IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 14358 of 2008(H) -------------------------- PETITIONER: ------------ PREETHA S,W/O.AJITHKUMAR,AGED 36, DEEPU VIHAR,KALLELIBHAGAM,KARUNAGAPPALLY, QUILON DISTRICT,PIN-690 546. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) RESPONDENTS: ------------- 1. STATE OF KERALA REP.BY THE SECRETARY, PUBLIC WORKS DEPARTMENT,GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,KOLLAM. 3. THE TAHSILDAR,TALUK OFFICE, KARUNAGAPPALLY. 4. VILLAGE OFFICER,VILLAGE OFFICE, KALLELI BHAGAM,KARUNAGAPPALLY. 5. ASSISTANT ENGINEER,PUBLIC WORKS DEPARTMENT ROADS SECTION,KARUNAGAPPALLY. BY G.P. SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.14358 of 2008 ================== Dated this the 17th day of June, 2008 J U D G M E N T The petitioner is challenging Ext.P12 order passed by the 3rd respondent under the Kerala Land Conservancy Act and Rules. The petitioner, inter alia, contends that Ext.P12 is bad for non- compliance of the principles of natural justice in so far as Ext.P12 was not preceded by a notice or hearing as required under the Kerala Land Conservancy Act and Rules. 2. The learned Government Pleader appearing for the respondents could not satisfy me that Ext.P12 order was preceded by a notice or hearing. 3. In the above circumstances, I am of opinion that Ext.P12 has been issued in violation of the principles of natural justice. However, if Ext.P12 is treated as a notice, it may not be necessary to quash the same. Accordingly, the writ petition is disposed of with the following directions: The 3rd respondent shall treat Ext.P12 as a show cause notice and afford the petitioner an opportunity to file objections w.p.c.14358/08 2 to the same and opportunity of being heard, which shall include opportunity to adduce evidence also. Until after two weeks after communication of a considered order dealing with each and every contention of the the petitioner, to the petitioner, the interim order passed by this Court shall continue to be in force. The petitioner shall file his objections to Ext.P12 within two weeks. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge