IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27692 of 2010(J)
1. P.K.ABBAS, AGED 60 YEARS, S/O.
... Petitioner
2. GOVINDAKUTTAN, AGED 72 YEARS,
3. K.P.JOSEPH, AGED 53, S/O.LATE PHILIPOSE,
4. KASIM, AGED 60 YEARS, S/O. LATE NAVOOR
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
3. THE ASSISTANT ENGINEER,
4. THODUPUZHA MUNICIPALITY, REPRESENTED BY
For Petitioner :SRI.MAJNU KOMATH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/09/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 27692 OF 2010 (J)
=====================
Dated this the 7th day of September, 2010
J U D G M E N T
Although the petitioners admit that they are occupants of
road puramboke and are carrying on petty trades, relying on
Ext.P3 judgment in OP NO.5798/93, petitioners contend that their
eviction can only be in compliance with the provisions of the Land
Conservancy Act and only after issuing a notice under Section 11
of the said Act. It is contended that without complying with the
said directions, Ext.P4 series of notices have been issued calling
upon the petitioners to vacate from the places occupied by them
within 7 days. It is these notices which are under challenge.
2. I heard the learned counsel for the petitioners and also
the learned Government Pleader appearing for the respondents.
3. It is an undisputed fact that in Ext.P3 judgment
rendered by this Court in OP NO.5798/93 filed by the petitioners,
it has been directed that their eviction can only be after notice to
them as per Section 11(3) of the Land Conservancy Act. This
requirement does not appear to have been complied with, and if
that be so, proceedings initiated by Ext.P4 series of notices
WPC No. 27692/10
:2 :
cannot be sustained.
4. Be that as it may, having regard to the directions in
Ext.P3 judgment rendered as above, it is directed that Ext.P4
series of notices be treated as notices in compliance with the
directions in Ext.P3 judgment. It will be open to the petitioners to
file their objections to Ext.P4 series of notices to the 2nd
respondent within 15 days from today. If the petitioners file
replies as above, the 2nd respondent will hear them and pass final
orders in the matter, which shall be done at any rate within 4
weeks of the petitioners filing their objections. In the meanwhile,
it is directed that dispossession pursuant to Ext.P4 series of
notices will be suspended.
5. Petitioners shall produce a copy of this judgment
along with a copy of this writ petition before the 2nd respondent
for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp