IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 20690 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. KOCHU MAMMEN @ BENNY KOCHU MAMMEN, S/O.MATHUNNI KOCHU MAMMEN,KANDANKERIL(H)MANTHUKA P.O.KULANADA,KULANAD VILLAGE,KOZHENCHERY TALUK PTA DIST.REP.BY P/A.HOLDER K.V.MAMMAN, MULLASSERI (H)] MANTHUKA P.O. KULANADA, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. 2. JESSY MARY BENNY W/O. BENNY KOCHU MAMMEN KANDANKERIL (H) MANTHUKA P.O. KULANADA, KULANADA VILLAGE, KOZHENCHERY TAUK, PATHANAMTHITTA DIST. REP.BY P/A.HOLER K.V.MAMMAN,MULLASSERIL (H) MANTHUKA P.O.KULANADA, KULANADA VILLAGE, KOZHENCHERY TALUK,PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.P.RAMNATH SRI.P.RAJESH(KOTTAKKAL) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE IDUKKI. 2. THE TAHSILDAR, UDUMBANCHOLA TALUK, TALUK OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT. 3. THE VILLAGE OFFICER, CHINNAKANAL VILLAGE UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY SRI. SREEKRISHNAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 20690 of 2009 -------------------------- Dated this the 23rd July,2009 J U D G M E N T Petitioners claims to be the owners in possession of an extent of 1.2823 hectares of land and another extent of 1.3885 hectares of land. Both properties are lying contiguously and situate in Chinnakanal Village in Udumbanchola Taluk. They claim title to the property mentioned in Exts. P3 and P7. According to them, they have put up a house in the property. They are aggrieved by the steps taken by the respondents to treat their land as Government property, as evidenced by Ext.P14 which is a notice issued under Section 12 of the Kerala Land Conservancy Act. It is pointed out that both the petitiners are staying abroad. They are represented by their power of attorney holder. Petitiners are husband and wife. It is apprehended that they might be evicted without further enquiry. W.P ( C) No. 20690 of 2009 2 2. Learned Senior Government Pleader appearing on behal of respondents submits that petitioners will be given notice and enquiry will be conducted before further steps are taken under the Land Conservancy Act. 3. Accordingly, respondents, if desirous of taking proceedings against the petitiners in respect of the land covered by Exts P3 and P7 shall issue notice to the Power of Attorney Holder of the petitioners and shall grant at least 15 days time to file objections thereto. Enquiry shall be conducted and reasoned order shall be passed before taking any coercive action against the petitioners in respect of the land mentioned in Ext.P14 covered by Exts.P3 and P7. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 20690 of 2009 3 W.P ( C) No. 20690 of 2009 4