IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 17144 of 2007(N) -------------------------------------- PETITIONER: ------------------- P.T.JOY, AGED 55 YEARS, S/O.LATE THOMAS, PAMBLANIYIL HOUSE, PERUVANNAMUZHY P.O., KOZHIKODE - 673 528. BY ADVS. MR.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE. 2. TAHSILDAR, QUILANDY, KOZHIKODE DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17144/2007-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER BEARING NO. 5629/L2/05/REVENUE DTD. 23/04/2005 ISSUED BY THE SECRETARY TO THE GOVERNMENT TO THE DISTRICT COLLECTOR, KOZHIKODE. EXT.P.2: COPY OF THE LETTER DTD. 24/10/2005 ISSUED TO THE R.2. BY THE DISTRICT COLLECTOR, KOZHIKODE. EXT.P.3: COPY OF THE LIST DTD. 14/01/2005 PREPARED BY THE DEPUTY COLLECTOR, LAND REFORMS, KOZHIKODE. EXT.P.4: COPY OF THE SECOND RESPONDENT'S NOTICE TO THE PETITIONER BEARING NO. G1.K3.4719/07/O DTD. 31/05/2007. EXT.P.5: COPY OF THE REPLY DTD. 01/06/2007 SUBMITTED BY THE PETITIONER TO THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17144 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th May, 2009. J U D G M E N T The petitioner has filed this writ petition challenging Ext. P4 notice, whereby the petitioner has been directed to vacate certain lands occupied by him unauthorisedly, which is Government land, with a threat of coercive proceedings for evicting the petitioner therefrom. The petitioner challenged the notice on the ground that the same has been passed without complying with the procedure prescribed under law. 2. At the time of admission, I passed the following interim order: “Notice and interim stay. However, this shall not preclude the respondents from taking further action after issuing notice to the petitioner, giving him opportunity to produce evidence, hearing him and passing a speaking order.” 3. The 2nd respondent has filed a counter affidavit in which it is stated that Ext. P5 petition filed by the petitioner was disposed of on 20-6-2007 after granting opportunity of the petitioner for hearing. It is stated that the petitioner has not produced any documents to establish or prove right or title over the property. 4. Although, the learned counsel for the petitioner would dispute that the petitioner has received that order, he has not chosen to file a reply controverting the said averment in the counter affidavit. In the above circumstances, I dispose of this writ petition with the following directions. If the petitioner has not been served with the order stated to have been passed on 20-6-2007, a copy of the same shall be issued to W.P.C. No. 17144/2007. -: 2 :- the petitioner under proper acknowledgment. If the petitioner is aggrieved by the same, he would be free to challenge the same in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/