IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 19212 of 2007(K)
1. WILSON GEORGE,
... Petitioner
Vs
1. DISTRICT COLLECTOR,
... Respondent
2. TAHSILDAR,
For Petitioner :SRI.RAJAN JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/07/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO. 19212 OF 2007
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DATED THIS THE 2nd DAY OF JULY, 2007
JUDGMENT
The petitioner has been directed by Ext.P1 notice to demolish the
petitioner’s compound wall on the allegations that the same has been
constructed encroaching into Government land. The petitioner’s
contention is that the petitioner has not encroached into any
Government land and that the compound wall has been constructed in
the petitioner’s own property. The petitioner further submits that
before issuing Ext.P1 notice, he has not been given any notice to show
cause or hearing and therefore, Ext.P1 is violative of principles of
natural justice as well as the provisions of the Land Conservancy Act
and Rules.
2. I have heard the learned Government pleader also. The
learned Government pleader could not satisfy me that Ext.P1 was
preceded by any notice or hearing. Ext.P1 is also devoid of any
reasons for invoking the emergency provisions under the Land
Conservancy Act, which has to be recorded as per the provisions of the
Kerala Land Conservancy Act. In the above circumstances, I am
satisfied that Ext.P1 has been issued in violation of the principles of
natural justice as well as the provisions of the Kerala Land
W.P.(c)No.19212/07 2
Conservancy Act and Rules. However, if Ext.P1 is treated as a show
cause notice, it would not be necessary to quash the same.
Accordingly, I direct the 2nd respondent to treat Ext.P1 as a show
cause notice and Ext.P2 as the objections filed by the petitioner
against the same. The 2nd respondent shall consider Ext.P2
objections to Ext.P1 in the light of the evidence to be produced by
the petitioner for which the petitioner shall be given an opportunity
to adduce evidence as also a hearing. Thereafter the 2nd
respondent shall pass a speaking order considering the contentions
of the petitioner on the basis of the evidence to be produced by the
petitioner. Till orders passed as above are communicated to the
petitioner, the petitioner shall not be evicted from the property in
question and the petitioner’s wall shall not be demolished.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.19212/07 3