IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 31071 of 2008(Y) -------------------------- PETITIONER(S): --------------- P. NARAYANAN, S/O. KRISHNAN, PARAKKOTTIL HOUSE, ANGADIPPURAM, MANAGING PARTNER, 'SABRINA' HOTEL, PREINTALMANNA. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM 2. THE REVENUE DIVISIONAL OFFICER, PERINTALMANNA. 3. THE TASHILDAR, PERINTALMANNA. 4. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS) PETINTALMANNA, MALAPPURAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31071/2008 -------------------- Dated this the 27th day of November, 2008 JUDGMENT Petitioner took on lease an extent of 2 cents of land in Survey No.92/2 situated in front of his hotel and adjacent to a registered holding which he had acquired along with his brother, as early as in the year 1972. Thereafter, in the year 1980, the said extent of land, it seems, was required by the petitioner for his beneficial enjoyment and the lease granted by the District Collector has been extended from 2005 upto 2006. Petitioner submitted an application for renewal of the same and has been continuing in possession, as a lessee. Writ petition has been filed seeking a direction to the District Collector to pass orders on the application for renewal and challenging Ext.P5 proceedings issued by the Assistant Executive Engineer of the Public Works Department seeking the petitioner's eviction. 2. Counter affidavit has been filed on behalf of respondents 1 to 3 and reference is made thereon to an W.P.(C).31071/2008 2 order passed by the District Collector, rejecting the petitioner's application for renewal of the lease. Paragraph 3 of the counter affidavit reads as follows:- “Being the part of the further actions, Village Officer, Perinthalmanna was directed to book an encroachment case against the petitioner under the provisions of KLC Act, 1957. On receipt of the details from the Village Officer, Tahsildar, Perinthalmanna had served a notice in Form B under the provisions of KLC Rules, 1958 to the petitioner for a hearing held on 17.1.2008. The petitioner was heard and informed that the lease could not be renewed since the dissent raised by the PWD authorities. Moreover, all the facts had been intimated the petitioner in writing vide B2-5779/04 dated 25.3.2008 of Tahsildar, Perintalmanna. True copy of the communication dated 25.3.2008 issued by the Additional Tahsildar, Perinthalmanna to the petitioner is produced herewith and marked as Ext.R1(a). Simultaneously, Tahsildar as well as Revenue Divisional W.P.(C).31071/2008 3 Officer, Perinthalmanna submitted proposals to cancel the lease due to the reasons mentioned above. Pursuant to Ext.R1(a), the District Collector, Malappuram has also issued a proceedings on 25.4.2008 cancelling the lease granted to the petitioner as well as others. According to the proposals, the lease in question had been cancelled vide this office proceedings of even No.dated 25.4.2008 with a direction to the PWD authorities to evict the encroachment and the land to be resumed. True copy of the proceedings dated 25.4.2008 is produced herewith and marked as Ext.R1(b). It is submitted that the petitioner has deliberately suppressed all these facts before this Honourable Court. The impugned proceedings are issued only after hearing the petitioner as well. 3. In these circumstances, writ petition is disposed of permitting the petitioner, if he is so advised, to take appropriate steps in relation to Ext.R1(b). It is made clear that if the petitioner prefers an appeal against W.P.(C).31071/2008 4 Ext.R1(b) within one month from today, it shall be treated as presented within time and appropriate action be taken thereon by the appellate authority. Further proceedings pursuant to Ext.P5 shall be kept in abeyance for a period of four weeks from today. V.GIRI, Judge mrcs