IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 7286 of 2007(P) -------------------------------- PETITIONER(S): --------------- P.K.SAHADEVAN, AGED 55 YEARS, S/O.KRIHNAN, SAHEENDRA BHAVAN, IKKA NAGAR, MUNNAR, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.M.L.SAJEEVAN SRI.M.N.SANJITH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KATTAPPANA, IDUKKI. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, IDUKKI. 4. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI. 5. THE VILLAGE OFFICER, KANNAN DEVAN HILLS, MUNNAR. ADV.SRI. ANTONY MUKKATH - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: acd WP(C).No. 7286 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE DT 16-08-2000. EXT.P2: COPY OF THAT ORDER OF THE TAHSIDAR, DEVIKULAM DT 15-01-2002. EXT.P3: COPY OF AGREEMENT EXECUTED BETWEEN THE PETITIONER AND SMT. NABEESA DT 01-09-2005. RESPONDENTS' EXHIBITS NIL. TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.7286 OF 2007 ---------------------------------------------- Dated this the 14th day of June, 2011 JUDGMENT The petitioner entered into an agreement for sale in respect of a property comprised of 4 cents assigned in favour of one Smt. Nabeesa under the Kerala Land Assignment Rules. The petitioner has filed this writ petition apprehending that the respondents are taking hasty steps to evict the petitioner from the land on the assumption that the petitioner is an encroacher without complying with the provisions of the Kerala Land Conservancy Act. 2. The contention of the learned Government Pleader is that even assuming that the land is the one assigned to Smt. Nabeesa, she could not have validly transferred the same to the petitioner, insofar as that would be against the provisions of the Kerala Land Assignment Rules, there being a lock-in period for alienation of lands assigned under the Kerala Land Assignment Rules and therefore, the petitioner is an encroacher. W.P.(C)No.7286/07 2 3. I am of opinion that even assuming that the petitioner is an encroacher, the Kerala Land Conservancy Act and Rules stipulates a notice and hearing for eviction. In the above circumstances, this writ petition is disposed of with a direction that before evicting the petitioner, the petitioner shall be given a notice and hearing. S. SIRI JAGAN, JUDGE acd W.P.(C)No.7286/07 3