IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 17654 of 2010(F) ---------------------------------- PETITIONER: --------------- E.SACHITHANDA GOPLAKRISHNAN, S/O.ESWARAMOORTHI KOUNDAR, MEENAKSHIPUIRAM MOOLATHARA VILLAGE, CHITTUR TALUK,PALAKKAD DISTRICT, PIN-678555. BY ADVS. MR.G.HARIHARAN MR.PRAVEEN HARIHARAN. RESPONDENT(S): ------------------ 1. THE VILLAGE OFFICER,MOOLATHARA VILLAGE, VIA MEENAKSHIPUIRAM CHITTUR TALUK. 2. THE ASSISTANT EXCUTIVE ENGINEER, IRRIGATION SUB DIVIDION NO.2.,CHITTUR COLLGE P.O., CHITTUR, PALAKKAD DISTRICT. 3. THE DISTRICT COLLECTOR, PALAKKD. MR. P. NARAYANAN – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.17654 OF 2010 ------------------------------- Dated this the 8th day of JUNE, 2010 J U D G M E N T The petitioner is aggrieved by Exts.P2 and P4 which are stop memos directing the petitioner not to make any construction activities in the subject property on the ground that the same is violative of the Kerala Land Conservancy Act and Rules. 2. I have heard the learned Government Pleader also. 3. I note that one of the contentions raised by the petitioner is that the petitioner was not afforded an opportunity of being heard before passing Exts.P2 and P4 orders. I am of opinion that before taking action under the Kerala Land Conservancy Act and Rules the procedure prescribed under the Act and Rules, have to be taken. I am also of opinion that after having issued a stop memo, the second respondent is bound to pass final orders which should also be after notice to the petitioner affording him an opportunity of being heard. In the above circumstances, the writ petition is disposed of with the following directions: W.P.(c)No.17654/10 2 Exts.P2 and P4 shall be treated as show cause notice issued to the petitioner under the Land Conservancy Act and Rules. The petitioner may file objections to the same within two weeks from today. Thereupon the second respondent shall post the matter for hearing to a specific date, on which date the petitioner shall produce all evidence in support of his contentions. The 2nd respondent shall hear the petitioner including on the evidence so produced and pass a final order as contemplated under the Kerala Land Conservancy Act and Rules giving reasons as to why the contentions of the petitioner cannot be accepted. Until after two weeks of service of the order on the petitioner, the petitioner shall not be dispossessed from the property. However, the petitioner shall keep status quo in respect of the property as on today till orders are passed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.17654/10 3 W.P.(c)No.17654/10 4