IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 16982 of 2008(V) ----------------------------------- PETITIONER : ---------------- HAJEE ESSA SALAY MOHAMMED TRUST, MIG NO. 6, FORT NAGAR, KOCHI-1 REP. BY ITS TRUSTEE E. ABDUL HAMEED SAIT. BY ADV. SMT.R.RANJINI SRI.S.RENJITH RESPONDENTS : ------------------- 1. THE TAHSILDAR, TALUK OFFICE, KOCHI. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD. 3. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 16982 of 2008 ------------------------------------ Dated this the 19th day of January, 2009 JUDGMENT The prayer sought in this writ petition is to quash Exhibits P8 and P9. By Exhibit P8, the petitioner was called upon to pay Rs. 2,97,978/- and by Exhibit P9, lease for the period 1995-2007 was quantified and the first respondent was authorised to take action for recovering the same. By these proceedings proposal was also made for taking steps for getting the land held under lease vacated. 2. When the matter came up before this court on 6/6/2008, the case was adjourned with a direction to the learned Government Pleader to obtain instruction as to whether Exhibits P8 and P9 were preceded by any notice and whether the petitioners were heard. 3. Learned Government pleader today submits that notice was not given to the petitioner. If that be so, on that ground Exhibits P8 and P9 deserves to be set aside. 4. Accordingly, Exhibits P8 and P9 will stand set aside, W.P.(C) No. 16982/ 2008 2 and the writ petition is disposed of clarifying that it will be open to the respondent to take fresh action against the petitioner with notice to them. ANTONY DOMINIC, JUDGE scm