IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4762 of 2010(U) ------------------------- PETITIONER(S): --------------- 1. S.K.VIJAYAN, S/O. KOCHUKUNJU, AGED 52 YEARS, SASTHAVILASOM HOUSE, PALLIVASAL POST,IDUKKI 2. RADHA VIJAYAN, W/O.VIJAYAN, AGED 49 YEARS, SASTHAVILASOM,2ND MILE, PALLIVASAL PO., IDUKKI. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. REVENUE DIVISIONAL OFFICER, DEVIKULAM. 3. TAHSILDAR,TALUK OFFICE,DEVIKULAM, IDUKKI. 4. VILLAGE OFFICER, PALLIVASAL VILLAGE, DEVIKULAM, IDUKKI. GOVERNMENT PLEADER, SHRI SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4762/2010-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of February, 2010 J U D G M E N T The petitioners have filed this writ petition aggrieved by Ext.P7 notice issued under Rule 13A of Kerala Land Conservancy Rules whereby they are asked to remove the illegal construction made on Government land. The details of the property in the occupation of the petitioners and the construction made therein are mentioned in Ext.P7. It is mainly contended that Ext.P7 has been passed without any notice to them. 2. The learned Government Pleader on instructions submitted that actually, Ext.P5 stop memo was issued to them and thereafter, they had given a reply as per Ext.P6. Infact, the petitioners had approached this Court earlier by filing W.P.(C).No.26305/2009, seeking for a direction to assign an extent of 2 cents of land wherein they had put up the building, which was dismissed on 14/12/2009. It is therefore, submitted that Ext.P7 is a consequential proceedings issued after the dismissal of the said writ petition. The learned Government Pleader also brought to the notice of this Court the findings in Ext.P9 Judgment. W.P.(C). No.4762/2010 -:2:- 3. The learned counsel for the petitioners submitted that the petitioners have already filed a writ appeal against the said Judgment. 4. Ext.P7 is issued by invoking Rule 13A of the Kerala Land Conservancy Rules under Form 'CC'. Under the above Rule, the Collector has got powers to order summary eviction from any Government land. But, in the facts of this case, it is evident that the petitioners are seeking assignment of the very same land and, therefore, the persons herein ought to have been granted personal hearing before passing Ext.P7 order by the Tahsildar even though the learned Government Pleader submitted that the conduct of the petitioners as noticed by Ext.P9 Judgment will show that the petitioners are not entitled for such a discretionary relief. 5. By the present notice, they are asked to remove certain constructions made by them in Government land. It is not one evidently preceded by an order passed by the authority concerned after considering the objections of the petitioners. Therefore, it is only proper that the Tahsildar passes a speaking order after hearing the petitioners and after affording them an opportunity of hearing and for producing various materials. Therefore, Ext.P7 is quashed. There will be a direction to the third W.P.(C). No.4762/2010 -:3:- respondent to provide an opportunity to the petitioners to produce various materials also in support of their pleas. The petitioners will appear before the Tahsildar on 25/02/2010 at 3 p.m.. If the petitioners want to produce any materials, they will have to produce it before the said date. Appropriate orders will be passed after hearing the petitioners as expeditiously as possible. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms