K. P. VARGHESE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners in the Writ Petition first above referred challenges Exts.P8 and P9 notices, which call upon the petitioners to vacate the puramboke land, alleged to have been trespassed/encroached by them. The essential ground upon which Exts.P8 and P9 has been put to challenge, is non-observance of the principle of audi alteram partem. The Writ Petition second above referred is one filed by the petitioner therein seeking removal of the encroachment made by the petitioner in W.P.(C) No.14481/2024. The petitioner in W.P.(C) No.14964/2024 preferred a representation to that effect and the same is requested to be considered by the appropriate authority, expeditiously.

(2.) When this matter is taken up for consideration today, learned Special Government Pleader (Irrigation) would submit that the 2nd respondent Assistant Executive Engineer in W.P.(C) No.14481/2024 is prepared to afford an opportunity of being heard to the petitioners in both the Writ Petitions, as also, to pass fresh Orders.

(3.) Recording the submission of the learned Special Government Pleader, this Court allows W.P.(C) No.14481/2024 and set aside Exts.P8 and P9 notices. The 2nd respondent will hear the petitioners in both the Writ Petitions and shall pass appropriate Orders in the matter of eviction of the petitioners in W.P.(C) No.14481/2024 against whom encroachment is alleged. The above exercise shall be completed, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioners in both the Writ Petitions will be at liberty to produce a copy of the judgment before the 2nd respondent, for compliance.