IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 14677 of 2010(H) ---------------------------------- PETITIONER(S): --------------- THEVAN, S/O. KUNJAMBI, AGED 60 YEARS, KANNANKERRY HOUSE, CHITTETHUKARA, KAKKANAD, CEPZ P.O., COCHIN – 682 037. BY ADVS. MR.PEEYUS A.KOTTAM MR.KURIAN JOSEPH (ARAKKUNNAM) RESPONDENT(S): ------------------- 1. STATE OF KEARALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001, REPRESENTED BY THE SECRETARY. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. TALUK SURVEYOR, KANAYANNUR, ERNAKULAM. 4. TRIKKAKKARA GRAMA PANCHAYATH, TRIKKAKKARA, ERNAKULAM, COCHIN – 682021, REPRESENTED BY ITS SECRETARY. 5. SAKKIR HUSSAIN, AGED 47 YEARS, S/O KASSIM, RESIDING AT CHARUVIL, CEPZ PO, KAKKANAD, COCHIN – 682 037. ADV. MR.S.SHANAVAS KHAN FOR R4 MR. P.N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.14677 OF 2010 ------------------------------- Dated this the 7th day of JUNE, 2010 J U D G M E N T The petitioner's grievance in this writ petition is that respondents 3 to 5 are attempting to dispossess the petitioner of his properties by coercive action without complying with the procedure prescribed under law. Naturally, a person, who is in possession of property, can be dispossessed only after complying with the procedure prescribed under law. As far as respondents 1 to 3 are concerned, the learned Government Pleader would submit that they would take action only in accordance with the procedure prescribed under law. 2. I have no doubt that the fourth respondent Panchayat being a statutory authority would not take action against the petitioner without complying with the procedure prescribed under law. In the above circumstances, directing that the petitioner shall be dispossessed of any of his properties only after W.P.(c)No.14677/10 2 complying with the procedure prescribed under law, particularly, the necessity to give a notice and hearing to the petitioner, this writ petition is closed. However, the petitioner cannot prevent respondents 1 to 4 from measuring the properties in order to take further action. S. SIRI JAGAN, JUDGE acd W.P.(c)No.14677/10 3