High Court Kerala High Court

Smt.Elsy Thomas vs State Of Kerala on 15 June, 2007

Kerala High Court
Smt.Elsy Thomas vs State Of Kerala on 15 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16160 of 2007(W)


1. SMT.ELSY THOMAS, W/O JOSEPH,
                      ...  Petitioner

                        Vs



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

2. DISTRICT COLLECTOR, CIVIL LINES,

3. TAHSILDAR, TALUK OFFICE,

4. VILLAGE OFFICER, VILLAGE OFFICE,

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :15/06/2007

 O R D E R
                             S. SIRI JAGAN, J.

                         --------------------------

                      W.P.(C)NO.16160 OF 2007

                          -------------------------

            DATED THIS THE 15th DAY OF JUNE, 2007


                                 JUDGMENT

The petitioner challenges Ext.P4 direction issued to him directing

him to vacate the properties mentioned in the same. The petitioner’s

contention is that Ext.P4 was not preceded by any notice, hearing or

opportunity to adduce evidence. The learned counsel for the petitioner

submits that the Kerala Land Conservancy Act and Rules prescribed

certain procedures for eviction of unauthorised occupation of

Government land assuming that the property covered is Government

land which have not been complied with in this case.

2. The learned Government pleader could not satisfy me that

Ext.P4 was preceded by any notice or hearing.

3. Going by the Kerala Land Conservancy Act and Rules

occupants of Government land, even if unauthorised, cannot be

evicted except after complying with the procedure prescribed. Even for

invoking emergency provisions, specific reasons have to be mentioned

in the orders passed. Ext.P4 does not contain any such reasons. That

being so, Ext.P4 has been issued in violation of the principles of natural

justice. Accordingly, Ext.P4 is quashed. If the respondents so wish,

W.P.(c)No.16160/07 2

they may initiate fresh proceedings after issuing a notice to the

petitioner affording him an opportunity to adduce evidence, hearing

him and passing a speaking order.

The writ petition is allowed as above.

S. SIRI JAGAN, JUDGE

Acd