Sulfiker Ali Thorakkadan vs The Special Grade Secretary on 11 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1221 of 2007(U)


1. SULFIKER ALI THORAKKADAN, AGED 33 YEARS,
                      ...  Petitioner

                        Vs



1. THE SPECIAL GRADE SECRETARY,
                       ...       Respondent

2. THE KARUVARAKUNDU, GRAMA PANCHAYATH,

3. THE TAHSILDAR, NILAMBUR TALUK,

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.P.SAMSUDIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :11/01/2007

 O R D E R
                         PIUS C.KURIAKOSE, J.

                       ----------------------------------

                     W.P.(C)NO. 1221  of    2007

                       ----------------------------------

               Dated this 11th day of  January, 2007


                                JUDGMENT

This writ petition has been filed seeking to quash Exts.P4,

P6 and P7 under which it is proposed to evict the petitioner from

the puramboke allegedly trespassed upon by the petitioner. In

fact, earlier a notice similar to Ext.P7 was issued to the

petitioner as Ext.P4. To Ext.P4, the petitioner submitted Ext.P5

reply. It appears that the issue was referred by the Panchayat to

the competent authority under the Kerala Land Conservancy Act,

who issued Ext.P6 notice to the petitioner. The learned counsel

for the petitioner submits that to Ext.P6, a detaled reply was

submitted and thereafter nothing has been heard from the

authorised officer under the Land Conservancy Act. Now the

Panchayat has once again issued Ext.P7 notice to the petitioner.

Ext.P7 is perse, illegal, so contends the petitioner.

2. I do not propose to decide on the merits of the grounds

raised by the petitioner impugning Ext.P7 or for that matter

Exts.P4 and P5. Ext.P7, the last notice issued to the petitioner is

WPC No.1221/2007 2

only a show cause notice. It is open to the petitioner to file a

detailed reply to the same. If reply is filed by the petitioner

within two weeks from today, the Panchayat will consider that

reply, hear the petitioner and thereafter only take a decision on

the question as to whether further action should be taken for

evicting the petitioner. The petitioner shall be informed of the

said decision. In view of the above direction, forceful eviction of

the petitioner from the property in question will be kept in

abeyance for a period of two months from today.

The writ petition is disposed of as above.

PIUS C.KURIAKOSE

Judge

dpk