JUDGMENT :

1. The Secretary of the Kallukadavu Muslim Jamaath was served with Exhibit P1 notice issued by the Assistant Executive Engineer, PWD Road Division, Karunagappally informing him that the wall built by the petitioner in front of the Muhiyuddin Sheikh Masjid which comes under the Jamat encroaches upon the Padanayarkulangara- Sasthamkotta Major District Road and they were asked to remove the encroachment within a period of three days. This writ petition is filed challenging the said notice.

2. The petitioner contends that the mosque was built about 40 years back and according to them, Ext.P1 notice was issued without properly demarcating the property of the petitioner and the State Highway. It is contended that there is considerable free space between the road and the compound wall of the Mosque and therefore, for the widening of the road, the removal of the wall is not required. Their grievance is that the petitioner has been discriminated against as other encroachments in the near vicinity remain untouched by the respondents. It is further stated that the petitioner was not even afforded an opportunity of being heard. The petitioner contends that stating their grievance, the