IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16160 of 2007(W)
1. SMT.ELSY THOMAS, W/O JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DISTRICT COLLECTOR, CIVIL LINES,
3. TAHSILDAR, TALUK OFFICE,
4. VILLAGE OFFICER, VILLAGE OFFICE,
For Petitioner :SRI.T.V.GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/06/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO.16160 OF 2007
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DATED THIS THE 15th DAY OF JUNE, 2007
JUDGMENT
The petitioner challenges Ext.P4 direction issued to him directing
him to vacate the properties mentioned in the same. The petitioner’s
contention is that Ext.P4 was not preceded by any notice, hearing or
opportunity to adduce evidence. The learned counsel for the petitioner
submits that the Kerala Land Conservancy Act and Rules prescribed
certain procedures for eviction of unauthorised occupation of
Government land assuming that the property covered is Government
land which have not been complied with in this case.
2. The learned Government pleader could not satisfy me that
Ext.P4 was preceded by any notice or hearing.
3. Going by the Kerala Land Conservancy Act and Rules
occupants of Government land, even if unauthorised, cannot be
evicted except after complying with the procedure prescribed. Even for
invoking emergency provisions, specific reasons have to be mentioned
in the orders passed. Ext.P4 does not contain any such reasons. That
being so, Ext.P4 has been issued in violation of the principles of natural
justice. Accordingly, Ext.P4 is quashed. If the respondents so wish,
W.P.(c)No.16160/07 2
they may initiate fresh proceedings after issuing a notice to the
petitioner affording him an opportunity to adduce evidence, hearing
him and passing a speaking order.
The writ petition is allowed as above.
S. SIRI JAGAN, JUDGE
Acd