IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 19829 of 2007(I)
1. GILLY DAVIS, VELLANIKKARAN HOUSE,
... Petitioner
2. JOY DAVIS, DO. DO.
Vs
1. ASST.EXECUTIVE ENGINEER,
... Respondent
2. THE DISTRICT COLLECTOR, THRISSUR.
3. THE REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.ROY CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/07/2007
O R D E R
S. SIRI JAGAN, J.
-----------------------------------
W.P.(C)NO.19829 OF 2007
-----------------------------------------
DATED THIS THE 11th DAY OF JULY, 2007
JUDGMENT
The petitioners challenge Ext.P5 notice by which the petitioners
have been directed to vacate the property therein within seventy two
hours. The contention of the petitioner is that prior to issue of Ext.P5,
there was no notice or hearing as contemplated under the Kerala Land
Conservancy Act and Rules. They, therefore, submit that Ext.P5 has
been issued in violation of principles of natural justice.
2. I have heard the learned Government pleader also. The
learned Government pleader could not satisfy me that Ext.P5 was
preceded by a notice or a hearing. Ext.P5 is also does not contain any
reasons as to why emergency provisions under the Kerala Land
Conservancy Act should be invoked. In the above circumstances, I am
satisfied that Ext.P5 has been issued in violation of principles of natural
justice as also the provisions of the Kerala Land Conservancy Act and
Rules. However, if Ext.P5 is treated as a show cause notice, it is not
necessary to quash the same. The learned Government pleader
submits that although the 1st respondent is competent to issue Ext.P5,
it would be more appropriate that the jurisdictional Tahsildar deals
W.P.(c)No.19829/07 2
with the matter further. Accordingly, I direct the 1st respondent to
forward Ext.P5 to the jurisdictional Tahsildar forthwith. The
petitioners shall file their objections to Ext.P5 within a period of two
weeks from today. The jurisdictional Tahsildar shall afford an
opportunity of being heard to the petitioners which shall include an
opportunity to adduce evidence also. Thereafter, the Tahsildar shall
pass a speaking order meeting the contentions of the petitioners on
the basis of the evidence to be adduced by them. Till orders thus
passed are communicated to the petitioners, the petitioners 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.19829/07 3