IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 19409 of 2011(A) -------------------------- PETITIONER(S) :- ------------------------- 1. M.L.ANTONY, AGED 74 YEARS, S/O.LONAPPAN, MAPRANATHUKARAN HOUSE, CHENGALLOOR P.O.,THRISSUR. 2. T.L.JOSE, AGED 59 YEARS, S/O.LONAPPAN, THRISSOKKARAN HOUSE, CHENGALLOOR P.O., THRISSUR. 3. V.L.RAPPAI, AGED 75 YEARS, S/O.LONAPPAN, VENNATTUPARAMBIL HOUSE, CHENGALLOOR P.O., THRISSUR. BY ADV. SRI.P.DEEPAK RESPONDENT(S) :- --------------------------- THE ASSISTANT EXECUTIVE ENGINEER, (PWD) ROADS SUB DIVISION, IRINJALAKUDA-680121. SR. GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.19409 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the land tax receipt issued to the 1st petitioner dated 11/7/2011. Ext.P1(a) :- Copy of the land tax receipt issued to the 2nd petitioner dated 16/4/2010. Ext.P1(b) :- Copy of the land tax receipt issued to the 1st petitioner dated 8/7/2011. Ext.P2 :- Copy of the Form 'CC'. Ext.P3 :- Copy of the notice dated 29/6/2011 issued to the 1st petitioner. Ext.P3(a) :- Copy of the notice dated 29/6/2011 issued to the 2nd petitioner. Ext.P3(b) :- Copy of the notice dated 29/6/2011 issued to the 3rd petitioner. Ext.P4 :- Copy of the judgment dated 8/6/2010 in WPC No.6000/2010. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.19409 of 2011 ------------------------------------ Dated this the 18th day of July 2011 J U D G M E N T Petitioners have approached this Court with the following prayer :- “Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Exhibits P3, P3(a) and P3(b) and quash the same.” Petitioners are stated as aggrieved by Ext.P3 series of notices issued under Rule 13A of the Kerala Land Conservancy Rules, 1958, whereby the petitioners have been directed to surrender the property forthwith. The learned counsel for the petitioners submits that, the said proceedings have no valid existence in the eye of law, as the statutory requirements, as to issuance of notice under Sec.12 of the Kerala Land Conservancy Act has not been complied with. 2. Heard the learned Government Pleader as well. W.P.(C) No.19409 of 2011 -: 2 :- 3. Considering the facts and circumstances, this Court finds that the respondent is bound to issue a proper notice under Sec.12 of the Act, before proceeding with further steps. However, the learned Government Pleader submits that, Ext.P3 series can be treated as notice under Sec.12 of the Act, with liberty to the petitioners to file statement of objections, which will be considered before finalising the proceedings. The above submission is recorded. 4. Accordingly, the writ petition is disposed of, directing the respondent to treat Ext.P3 series proceedings as notice under Sec.12 of the Act and petitioners shall submit statement of objections, if any, within two weeks from the date of receipt of a copy of this judgment. On submitting the objections as above, the proceeding shall be considered and finalized in accordance with law, passing appropriate orders after affording an opportunity of being heard to the petitioners, as expeditiously as possible; at any W.P.(C) No.19409 of 2011 -: 3 :- rate within two months from the date of receipt of the objections as aforesaid. Coercive steps, if any, shall be kept in abeyance till such period. Petitioners shall produce a copy of this judgment along with a copy of this writ petition before the respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. Jvt