IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26487 of 2008(C) -------------------------- PETITIONER: ------------ 1. LEELAMMA, AGED 56 YEARS, W/O JOSE, MENOTH HOUSE, KALAMASSERY SOUTH, CHANGAMPUZHA NAGAR P.O., 2. DAISY, W/O JAMES, MENOTH HOUSE, WEST CHALAKUDY THRISUR DISTRICT. 3. ALPHONSA DAVIS, W/O DAVIS PALAMATTATH KUTTIYIL HOUSE, WEST CHALAKUDY. BY ADV. SRI.RENJITH THAMPAN RESPONDENTS: ------------- 1. THE SPECIAL TAHSILDAR, SREE KOODALMANIKYAM DEVASWAM, IRINJALAKUDA. 2. KOODALMANIKYAM DEVASWAM, IRINJALAKUDA, REPRESENTED BY ITS ADMINISTRATOR. BY SHRI.VIJAYAN MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26487 of 2008 ================== Dated this the 3rd day of September, 2008 J U D G M E N T The petitioners are aggrieved by Ext.P4 show cause notice issued by the 1st respondent under the provisions of the Kerala Land Conservancy Act. The petitioners' contention is that the property in question belongs absolutely to the petitioners and therefore, there is no occasion for invoking the provisions of the Kerala Land Conservancy Act and Rules. I am not inclined to entertain this writ petition at this point of time since Ext.P4 is only a show cause notice directing the petitioners to show cause why the petitioners should not be evicted from the property in question. The petitioners are perfectly free to raise all their contentions in the objections to be filed pursuant to Ext.P4 and prove their contentions before the 1st respondent by producing appropriate evidence in support of their case. 2. I have heard the learned Government Pleader also. 3. Having heard both sides, I dispose of this writ petition with the following directions: w.p.c.26487/08 2 The petitioners shall file their objections to Ext.P4 within two weeks from today. On receipt of the same, the 1st respondent shall afford an opportunity of being heard to the petitioners, which shall include opportunity to adduce evidence also. Thereafter, the 1st respondent shall pass a reasoned order considering all the contentions of the petitioners based on the evidence to be produced by the petitioners. Till after two weeks of service of orders to be passed on the petitioners, the petitioners shall not be evicted from the property in question. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge