IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7828 of 2008(F) ------------------------- PETITIONER: ------------ K.S.CHERIYAN, AGED 78 YEARS, S/O.SKARIA, KADAVIL THEKKETHIL, CHENNEERKARA P.O., AMBALAKADAVU, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.M.JOSHI SMT.JINU JOHN SRI.JOJO VARGHESE RESPONDENTS: ------------- 1. ASSISTANT ENGINEER, P.W.D. ROAD SECTION OFFICE, PATHANAMTHITTA. 2. ASSISTANT EXECUTIVE ENGINEER, P.W.D.ROAD SECTION OFFICE, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 7828 of 2008 ------------------------------------- Dated: MARCH 7, 2008 JUDGMENT In this case the petitioner is aggrieved by Ext.P3 notice. 2. Ext.P3 notice has been issued by the 1st respondent describing the petitioner to be an encroacher and requiring him to remove the constructions within 72 hours. It is also stated in Ext.P3 that if the demand is not complied with, action will be taken for his eviction. On receipt of Ext.P3 notice, petitioner has filed Ext.P4 reply to the 1st respondent. Apprehending that coercive action will be taken on Ext.P3, this writ petition has been filed. 3. A reading of the writ petition as also the impugned order shows that before issuing Ext.P3, petitioner was not put on notice nor was the petitioner given an opportunity to explain his version. If that be so, since drastic action such as demolition and eviction are proposed, I feel that principles of natural justice has been violated. 4. Accordingly I direct that Ext.P3 shall be treated as a show cause notice and the respondents shall consider the contentions raised by the petitioner in Ext.P4 with notice to him. For this WP(C) 7828/08 Page numbers purpose I direct that the 1st respondent shall transfer the files to the 2nd respondent and the 2nd respondent shall issue notice to the petitioner giving him an opportunity to produce his documents and make his submissions. Thereafter a considered order in the matter shall be passed as expeditiously as possible. In the meantime all further proceedings pursuant to Ext.P3 shall stand stayed until orders are passed by the 2nd respondent. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-