IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16750 of 2008(R) -------------------------- PETITIONER: ------------ SANTHOSH VARGHESE, S/O.VARGHESE, SANTHOSH BHAVAN, MUZHATHANGY, VILAKKUPARA P.O., KOLLAM DISTRICT. REPRESENTED BY HIS P/AT. HOLDER MR.LALU VARGHESE, S/O.VARGHESE, SANTHOSH BHAVAN, MUZHATHANGY, VILAKKUPARA P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN SMT. MINI.S.DAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE ADDITIONAL TAHSILDAR, KOTTARAKKARA. 5. SRI.R.GOPALAKRISHNA PILLAI, SREERANGAM, CHADAYAMANGALAM, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. 6. SRI.D.SANTHOSH, PUTHENVILA VEEDU, AKONAM, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. BY GP. SRI. I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 16750 OF 2008 = = = = = = = = = = = = = Dated this the 5th day of June, 2008. J U D G M E N T The petitioner challenges Ext.P3 order issued under the Kerala Land Conservancy Act and Rules, whereby the petitioner was directed to vacate the property in his possession, on the ground that the same is a Government land, which is urgently needed for a public purpose. According to the petitioner, the property belongs absolutely to him and therefore proceedings themselves are without jurisdiction. Petitioner further submits that Ext.P3 was not proceeded by a notice of hearing and therefore the same violates the principles of natural justice. 2. From Ext.P3 itself, it is clear that the same was not preceded by a notice or hearing in the matter. Therefore, prima facie, the same is liable to be quashed for violation of principles of natural justice. However, I think that if Ext.P2 is treated as a notice, it may not be necessary to quash the same as such. Accordingly, this writ petition is disposed of with the following directions: W.P.(C).No. 16750 OF 2008 2 4th respondent shall treat Ext.P3 as a notice to show cause under the Kerala Land Conservancy Act and Rules, directing the petitioner to show cause why proceedings under the Act should not be taken against him in respect of the properties mentioned therein. The petitioner shall file his objections within two weeks from today. The 4th respondent shall afford the petitioner an opportunity of being heard, which shall include opportunity to adduce evidence also and pass a considered order dealing with the contentions of the petitioner, as expeditiously as possible. Till two weeks after communicating the order to the petitioner, the petitioner shall not be evicted from the property in question. S.SIRI JAGAN, JUDGE bkn/-