IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 7342 of 2010(P) -------------------------------- PETITIONER: --------------- ABDURAHIMAN.A.K., S/O.YOOUSEF HAJI(LATE) ANJUKANDAN PALLIKKAL HOUSE, VALIYORA, VENGARA, MALAPPURAM-676308. BY ADVS. MR.SAJEEV KUMAR K.GOPAL MRS.AMBIKA RADHAKRISHNAN RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, VENGARA. 4. ABUHAJI.A.K., S/O. CHEKKU HAJI, ANJUKANDAN PALLIKKAL HOUSE,VALIYORA, VENGARA, MALAPPURAM-676308. ADV. MR.JAMSHEED HAFIZ FOR R4 MR. K. RAMESH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7342 of 2010 APPENDIX PETITINER'S EXHIBITS EXT.P1: COPY OF COMMUNICATION FROM THE PANCHAYAT TO THE VILLAGE OFFICER EXT.P2: COPY OF REPORT OF THE VILLAGE OFFICER. EXT.P3: COPY OF JUDGMENT IN O.S.4 OF 2000 AND 17 OF 2000. EXT.P4: COPY OF JUDGMENT IN O.S.17 OF 2000 DT.9.7.2004. EXT.P5: COPY OF COMMUNIATION ISSUED BY THE VILLAGE OFFICER. EXT.P6: COPY OF COMMUNICATION ISSUED BY THE FIRST RESPONDENT. EXT.P7: COPY OF JUDGMETN OF THIS HON'BLE COURT IN W.P.(C)NO.4968/05. EXT.P8: COPY OF REPRESENTATION FILED BEFORE THE FIRST RESPONDENT DT.22.2.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.7342 OF 2010 ------------------------------- Dated this the 8th day of JUNE, 2010 J U D G M E N T The petitioner is the son of late Sri. Yousef Haji, who had three sons. The petitioner is the youngest of the same. The elder brother of the petitioner Sri.Kunheeth Haji has expired. The second son one Sri. Muhammed is employed in Sauudi Arabia. Late Sri. Yousef Haji was in ownership and possession of three cents of property in Survey No.201/1 Vengara Village in Thirurangadi Taluk. The said property devolved by succession on the children of said Yousef Haji. The right of the petitioner’s elder brother was the subject matter of litigations pending as O.S.No.4/00, O.S.17/00 of the Parappanangadi Munsiff's Court and W.P.(c)No.4968/2005 before this Court, as evidenced by EXts.P3, P4 and P7. In Ext.P7 judgment, this Court on 27/05/2005 directed the Tahsildar to measure out the property and to demarcate the same. It was directed that if the petitioner’s brother is in possession of any puramboke property, W.P.(c)No.7342/10 2 steps should be taken to evict him from the same. According to the petitioner, pursuant to the said direction, measurements were made and the authorities were satisfied that there is no road puramboke or any encroachment. The petitioner’s grievance now is that after having settled the dispute thus, on the basis of a complaint submitted by the 4th respondent, the District Collector has orally directed respondents 2 and 3 to take steps to evict the petitioner from the property that too without notice or hearing to the petitioner. According to the petitioner, the same is against the directions in Ext.P7 judgment of this Court. 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the fourth respondent. The learned counsel for the fourth respondent submits that a counter affidavit has been filed by him today. But the same has not yet reached the Court. According to him, the action now proposed is on the basis of a report of the Village officer and the Tahsildar. But he also cannot positively assert that the petitioner has been given any notice or hearing in respect of the same. Respondents 1 to 3 cannot take any action in the matter without a notice and W.P.(c)No.7342/10 3 hearing to the petitioner, especially in view of Ext.P7 judgment. In the above circumstances, this writ petition is disposed of with a direction to respondents 1 to 3 that without giving the petitioner a notice, hearing him in accordance with law and passing a final order as provided under law, the petitioner shall not be evicted from the property in question. S. SIRI JAGAN, JUDGE acd W.P.(c)No.7342/10 4