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