K.T. BABURAJAN Vs. FEROKE MUNICIPALITY

JUDGEMENT

(1.) The petitioners, who are stated to be the residents of "Kundayithadam Kizhakke Thodi Pattika Jathi Colony" in Kozhikode have approached this Court impugning Ext.P3 notice, issued by the 1st respondent-Feroke Municipality, as per which, they have been directed to vacate themselves from their property comprised of in Re-Sy.No.165/1B, alleging that it is owned by the Municipality and that the petitioners and their organization have illegally encroached into it.

(2.) According to the petitioners, Ext.P3 appears to have been issued solely on the basis of the directions in Ext.P2 judgment, in which they were not made parties, and transpires for it that the Feroke Municipality had undertaken before this Court that all encroachments, if any, would be looked into and proceeded against immediately. The petitioners say that under the guise of this undertaking, the Municipality is now illegally attempting to trespass into the property and evict them forcefully. They, therefore, pray that

(3.) The learned Standing Counsel appearing for Feroke Municipality-Sri.P.C.Sasidharan, submits that the afore allegations of the petitioners are completely untrue, since Ext.P3 is only a notice asking the petitioners to evict themselves from the property in question or to face consequences under law. He says that the Municipality intends to take further action only after considering to the objections to be made, if any, by the petitioners; and prays, therefore, that this writ petition be dismissed.