IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 15846 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. KHADER PILLAI, S/O.AHAMED, RESIDING AT ELAVAKKATTUKUNNEL, THRIKKAKARA P.O., VAZHAKKALA. 2. M.K.PAREETH PILLAI, S/O.KHADER, RESIDING AT MOOLAYIL, THRIKKAKARA P.O., VAZHAKKALA. 3. ABDUL NAZAR E.K., S/O.KHADER PILLAI, RESIDING AT ELAVAKKATTUKUNNEL, THRIKKAKARA P.O., VAZHAKALA (DREAM FANCY STORE, WARD NO.II, DOOR NO.661-D). 4. MOHAMMED BASHEER, S/O.KHADER PILLAI, RESIDING AT ELAVAKKATTUKUNNEL, THRIKKAKARA P.O., VAZHAKKALA, (M/S.SHOE WORLD, WARD NO.II, DOOR NO.661-C). 5. JOSE P.I., S/O.ITTOOP, RESIDING AT PANIKULAM CONVENT ROAD, NORTH PARUR (GOLDEN DRAGON RESTAURANT, DOOR NO.661-B). 6. ALI M.K., S/O.KHADER, RESIDING AT MOKEYIL HOUSE, MOOLEPADAM ROAD, VAZHAKKALA SOUTH, THRIKKAKARA P.O., (NATIONAL HARDWARE, DOOR NO.661-B). BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------- 1. ASSISTANT EXECUTIVE ENGINEER, P.W.D., ROADS SUB DIVISION, O/O. ASST.EXECUTIVE ENGINEER, THRIKKAKARA P.O, KOCHI-21 2. DISTRICT COLLECTOR, ERNAKULAM COLLECTORATE, KAKKANADU 3. STATE OF KERALA, REP: BY THE SPECIAL SECRETARY TO GOVERNMENT, P.W.D, SECRETARIAT, THIRUVANANTHAPURAM. ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R1&2 BY G.P.SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR A DMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SIRI JAGAN, J. ---------------------------------- W.P(C) No.15846 OF 2010 ---------------------------------- Dated this the 7th day of June, 2010 JUDGMENT Petitioners 1 and 2 claim to be owners of certain properties in which respondents 3 to 6 are tenants. They are now aggrieved by Exts.P7 and P8 proceedings, whereby petitioners have been directed to vacate the premises in their possession within seven days. Apart from the contentions on merit, petitioners have raised a contention of violation of the procedure prescribed and principles of natural justice to the effect that petitioners have not been given a notice or hearing before the eviction has been ordered. In the above circumstances, while admitting the writ petition on 24.4.2010, I directed the Government Pleader to ascertain from the respondents as to whether Exts.P7 and P8 have been preceded by notice and hearing to the petitioners. Learned Government Pleader on instructions submits that no individual notices have been issued to the petitioners in this regard. He would submit that a general notice has been published in the newspapers. 2. I am of the opinion that in so far as the Kerala Land Conservancy Act and Rules prescribe a procedure for eviction of a person from Government land which includes notice and W.P(C) No.15846 OF 2010 2 hearing, the petitioners cannot be evicted without individual notices. Even otherwise, when civil consequences are involved, petitioners cannot be evicted without compliance with the principles of natural justice which include notice and hearing. In view of the fact that no notice or hearing was given to the petitioners, Exts.P7 and P8 are liable to be quashed. However, I feel that if Exts.P7 and P8 are treated as notices issued to the petitioners to which the petitioners can file their objections, the same need not be quashed. Accordingly, the writ petition is disposed of with the following directions: Exts.P7 and P8 shall be treated as notices to show cause why the petitioner's should not be evicted from the premises in question. The petitioners shall file their objections to Exts.P7 and P8 within two weeks from today. Thereupon the first respondent shall fix a date for hearing, on which date the petitioners shall appear before the first respondent with all their evidence in support of their contentions. The first respondent shall afford an opportunity of being heard, consider the evidence produced by the petitioners, hear the petitioners on the same and pass a reasoned order, dealing with each and every contention of the petitioners, as expeditiously as possible. Till after two weeks W.P(C) No.15846 OF 2010 3 from the date of service of the order on the petitioners, petitioners shall not be evicted from the premises in question. S.SIRI JAGAN, JUDGE cms