IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 13712 of 2011(L) -------------------------- PETITIONER(S): --------------- SUBRAHMANIAN, S/O.PANAN KUNJAN, MINITARY KUNNU, PAZHANJI, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVISION), THALAPPILLY, WADAKKANCHERY. SR GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13712 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE DOCUMENT NO.651 OF 1952 RELATING TO THE PROPERTY OF THE PETITIONER EXT.P2- TRUE COPY OF THE RECEIPT DATED 22.1.98 ISSUED BY THE VILLAGE OFFICE, PAZHANJI EXT.P3- TRUE COPY OF THE RECEIPT DATED 28.2.11 ISSUED BY THE SECRETARY, KATTUKAMBAL GRAMA PANCHAYAT EXT.P4- TRUE COPY OF THE BILL DATED 1.4.11 ISSUED BY THE KERALA STATE ELECTRICITY BOARD EXT.P5- TRUE COPY OF THE NOTICE DATED 4.5.11 ISSUED BY THE RESPONDENT (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).13712/2011 .............................................. Dated this the 10th day of June, 2011 JUDGMENT Petitioner has approached this Court challenging Ext.P5 proceedings, though styled as a 'notice', virtually directing the petitioner to demolish the construction stated as effected in the property; which, according to the petitioner, is per se wrong and illegal and hence, under challenge in this writ petition. 2. The learned Government Pleader appearing on behalf of the respondent submits that Ext.P5 stated as issued under Rule 13A of the Kerala Land Conservancy Rules could be treated as a notice under Section 12 of the Kerala Land Conservancy Act and that the petitioner could file statement of objections in response to the same on which event, appropriate orders will be passed after considering the same, in accordance with law, within the shortest possible time. 3. In the above circumstances, the respondent is directed to treat Ext.P5 as a notice under Section 12 of the Kerala Land Conservancy Act and the petitioner is at liberty to file W.P.(C).13712/11 2 statement of objections to the said notice, within 'two weeks' from the date of receipt of a copy of this judgment, on which event, the same shall be considered in accordance with law and pass appropriate orders, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 'two months' thereafter. 'Status quo' shall be maintained till such time. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs