IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14677 of 2010(H)
1. THEVAN
... Petitioner
Vs
1. STATE OF KERALA AND OTHERS
... Respondent
For Petitioner :SRI.PEEYUS A.KOTTAM
For Respondent :SRI.S.SHANAVAS KHAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :07/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.14677 OF 2010
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Dated this the 7th day of JUNE, 2010
J U D G M E N T
The petitioner’s grievance in this writ petition is that
respondents 3 to 5 are attempting to dispossess the petitioner of
his properties by coercive action without complying with the
procedure prescribed under law. Naturally, a person, who is in
possession of property, can be dispossessed only after complying
with the procedure prescribed under law. As far as respondents 1
to 3 are concerned, the learned Government Pleader would
submit that they would take action only in accordance with the
procedure prescribed under law.
2. I have no doubt that the fourth respondent Panchayat
being a statutory authority would not take action against the
petitioner without complying with the procedure prescribed under
law.
In the above circumstances, directing that the petitioner
shall be dispossessed of any of his properties only after
W.P.(c)No.14677/10 2
complying with the procedure prescribed under law,
particularly, the necessity to give a notice and hearing to the
petitioner, this writ petition is closed. However, the petitioner
cannot prevent respondents 1 to 4 from measuring the
properties in order to take further action.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.14677/10 3