IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 16368 of 2011(U) --------------------------------------- PETITIONER(S): ----------------------- SUBRAMANIAN. R @ R.S. MANI, AGED 65 YEARS, S/O.RAMAKRISHNAN (LATE), RESIDING AT SIX ROOMS LANE, GRAHAMS LAND ROAD, KDH VILLAGE, MUNNAR, DEVIKULAM TALUK, IDUKKI. BY ADV. SRI.M.N.SANJITH, SRI.JAISON JOSEPH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, IDUKKI-685 103. 3. TAHASILDAR, DEVIKULAM, TALUK OFFICE, DEVIKULAM-685 613. 4. ADDITIONAL TAHASILDAR, DEVIKULAM, TALUK OFFICE, DEVIKULAM-685 613. 5. VILLAGE OFFICER, KDH VILLAGE, DEVIKULAM, MUNNAR-685 612. R1 TO R5 BY GOVT. PLEADER SMT.RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16368 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESIDENTIAL CUM OWNERSHIP CERTIFICATE ISSUED BY THE PANCHAYATH BEARING NO.A.3-192/187 DATED 03/02/1993. EXT.P2: COPY OF THE RESIDENTIAL CUM OWNERSHIP CERTIFICATE ISSUED BY THE PANCHAYATH BEARING NO.A.3-10/02 FOR THE PERIOD 1997-98 TO 2001-02 DATED 01/09/2003. EXT.P3: COPY OF THE TAX RECEIPTS ISSUED BY THE MUNNAR PANCHAYATH FOR THE PERIOD 1997-98-2000-01 BEARING NO.28 DATED 13/03/2001. EXT.P4: COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE BEARING NO.47 DATED 16/01/2002. EXT.P5 SERIES: COPY OF THE RECEIPT NO.42 FOR THE PERIOD 2003-04 DATED 01/09/2003, NO.19 FOR THE PERIOD 2006-08 DATED 01/01/2008, NO.10 FOR THE PERIOD 2008-10 DATED 12/11/2010, NO.11 FOR THE PERIOD 2010-11 DATED 12/11/2010. EXT.P6: COPY OF THE APPLICATION TO REFER ASSIGNMENT APPLICATION TO ADALAT DATED 30/11/2005. EXT.P7: COPY OF THE BUILDING MODIFICATION PERMIT FOR THE BUILDING NO.MGP IX/1157 (NEW NO.X/983) BEARING NO.A3-4795/10 DATED 21/07/2010. EXT.P8: COPY OF THE JUDGMENT IN WP(C) NO. 34733 OF 2010 OF THIS HONOURABLE COURT DATED 30/11/2010. EXT.P9: COPY OF THE NOTICE ISSUED BY RESPONDENT NO.3 BEARING NO.C1- 13954/2010 (LC 06/2011) DATED 08/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 16368 OF 2011 (U) ===================== Dated this the 4th day of July, 2011 J U D G M E N T Petitioner challenges Ext.P9, a notice issued under Rule 13A of the Kerala Land Conservancy Rules. The contention raised by the learned counsel for the petitioner is that invocation of the power under Rule 13 A is illegal. 2. I heard the learned Government Pleader, who on instruction submits that the petitioner is in occupation of a puramboke land and that he has made certain unauthorised constructions. It is stated that in the past, several stop memos were issued, but however, constructions were continued. 3. Rule 13 A provides that notwithstanding the provisions in the Land Conservancy Rules where the Collector is of opinion that it is expedient in the public interest to remove an unauthorised occupation, he may, after recording reasons therefor, serve notice in form 'CC' on the person in occupation directing him to vacate the land within the period specified therein. Rule also enables that, if in the event of non compliance, Collector can enter upon the land and take possession of the WPC No. 16368/11 :2 : same, if necessary by using such force as the circumstances of the case may justify. 4. Rule 13A of the Rule therefore confers power on the Collector to evict encroachments, but such power can be exercised only after recording reasons thereof. Such reasons are not stated in Ext.P9. Therefore, for that reason, I do not find any justification for invoking the emergency power conferred under Rule 13A. 5. In that view of the matter, I direct that, it will be open to the petitioner to file his objection to the proposal contained in Ext.P9 notice referred to above. It is directed that the petitioner shall file his objection to Ext.P9 within two weeks from today to the 4th respondent. Once objection is filed as above, the 4th respondent will hear the petitioner and pass orders thereon. Thereafter, it will be open to the 3rd respondent to proceed against the petitioner, if the circumstances justify the same. It is directed that until the aforesaid process is complete, status quo order passed by this court will remain in force. WPC No. 16368/11 :3 : 6. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 4th respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp