IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29312 of 2008(M) ----------------------------------------- PETITIONERS: ---------------------- 1. V.V.ANTONY, AGED 58 YEARS, S/O VAREED, VATTEKKADAN HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT , PIN 683 574. 2. POULO OUSEPH @ V.O. POULOSE, AGED 76 YEARS, S/O OUSEPH, VARAYILAN HOUSE , NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. 3. OUSEPH DEVASSY, AGED 78 YEARS, S/O OUSEPH, KEENANCHERRY HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT,-PIN 683 574. 4. DEVASSY, AGED 60 YEARS, S/O VAREED, KENANCHERRY HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. 5. ANDROUSE PAUL, AGED 52 YEARS, S/O M.C. POULOSE, MANAVALAN HOUSE, NADUVATTOM P.O. KALADY VIA, ERNAKULAM DISTRICT PIN 683 574. 6. GRACY PAUL, AGED 62 YEARS, W/O PAUL P. MANJOORAN, MANJOORAN HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574,. 7. OUSEPH VAREED, AGED 80 YEARS, S/O OUSEPH, MEENACHERRY HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. 8. POULOSE K.P. AGED 39 YEARS, S/O PAPPACHAN,KEENACHERRY HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. Kss ..2/- ...2...... WPC.NO.29312/2008 M 9. DEVASSY ANTONY, AGED 48 YEARS, S/O DEVASSY, KEENACHERRY HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. 10. V.V. VARGHESE, AGED 48 YEARS, S/O VAREED, VATTEKKADAN HOUSE, NADUVATTOM P.O.,KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. 11. K.S. BABU, AGED 43 YEARS, S/O SEBASTIAN, KALLILAN HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 68 574. 12. VARGHESE V.O, AGED 68 YEARS, S/O VARGHESE, VARAYILAN HOUSE, NADUVATTOM P.O., KALADY VIA, ERNAKULAM DISTRICT, PIN 683 574. BY ADV. SRI.M.M.ABDUL AZIZ (SR.) SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT: ----------------------- ASSISTANT EXECUTIVE ENGINEER, (ROADS DIVISION), PWD ALUVA. GOVERNMENT PLEADER SMT. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).29312/2008 -------------------- Dated this the 6th day of October, 2008 JUDGMENT Petitioners are aggrieved by Exts.P30 to P41 notices issued by the respondent, Assistant Executive Engineer, under the provisions of the Kerala Land Conservancy Act. According to the petitioners, they are in lawful occupation of the property scheduled in each of the proceedings for number of years and some of them had paid basic tax also. They have constructed buildings in the said property and property tax has been remitted in respect of such buildings. They cannot be considered as encroachers, it is contended. 2. I heard learned counsel for the petitioners and learned Government Pleader also. 3. In the result, writ petition is disposed of in the following manner. W.P.(C).29312/2008 2 4. If the petitioners prefer appeals against Exts.P30 to P41 before the Revenue Divisional Officer, Fort Kochi, within a period of three weeks from today, same shall be entertained as within time and appropriate orders shall be passed on the appeals, in accordance with law, within a period of four months from the date on which appeals are received. Further proceedings pursuant to Exts.P30 to P41 shall be kept in abeyance for a period of six weeks from today, which shall thereafter abide by the orders to be passed by the RDO in the applications for stay which may be moved by the petitioners in that regard. V.GIRI, Judge mrcs