IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 26045 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. VIJAYAN, AGED 65 YEARS, S/O.NEELAKANDAN, AMPAPTTU HOUSE, KUTTILENJI P.O., ERAMALLOOR, KOTHAMANGALAM. 2. KOCHUMUHAMMED @ C.P. MUHAMMED, AGED 70 YEARS, S/O. PAREED, CHERUPURATH HOUSE, KUTTILENJI P.O., ERAMALLOOR, KOTHAMANGALAM. 3. VIJAYAN, AGED 50 YEARS, S/O.SIVASANKARAN, AIKARAMALI HOUSE, KUTTILENJI P.O., ERAMALLOOR, KOTHAMANGALAM. 4. SIDDIQUE, AGED 35 YEARS, S/O.KADIRKUTTY, KANJIRAKUDI HOUSE, KUTTILENJI P.O., ERAMALLOOR, KOTHAMANGALAM. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENT(S): --------------- 1. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, KOTHAMANGALAM-686691. 2. VILLAGE OFFICER, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK. 3. NELLIKUZHI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NELLIKUZHI, KOTHAMANGALAM TALUK. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26045 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A SKETCH SHOWING LIE OF ALUVA-MUNNAR ROAD AT IRUMALAPAPDY. EXT.P2 A TRUE PHOTOGRAPH SHOWING LIE OF ALUVA-MUNNAR ROAD AT IRUMALAPADY. EXT.P3(a) TO (d) TRUE PHOTOGRAPHS SHOWING THE LAND AND BUILDINGS THEREIN BELONGING TO THE PETITIONERS. EXT.P4 A PHOTOSTAT COPY OF THE SALE DEED NO.4429/1979 OF SRO, KOTHAMANGALAM. EXT.P5 A PHOTOSTAT COPY OF RECEIPT ISSUED BY THE 3RD RESPONDENT/PANCHAYAT TO THE 1ST PETITIONER. EXT.P6 A PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P7 A PHOTOSTAT COPY OF SALE DEED NO.1368/1975 OF SRO, KOTHAMANGALAM. EXT.P8 A PHOTOSOTAT COPY OF THE BUILDING TAX RECEIPT ISSUED TO THE 2ND PETITIONER. EXT.P9 A PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE 3RD RESPNDENT/PANCHAYAT TO THE 2ND PETITIONER. EXT.P10 A PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXTG.P11 A PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXT.P12 A PHOTOSTAT COPY OF THE IDENTITY CARD OF THE 4TH PETITIONER. EXT.P13 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDOENT TO THE 2ND PETITIONER. EXT.P14 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPNDENT TO THE 1ST PETITIONER. EXT.P15 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER. EXT.P16 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE 3RD PETITIONER. EXT.P17 A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE 4TH PETITIONER. RESPONDENTS' EXHIBITS: NIL //True copy// PA to Judge ANTONY DOMINIC, J ----------------------------------------- W.P(C) No. 26045 of 2011 ------------------------------------------ Dated this the 30th day of September , 2011. JUDGMENT Petitioners are aggrieved by the notices issued under Section 11 (3) of the Kerala Land Conservancy Act, proposing to evict them from the land mentioned in the said notice. It is also their case that, there was no circumstances justifying the emergency provisions contained in Section 11 (3) and for that reasons the proposal is illegal. 2. I heard the learned counsel appearing for the petitioners and the learned Government Pleader. In the light of the contentions raised and taking note of the facts placed, I am inclined to think that the petitioner's are justified in their contentions that the invocation of emergency provisions contained in Section 11 (3) is illegal. 3. Therefore I dispose of this writ petition directing that it will be open to the petitioners to file their objections before the first respondent in response to Exts. P14 to P17. This shall be done within 10 days from today. It is directed that if the W.P(C) No. 26045 of 2011 2 petitioners make representation as above the first respondent shall issue notices to them, hear them and pass orders. This shall be done without any further delay. In the meanwhile further proceedings based on Exhibits P14 to P17 will be kept in abeyance. Petitioners' shall produce a copy of this judgment along with a copy the writ petition before the first respondent for compliance. Sd/- ANTONY DOMINIC, JUDGE. Rkc //True copy// PA to Judge