IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 OP.No. 8875 of 2003(F) -------------------------------- PETITIONERS: --------------------- 1. A.MOHAMMED BASHEER, MAHEEN MANZIL, T.C.35/29, VALLAKADAVU, THIRUVANANTHAPURAM. 2. N.VISWANATHAN NAIR, T.C.24/1367, THYCADU, THIRUVANANTHAPURAM. 3. C.CHANDRAMOHAN, T.C.25/1300, THEKKE THANYRA HOUSE, EAST THAMPANOOR, THIRUVANANTHAPURAM. 4. N.MURALEEDHARAN NAIR, T.C.7/846, CHITTATTINKARA, VATIYOORKAVU P.O. THIRUVANANTHAPURAM. 5. D.SEKHAR, T.C.24/1224, JYOTHIPURAM, THYCAUD, THIRUVANANTHAPURAM. 6. V.SASIKUMAR, T.C.25/1300-2, OPPOSITE ROHINI HOTEL, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR LAND REVENUE THIRUVANANTHAPURAM. OP. NO.8875/2003 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. ADDITIONAL TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 5. VILLAGE OFFICER, THYCAUD VILLAGE, THYCAUD, THIRUVANANTHAPURAM. 6. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. FOR R6 GOVERNMENT PLEADERSRI.NOBLE MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.15475/2003 IN OP. NO.8875/2003 DISMISSED 15.10.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTICE NO.C-22540/01 DT. 11.3.03 ISSUED BY THE 4TH RESPONDENT TO THE IST PETITIONER. P2:- COPY OF THE NOTICE NO.C.22540/01 DT. 11.3.03 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. P3:- COPY OF THE NOTICE NO.C.22540/01 DT. 11.3.03 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. P4:- COPY OF THE NOTICE NO.C.22540/01 DT. 11.3.03 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER. P5:- COPY OF THE NOTICE NO.C.22540/01 DT. 11.3.03 ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER. P6:- COPY OF THE NOTICE NO.C.22540/01 DT. 11.3.03 ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No.8875 of 2003 ----------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner approached this court aggrieved by Exts.P1 to P6 whereby they have been directed to surrender the unauthorised occupation of the Government land. The contention of the petitioners is that the jurisdiction is only with the 6th respondent Corporation. Learned Standing Counsel for the Corporation submits that the Corporation has not issued any licence to the petitioners. However, it is disputed by the petitioners. Be that as it may, there is already an interim order ever since 18-3-2003. There will be a direction to the 3rd respondent to issue fresh notice to the petitioners and the 6th respondent, afford an opportunity for hearing to the petitioners and then pass fresh orders in the matter. This shall be done within a period of three months from the date of receipt of a copy of the judgment. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P. No.8875 of 2003 ----------------------------------- JUDGMENT 15th October, 2008