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P.M.IBRAHIM LABBA versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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P.M.IBRAHIM LABBA v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 17750 of 2007(K) [2007] RD-KL 10011 (11 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17750 of 2007(K)

1. P.M.IBRAHIM LABBA,
... Petitioner

2. YOUNUS LABBA,

3. P.M.RASHEED,

4. P.M.HARIS,

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. DISTRICT COLLECTOR,

3. TAHASILDAR,

4. SURVEY SUPERINTENDENT,

For Petitioner :SRI.V.K.MOHAMMED YOUSUF

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :11/06/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.17750 OF 2007

DATED THIS THE 11th DAY OF JUNE, 2007



JUDGMENT

The petitioners challenge Ext.P1 notice. According to the petitioners, although Ext.P1 is only a show cause notice and the petitioners have filed Ext.P10 objections, at any time the respondents may evict the petitioners from the property. I cannot assume that the responsible officers like the respondents, who after issuing Ext.P1 show cause notice would act without compliance with the procedure prescribed under the Kerala Land Conservancy Act and Rules especially since it is incumbent on the respondents to pass a speaking order after affording the petitioners an opportunity of being heard and opportunity to adduce evidence. That being so, I am not inclined to entertain this writ petition at this juncture. Accordingly, the writ petition is closed.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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