IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4339 of 2010(N) ------------------------- PETITIONER(S): --------------- SHRI. K.N.MOHANAN, S/O.NARAYANAN AGED 48 YEARS, KANJIRATHINGAL HOUSE CHINNAKANAL PO, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR IDUKKI DISTRICT, IDUKKI. 3. TAHSILDAR,UDUMBANCHOLA TALUK TALUK OFFICE, NEDUMKANDOM, IDUKKI DISTRICT. 4. THE VILLAGE OFFICER CHINNAKANAL VILLAGE, CHINNAKANAL, IDUKKI DISTRICT. 5. THE SUB INSPECTOR OF POLICE SANTHANPARA POLICE STATION, IDUKKI DISTRICT. SPECIAL GOVERNMENT PLEADER, SHRI SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4339/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T Petitioner seeks for a direction to respondent Nos.1 to 3 to conduct statutory enquiries about the tenure of the property held by the petitioner in accordance with law after notice to the petitioner. According to the petitioner, as per Ext.P13, the fourth and fifth respondents are trying to effect summary eviction without giving any notice and hearing the parties. 2. Ext.P13 is only a communication issued by the Udumpanchola Tahsildar addressed to the Sub Inspector of Police, Santhanpara. That was issued on the basis of the report of the Village Officer, Chinnakkanal Village. It only evidences the fact that the Tahsildar has reported about the illegal encroachments which are punishable under the provisions of the Kerala Land Conservancy Act, 1957 as amended in 2009. True that the petitioner's name also finds a place in the list of encroachers in Ext.P13. 3. The learned Government Pleader submitted that any action for eviction will be taken only in terms of the Kerala Land Conservancy Act, 1957 as amended by Act 2009. 4. Going by Ext.P13, the property in question is leased out to the Hindustan Newsprint Limited from Forest W.P.(C). No.4339/2010 -:2:- Department and the petitioner and others have encroached upon various portions of the property. 5. It is made clear that the proceedings for eviction will be done in accordance with the Kerala Land Conservancy Act, 1957 and the amended Act, and the petitioner will be given due opportunity to defend his case and he can also challenge it, ultimately, if the orders are adverse to him. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms