IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17919 of 2010(L)
1. MARIYAKUTTY AUGUSTINE,
... Petitioner
2. S.ALOSIOUS, AGED 80,
3. REETHA, THRVTTU VEEDU, DO. DO.
4. GEORGE.P.T., PULIMOOTTIL VEEDU, DO. DO.
5. PUSHPA.P.T, PULIMOOTTIL VEEDU OF
6. SKARIA, SHINE NIVAS OF DO. DO.
7. SAJI, S/O.PIOUS, SAJI BHAVANIL,
8. RAVICHANDRAN, S/O.MANUEL,
Vs
1. THE ASSISTANT ENGINEER,
... Respondent
2. THE DISTRICT COLLECTOR,
3. SECRETARY TO P.W.D.,
4. STATE OF KERALA REP. BY ITS
For Petitioner :SRI.JOHNSON MANAYANI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/06/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 17919 of 2010
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Dated this, the 9th day of June, 2010.
J U D G M E N T
The petitioner is aggrieved by Ext. P2 and similar notices
directing the petitioners to vacate certain properties in their
possession on the allegation that the petitioners have encroached
into Government land. The petitioners submit that the petitioners
have not been afforded an opportunity of being heard before issuing
Ext. P2 directing vacating of the property in question. They would
therefore submit that Ext. P2 and similar notices have been issued in
violation of the principles of natural justice.
2. I have heard the learned Government Pleader also.
3. I am of opinion that the Kerala Land Conservancy Act
presupposes a notice and a hearing with opportunity to adduce
evidence before a person can be directed to vacate properties on the
ground that the same is Government land. Ext. P2 does not even
indicate that such an opportunity has been given to the petitioners.
Therefore, Ext. P2 and similar notices are liable to be quashed on that
ground. But, I am of opinion that that if the same is regarded as
show cause notices, they need no be quashed as such. In the above
circumstances, the writ petition is disposed of with the following
directions:
The 1st respondent shall treat Ext. P2 and similar notices issued
to the petitioners as show cause notices directing them to show cause
why they should not be evicted from the property involved. The
petitioners shall file their objections to the same within a period of
two weeks. On receipt of the objections, the 1st respondent shall issue
notices to the petitioners for a hearing fixing a day for the same, on
which day, the petitioners shall be present before the 1st respondent
with all evidence in support of their contentions. The 1st respondent
shall, after hearing the petitioners, consider the evidence to be
W.P.C. No. 17919/2010 -: 2 :-
produced by the petitioners and pass a considered order dealing with
every contention of the petitioners and entering specific findings
thereon. The orders to be passed shall be served on the petitioners.
The petitioners shall not be evicted from the property in question
until after two weeks from the date when the orders are served on
the petitioners.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.