IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 17703 of 2008(G) -------------------------- PETITIONER: ------------ 1. R.SOMASUNDARAN, S/O.LATE T.RAVUNNI NAIR, THEKKEDATH HOUSE, VELLIKULAM ROAD, KODAKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. 2. R.SUMATHY, D/O.R.SOMASUNDARAN, S/O.LATE T.RAVUNNI NAIR, THEKKEDATH HOUSE, VELLIKULAM ROAD, KODAKARA VILLAGE, MUKUNDAPURAM TALUK - THRISSUR. 3. R.USHA, D/O.R.SOMASUNDARAN, S/O.LATE T.RAVUNNI NAIR, THEKKEDATH HOUSE, VELLIKULAM ROAD, KODAKARA VILLAGE, MUKUNDAPURAM TALUK - THRISSUR. 4. R.SURESHBABU, S/O.R.SOMASUNDARAN, S/O.LATE T.RAVUNNI NAIR, THEKKEDATH HOUSE, VELLIKULAM ROAD, KODAKARA VILLAGE, MUKUNDAPURAM TALUK - THRISSUR. 5. C.R.NANDANAN, CHERAKKAL HOUSE, VELLIKULAM ROAD, KODAKARA VILLAGE, MUKUNDAPURAM TALUK - THRISSUR. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, THRISSUR. 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD, IRINJALAKUDA SUB DIVISION, PUTHUKKAD P.O., THRISSUR. 3. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, AYYANTHOLE, THRISSUR. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GP.SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 17703 OF 2008 = = = = = = = = = = = = = Dated this the 13th day of June, 2008. J U D G M E N T Petitioners are aggrieved by Ext.P4 notice issued to the 1st petitioner and similar notices issued to other petitioners which are produced as Ext.P7 to P10 along with I.A.7466/08, which are notices issued under the Kerala Land Conservancy Act and Rules, directing the petitioners to vacate the properties mentioned in those notices. According to the petitioners, the land in question belong absolutely to the petitioners and the Government has no right over the same. That being so, according to them, the Kerala Land conservancy Act and Rules do not apply to the land in question. They have another contention that the above notices were issued directing them to vacate the properties without any prior notice or hearing. 2. I have heard the learned Government Pleader also. 3. Exts.P4 and P7 to P10 does not on its face appear that the same has been issued after a notice and hearing to the petitioners. That being so, I am of opinion that the same cannot be implemented, without first passing fresh orders after hearing the petitioners. W.P.(C).No. 17703 OF 2008 2 4. Accordingly, this writ petition is disposed of as follows: The 2nd respondent shall treat Exts.P4 and P7 to P10 as show cause notices directing the petitioners to show cause as to why the petitioners should not be evicted from the properties in question. The petitioners have already filed their objections to the same, which is Ext.P5. Now the 2nd respondent shall afford an opportunity of being heard to the petitioners which shall include opportunity of adduce evidence also and pass a final order as contemplated order under the Kerala Land Conservancy Act and Rules. The order to be passed shall be a reasoned order considering all the contentions of the petitioners. Till after two weeks from the date of communication of the orders to the petitioners, petitioners shall not be forcibly evicted from the property in question. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 2nd respondent for compliance. S.SIRI JAGAN, JUDGE bkn/-