IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 14362 of 2008(I) -------------------------- PETITIONER: ------------ K.NAFEESA, W/O. KHALID, AGED 55 YEARS, NAFEESA MANZIL, MAIN ROAD, KANNUR - 11. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT: ------------- THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KERALA,, KANNUR. BY GOVERNMENT PLEADER SRI. P.M.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 14362 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th August, 2008. J U D G M E N T The petitioner is aggrieved by the alleged steps taken by the respondent to evict the petitioner from a portion of her land. A petition to vacate the interim order has been filed by the respondent in which it is specifically stated thus in paragraph 4: “Encroachment on Government Land are being evicted following the procedure mentioned in the Kerala Land Conservancy Act. Notice will be served to the petitioner as per the rules when the eviction procedure is initiated. Petitioner's arguments will also be heard before issuing the final order. Hence the allegation of the petitioner that the department is going to demolish the building without notice is baseless. Eviction procedure is not started against the petitioner's encroachment at present. Hence the stay granted by this Honourable Court may be vacated.” In view of the said statement, no further orders are necessary in this writ petition. However, I make it clear that any proceedings shall be with notice to the petitioner and a hearing, which shall include opportunity to the petitioner to adduce evidence and a speaking order against which the petitioner can file an appeal. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.