IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 W.P(C).No. 17819 of 2008(U) ----------------------------------- PETITIONER: -------------- POONILARKAVU KSHETRA SAMRAKSHANA SAMITHY KODAKARA, REPRESENTED BY ITS SECRETARY, M.L.VELAYUDHAN NAIR, S/O.RAMAN MENON, MICHAT HOUSE, KODAKARA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: ----------------- 1. DISTRICT COLLECTOR, THRISSUR. 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD, IRINJALAKKUDA SUB DIVISION, PUTHUKKAD P.O., THRISSUR. 3. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, AYYANTHOLE, THRISSUR. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. *ADDL.R5. COCHIN DEVESWOM BOARD, TRICHUR, REPRESSENTED BY ITS SECRETARY *ADDL. 5TH RESPONDENT IMPLEADED AS PER ORDER IN IA NO. 9393/2008 DATED 21/07/2008. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 17819 OF 2008 U = = = = = = = = = = = = = = = = = Dated this the 21st day of July 2008 J U D G M E N T The challenge in this writ petition is against Exts. P1 and P4. These are orders issued by the 2nd respondent for eviction of the petitioner. In this writ petition, the main contention raised by the petitioner is that the land in question belongs to the additional 5th respondent and therefore, the proceedings initiated by the 2nd respondent as per Exts. P1 and P4 are incompetent. 2. I heard the learned Govt. Pleader and also the Standing Counsel who entered appearance on behalf of the additional 5th respondent. Since it is the specific contention of the petitioner that the land in question belongs to the additional 5th respondent, it is essential that the matter shall be considered with notice to the additional 5th respondent also. Therefore, I dispose of this writ petition with the following directions: 1) That Exts. P1 and P4 shall be treated only as show cause W.P.(C) No. 17819 OF 2008 -2- notices to which it will be open to the petitioner and the additional 5th respondent to file their explanation. This shall be done by the petitioner and the additional 5th respondent within 3 weeks from today. 2) On receipt of the objections as above, he 2nd respondent shall hear the petitioner and the additional 5th respondent and pass fresh orders in the matter adverting to the contentions raised by both of them. 3) It is directed that until fresh orders are passed as above, status quo as on date will be maintained by the 2nd respondent. 4) Petitioner shall produce a copy of this judgment before the 2nd respondent and the additional 5th respondent, for compliance. ANTONY DOMINIC JUDGE jan/-