IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 905 of 2009(G) ------------------------ PETITIONER(S): --------------- SRI. P. RAMAN, PUTHANAYIL HOUSE, POTHANNUR DESOM, KALADY VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENT(S): --------------- 1. THE TAHSILDAR AND EXECUTIVE MAGISTRATE, PONNANI, PONNANI P.O., MALAPPURAM DISTRICT. 2. K.V. GOPALAN NAIR, ACHUTHANIVAS, POTHANOOR, POLPAKKAA\RA P.O., PONNANI TALUK, MALAPPURAM DIST, PIN CODE 679 576 BY GOVT.PLEADER SMT SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 905 2009 ------------------------ Dated this the 9th day of January, 2009. JUDGMENT Petitioner submits that he is the owner of 1.14 acres of land in survey Nos.278/7 and 275/1 of Kalady village in Ponnani Taluk. It is stated that acting upon Ext.P1 order made at the instance of the 2nd respondent, petitioner has already cut and removed a portion of bamboo poles in his property. It is stated that despite having complied with Ext.P1, again at the instance of the 2nd respondent fresh proceedings have been initiated by the first respondent. It is stated that when he came to know about the fresh proceedings, he filed Ext.P4 application to the first respondent requesting that he be given copy of the complaint made and the enquiry report obtained, before proceeding further. It is stated that, so far he has not been given the copies sought for in Ext.P4. It is with that WP(c).No.905/09 /2/ complaint the writ petition is filed. 2. When proceedings are initiated against the petitioner in order to effectively defend the proceedings against him, it is essential that the petitioner is disclosed the materials on the basis of which the proceedings are initiated. When such materials are not disclosed, the petitioner is justified in asking for the copies of the documents relied on against him. This is precisely what he requested in Ext.P4. Since the complaint of the petitioners is that the materials sought for by him has not been disclosed, I direct the first respondent to take cognizance of Ext.P4 and pass appropriate orders thereon so that the petitioner can effectively defend the proceedings against him. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.905/09 /2/