IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22580 of 2011(V) -------------------------- PETITIONER(S): --------------- RASSAL.K.T, S/O.K.A.THOMAS, KALAPURAKKAL HOUSE, VADAMA VILLAGE, MALA DESOM, THRISSUR-680 732. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): --------------- 1. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD SUB DIVISION, KODUNGALLOOR-680 664. 2. ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, PWD ROAD SECTION, MALA, THRISSUR-680 732. 3. DISTRICT COLLECTOR, THRISSUR, AYYANTHOLE, THRISSUR-680 003. BY SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.22580/11 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE HOUSE AND BOUNDARY WALL. P2 COPY OF THE SALE DEED DT 4.4.86. P3 COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DT 30.12.1994. P4 COPY OF THE POSSESSION CERTIFICATE DT 21.12.94. P5 COPY OF THE TAX RECEIPT DT 24.9.10. P6 COPY OF THE NOTICE DT 18.6.10. P7 COPY OF THE NOTICE DT 9.9.10. P8 COPY OF THE OBJECTION DT 13.9.10. P9 COPY OF THE POSTAL ACKNOWLEDGMENT CARD. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22580 of 2011 V ``````````````````````````````````````````````````````````` Dated this the 19th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The grievance in the writ petition is against Ext.P7 notice issued to the petitioner's father by the first respondent invoking the power under Rule 13A of the Kerala Land Conservancy Rules, requiring to remove an allegedly unauthorised construction within seven days. The notice is dated 09.09.2010. On receipt of the notice, petitioner's father filed Ext.P8 objection. His father is no more. According to the petitioner, without conducting any enquiry as sought for in the objection filed, steps are now being taken to demolish the structure mentioned in Ext.P7. It is with this complaint, the writ petition is filed. 2. Rule 13A of the Kerala Land Conservancy Rules talks about the issuance of notice as Ext.P7 and the invocation of such power is called for only in emergent situations. The fact that there is no such emergency in this W.P.(C) No.22580/2011 : 2 : case is obvious from the conduct of the respondents, in as much as though the respondents have issued Ext.P7 as early as on 09.09.2010, nothing further has been done so far. Therefore, I am unable to take the view that this is a case where Rule 13A could have been legitimately invoked. 3. Be that as it may, now that Ext.P8 objection has not been dealt with so far, it is directed that on the production of a copy of this judgment, the first respondent will consider Ext.P8 objection with notice to the parties, pass orders thereon and communicate the same to the parties concerned. It is directed that until then, further proceedings pursuant to Ext.P7 shall be kept in abeyance. Petitioner shall produce a copy of this judgment and writ petition before the first respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/19/08 // True Copy // P.A. To Judge