High Court Kerala High Court

K.Muhammed @ Kunnummal Muhammed vs State Of Kerala on 18 September, 2007

Kerala High Court
K.Muhammed @ Kunnummal Muhammed vs State Of Kerala on 18 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27721 of 2007(A)


1. K.MUHAMMED @ KUNNUMMAL MUHAMMED,
                      ...  Petitioner
2. UMMER @ AYAKKODAN UMMER, S/O.AYAMMED,

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOZHIKODE.

3. THE TAHSILDAR, KOZHIKODE TALUK.

4. THE VILLAGE OFFICER, PUDUPPADY VILLAGE

                For Petitioner  :SRI.BABU JOSEPH KURUVATHAZHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :18/09/2007

 O R D E R
                    ANTONY DOMINIC, J.
                   ===============
                 W.P.(C) NO. 27721 OF 2007
               ====================

        Dated this the 18th day of September, 2007

                      J U D G M E N T

It is the contention of the petitioners that they had

purchased certain properties by Exhibits P1 and P4

documents. According to them, they are sought to be

evicted from these lands by issuing Exhibits P3 and P6. It is

complained that there was no notice or opportunity

provided to them before eviction was ordered. Since

petitioners are claiming ownership over the properties

involved in Exhibits P3 and P6, the minimum requirement is

that they should be put on notice and are heard before they

are ordered to be evicted from the premises occupied by

them.

2. Accordingly,I dispose of this writ petition with the

following directions.

Exhibits P3 and P6 shall be treated as show cause

WPC 27721/07
: 2 :

notices and the petitioners will file their objections, if any

within two weeks from today to the 3rd respondent. On

receipt of the objections, the 3rd respondent will afford them

an opportunity of hearing and thereafter adverting to the

contentions raised by them orders will be passed and

communicated to the petitioners. If orders that are passed

pursuant to Exhibits P3 and P6 are adverse to the

petitioners, that will not be implemented for two weeks

thereafter. In the meantime, further proceedings pursuant

to Exhibits P3 and P6 shall be kept in abeyance. If the

petitioners do not file objections to Exts. P3 and P6 within

the time specified above, respondents can proceed against

them as originally proposed.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp