IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 18992 of 2007(J)
1. C.D. JOSHY, AGED 46 YEARS,
... Petitioner
Vs
1. THE ASST. ENGINEER,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SMT.P.DEEPTHI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :29/06/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO.18992 OF 2007
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DATED THIS THE 29th DAY OF JUNE, 2007
JUDGMENT
The petitioner challenges Ext.P6 notice by which the petitioner
has been directed to vacate the properties mentioned therein within
three days. According to the petitioner, the same has not been
preceded by a notice and a hearing as contemplated under the Kerala
Land Conservancy Act. The petitioner stoutly denies that the property
is Government land. The petitioner would submit that the property
belongs absolutely to the petitioner.
2. I have heard the learned Government pleader also. The
learned Government pleader could not satisfy me that Ext.P6 has been
preceded by a notice and a hearing as required under the Kerala Land
Conservancy Act and Rules. Ext.P6 also does not contain any reasons
as to why the emergency provisions under the Act is to be invoked.
That being so, Ext.P6 is violative of the principles of natural justice.
However, in view of the orders I propose to pass I do not think that it
is necessary to quash Ext.P6 as such.
2. In the facts and circumstances of the case, the petitioner
shall file objections to Ext.P6 before the 1st respondent, who shall
W.P.(c)No.18992/07 2
forward the same to the jurisdictional Tahsildar. The Tahsildar shall
hear the petitioner, afford an opportunity to adduce evidence and
pass a speaking order dealing with the contentions and evidence of
the petitioner and communicate that decision to the petitioner. Till
communication of such decision, the petitioner shall not be evicted
from the property in question.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.18992/07 3