IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 17741 of 2007(K) ------------------------------------- PETITIONER(S): ------------------------ JOSEPH STEPHEN, S/O.STEPHEN, POONOLLY HOUSE, KOTHAMANGALAM. BY ADV. MR.SAIGI JACOB PALATTY RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE ADDL.TAHASILDAR, KOTHAMANGALAM. R1 TO R3 BY GOVT. PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17741/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED DTD. 31./7.1975. P2:- COPY OF THE SALE DEED DTD. 12.5.1997. P3:- COPY OF THE NOTICE DTD. 6.6.07 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17741 of 2007-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2010. Judgment Petitioner moved this Court challenging Ext.P3 on the ground that it has been issued in undue haste and that he is likely to be dispossessed without appropriate hearing and opportunity to show cause. Ext.P3 order was stayed at the stage of admission on 8.6.2007. The following further direction was issued as per that order: “However, this shall not preclude the respondents from taking further proceedings after issuing a notice to the petitioner, affording him a opportunity of being heard including opportunity to adduce evidence and passing a speaking order.” In the light of the above, all that is required is for the Department to proceed with any WPC17741/07 -: 2 :- proposed action in terms of law and in the light of what is ordered as above on 8.6.2007. Hence, this writ petition is ordered making the aforesaid interim order absolute and directing that proceedings if any against the petitioner shall be concluded only after affording him sufficient opportunity of being heard and in accordance with law. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2503