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2026 Supreme(Online)(Ker) 14132

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SAJAD T.K. – Appellant
Versus
THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER (ROADS), PUBLIC WORKS DEPARTMENT – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.G.HARIHARAN, SRI.PRAVEEN.H.
For the Respondents: SRI.VINOD RAVINDRANATH, SMT.MEENA.A., GP-NIMA JACOB

JUDGMENT

Dated this the 26th day of February, 2026 Petitioner has approached this Court challenging Ext.P5 notice issued by the 1st respondent which has been issued without a an opportunity of being heard to the petitioner.

2. Petitioner is the owner and occupier of the property having an extent of 3 Ares and 0.64 sq mtrs which was transferred by the petitioner’s father in the name of the petitioner as per Ext.P1 document of 2013. There is a shopping complex existing in the said building, wherein a restaurant is being run by the petitioner and other business concerns. Petitioner has been paying tax in respect of said building as evident from Ext.P2. The said shopping complex is situated just adjacent to Wandoor – Nilambur road on the eastern side. Petitioner had certain dispute with autorikshaw employees union regarding the unauthorised parking of autorikshaws in front of the petitioner’s shopping complex. While so, Ext.P5 notice was issued to the petitioner intimating that the petitioner has encroached upon the Government land, and directed the petitioner to evict the encroachment within a period of seven days. The specific case of the petitioner is that no prior show cause notice

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