IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 21802 of 2007(U)
1. SHAJI @ SHAJI CHERIYAN, AGED 34 YEARS,
... Petitioner
Vs
1. DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. TAHSILDAR, TALAPPILLY TALUK,
3. VILLAGE OFFICER, KARUMATHRA VILLAGE,
4. ASSISTANT EXECUTIVE ENGINEER,
5. TALUK SURVEYOR, TALAPPILLY TALUK,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :01/08/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO.21802 OF 2007
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DATED THIS THE 1st DAY OF AUGUST, 2007
JUDGMENT
The petitioner challenges Ext.P19 notice by which the petitioner
has been directed to vacate the property mentioned therein. The
petitioner points out that the petitioner had earlier approached this
Court in which Ext.P18 judgment has been passed, whereby it was
observed that the 2nd respondent can evict the petitioner only after
issuing notice, affording opportunity of being heard including
opportunity to adduce evidence and passing a speaking order. The
petitioner complains that none of the above has been complied with,
while passing Ext.P19.
2. I have heard the learned Government pleader also. In
view of Ext.P18 judgment passed by me, I am satisfied that Ext.P19 is
unsustainable since the learned Government pleader is not able to
satisfy me that the procedure applicable as held in Ext.P18 judgment
has been complied with.
3. In the above circumstances, Ext.P19 is quashed. If the 2nd
respondent wishes to proceed further, he shall do so only after issuing
show cause notice to the petitioner inviting objections, granting an
W.P.(c)No.21802/07 2
opportunity to the petitioner of being heard which shall include
opportunity to adduce evidence also and passing a speaking order
dealing with each and every contention of the petitioner. The
petitioner shall not be evicted from the property till after seven days
of communication of the order so passed to the petitioner.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.21802/07 3