The court emphasizes the right of an individual to present objections in response to encroachment notices before appropriate authorities.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Issue a Writ of Certiorari or other appropriate Writs, orders of directions to call for the records leading to Exhibit P-5 and to quash the same;

ii. Issue a Writ of Mandamus, or other appropriate Writs, orders of directions commanding the 1^st respondent to comply with the directions contained in Exhibit P-3 judgment and to proceed further in the interest of justice."

[SIC]

2. According to the petitioner, he is the absolute owner in possession of a parcel of land in Puthupariyaram 2 village of Palakkad Taluk within the jurisdiction of the 3^rd respondent Grama Panchayat. The property was given to the petitioner by a gift deed executed by his late mother is the submission. During the mother's life time, there were allegations that the petitioner had encroached upon into the Panchayat property is the further submission. This was challenged in a writ petition, which was disposed of directing the 1^st respondent herein to take steps to measure the property to find out whether there is encroachment. Nothing was done in the matter for quite long period and finally the Taluk surveyor issued Ext.P4 notice is the submission. The petitioner participated in the measurement. However, the proceedings of the 1st respondent finding out encroachment had not been communicated to him and Ext.P5 was issued asking the petitioner to vacate the encroached portion. Consequently, Ext.P6 stop memo was also issued. Aggrieved by the same, this writ petition is filed.

3. Heard counsel for the petitioner and the Standing counsel appearing for the respondents 3 and 4. I also heard the Government Pleader.

4. After hearing both sides, I am of the considered opinion that the petitioner can be allowed to file his objection to Exts.P5 and P6 before the 4^th respondent and there can be a direction to consider the same after giving an opportunity of hearing to the petitioner.

4. When this writ petition came up for consideration on 21.11.25, this Court passed the following order:

" Admit.

Government Pleader takes notice for R1 &

R2. Issue urgent notice to R3 & R4.

After going through the pleadings and after hearing the counsel for the petitioner, I think, a prima facie case is made out by the petitioner. There will be an interim stay as prayed for, for a period of three months.

The Respondents can file counter affidavit, if any, and bring up the case, if there is any urgency."

5. The above order can continue till final orders are passed in the objection.

Therefore, this Writ Petition is disposed of with the following directions:

1. The petitioner is free to submit his objection to Exts.P5 and P6 before the 4^th respondent, within two weeks from the date of receipt of a copy of the judgment.

2. If such an objection is received, the 4^th respondent will consider the same and pass appropriate orders in it, after giving sufficient opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the objection.

3. If the objection is submitted as directed above, the further proceedings based on Exts.P5 and P6 shall be kept in abeyance, till final orders are passed in objection.

Sd/-