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Judgment
Gopinath P., J
Petitioners in these writ petitions are aggrieved by the fact that without affording to them any opportunity of hearing and without giving them any opportunity to substantiate that they are not in possession of any 'highway purmboke', they have been issued with notices under the provisions of the Kerala Highway Protection Act, 1999, calling upon them to immediately surrender the alleged encroached portions.
It is the case of the learned counsel appearing for the petitioners in these cases that going by the law laid down by this Court in Sainudheen A.M and Another v. District Collector and Others [2020 KHC 2534], the petitioners have every right to appear and object to the determination that they are in illegal occupation of 'highway puramboke' to which the provisions of the Kerala Highway Protection Act, 1999 apply.
The learned Senior Government Pleader very fairly submits that the notices issued to the petitioners in these cases can be treated as show cause notices and the petitioners can be permitted to appear before the Executive Engineer, Roads Division, Public Works Department, Civil Station (PO), Kozhikode, who has issued the notices in question to the petitioners. It is submitted that thereafter, further proceedings can be completed after hearing and taking note of the objections, if any, raised by the petitioners.
Having heard the learned counsel appearing for the petitioners and the learned Senior Government Pleader appearing for the respondents, these writ petitions will stand disposed of directing that the notices issued to the petitioners in these cases under the provisions of the Kerala Highway Protection Act, 1999 (marked as Ext.P2 in W.P(C)No.2464 of 2023 and as Ext.P9 in W.P(C)No.464 of 2023) shall be treated as notices issued to the petitioners. The petitioners in these cases shall mark appearance before the 5th respondent at 11.00M on 31.01.2023. Thereafter, the proceedings shall be completed by the 5th respondent after taking note of any objections raised by the petitioners and if necessary, after carrying out a measurement of the properties with notices to the petitioners. Further proceedings will be continued against the petitioners in these cases only after the proceedings are concluded as above.