Writ Petition No.8758/2013 filed by a person, who aggrieved by the proceedings of the Assistant Executive Engineer to remove the alleged encroachment by him. Writ Petition No.8216 is filed by a person to take action to remove the illegal encroachment in the puramboke land. Both are related to same eviction. In Ext.P4 produced in W.P(C) No.8758/2013, it is stated that the petitioner therein has encroached upon the property in Re-survey No.369 belongs to PWD and the petitioner has been directed to remove the illegal construction in the above property. The petitioner’s case is that he is in occupation of the land owned by the Panchayath and he is in occupation of the property. Admittedly, the petitioner does not claim any ownership of W.P.(C) No.8758/2013 & 8216/2014 2 the property. Therefore, this proceedings is initiated under the Land Conservancy Act. Ext.P4 can be treated as a show cause notice as it does not indicate that the petitioner was heard before ordering eviction.
In view of the above, the petitioner shall raise objection to Ext.P4 within a period of two weeks from the date of receipt of a copy of this judgment. A decision shall be taken after hearing the petitioner and other petitioner in W.P.(C) No.8216/2014 within a further period of two weeks. Till then, status quo shall be continued.
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A.MUHAMED MUSTAQUE, JUDGE ln