A N VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) EXT.P5 order dated 4.7.2011 issued by the second respondent under the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 is under challenge in these writ petitions.

(2.) THE petitioners are lessees in occupation of buildings situated in Malampuzha Garden under the control of the Irrigation Department. Initially, the second respondent issued separate orders directing the petitioners to vacate their buildings for the purpose of renovating the Malampuzha Garden. At that stage, the petitioners filed W.P.(C) Nos.1601 of 2011 and 1972 of 2011 in this Court challenging the impugned notices. By Ext.P4 judgment delivered on 19.1.2011, this Court held that notices issued by the second respondent are not in accordance with the Public Premises Eviction of Unauthorised Occupants Act, 1971. THE writ petitions were accordingly disposed of with a direction to the respondents to initiate proceedings under the said Act for the eviction of the petitioners with a further direction that until then, the petitioners shall not be dispossessed. It was pursuant thereto that the impugned notices were issued calling upon the petitioners to vacate the buildings in their possession within 15 days from the date of receipt of the notice. THE main contention raised in these writ petitions is that the notices are not in terms of the provisions contained in sections 4 and 5 of the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968.