Betty Santhosh vs State Of Kerala Represented By Its on 4 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16611 of 2008(C)


1. BETTY SANTHOSH, D/O DANIEL, SANTHOSH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT

3. THE DISTRICT COLLECTOR, KOLLAM.

4. THE ADDITIONAL TAHISALDAR, KOTTRAKKARA.

5. AEI.R.GOPALAKRISHNA PILLAI,

6. SRI. D.SANTHOSH, PUTHENVILA VEEDU,

                For Petitioner  :SRI.ANCHAL C.VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/06/2008

 O R D E R
                       S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.16611 OF 2008
              ----------------------------------------
                Dated this the 4th day of June, 2008

                           JUDGMENT

The petitioner is challenging Ext.P12 order whereby the

petitioner has been directed to vacate Government land on the

ground that the land is urgently in need for a public purpose. The

petitioner submits that the petitioner is in occupation of the

property in question covered by Ext.P12 and Ext.P12 order has

been passed without any prior notice or hearing in the matter.

2. The learned Government Pleader submits that

admittedly the petitioner encroached into Government land and

she has no rights whatsoever in the property. He would further

submit that after purchasing fourteen cents of land, the petitioner

has encroached into two acres of land and is now claiming

assignment of the entire land on the ground that he is in

possession of the same. The learned Government Pleader would

also submit that in view of Rules 5 and 6 of the Kerala Land

Assignment Rules, the petitioner is not entitled to assignment of

the land also.

W.P.(c)No.16611/08 2

3. After hearing both sides, I feel that the petitioner

should be afforded an opportunity of being heard before he is

evicted. Accordingly, I dispose of this writ petition with the

following directions.

The 4th respondent would treat Ext.P12 as a show cause

notice. The petitioner shall file her objections to the same

within a period of two week. The 4th respondent shall

thereafter, afford an opportunity of being heard to the

petitioner which shall include the opportunity to adduce

evidence also and pass appropriate orders in accordance with

law. Till the order is communicated to the petitioner, the

petitioner shall not be forcibly evicted from the land.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.16611/08 3