IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25173 of 2010(V) --------------------------------------- PETITIONER(S): ---------------------- M.V.JOHN, AGED 68 YEARS, S/O. VARGHESE, MANNIL HOUSE, THUMPAMON THAZHAM MURI, MEZHUVELI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S SMT.REXY ELIZABETH THOMAS SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, PATHANAMTHITTA. 3. THE TAHSILDAR, KOZHENCHERRY TALUK, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT. 4. THE RE-SURVEY SUPERINTENDENT, KOZHENCHERRY TALUK, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25173 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 J U D G M E N T The petitioner challenges Ext.P7 notice issued under the Land Conservancy Act and Rules whereby the petitioner has been directed to vacate certain properties in the possession of the petitioner on the ground that the same is Government land. The petitioner submits that, petitioner has already obtained Ext.P4 decree from the civil court in respect of that land. Further the petitioner would contend that, petitioner has already submitted an application under Section 13 A of the Kerala Survey and Boundaries Act for fixation of the boundaries and therefore at this point of time the petitioner cannot be evicted from the property in question by resort to proceedings under the Kerala Land Conservancy Act. 2. I have heard the learned Government Pleader also. From Ext.P7, I do not find that, the same was W.P.(C)No.25173 of 2010 -2- preceded by a notice or hearing to the petitioner, which is mandatory under the Act and Rules. Therefore I am inclined to direct respondents to treat Ext.P7 as a show cause notice. Accordingly the writ petition is disposed of with the following directions: The respondents shall treat Ext.P7 as a show cause notice. The petitioner shall file objections to Ext.P7 within a period of two weeks. The 2nd respondent shall thereafter afford an opportunity of being heard to the petitioner, which shall include opportunity to adduce evidence also and pass a final order considering the contentions of the petitioner. Until after two weeks from the date of communication of the order to the petitioner, the petitioner shall not be evicted from the property in question. S. SIRI JAGAN JUDGE shg/