IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 6716 of 2008(Y) ------------------------------------- PETITIONERS: --------------------- 1. P.V. ELDHOSE, S/O. VARKEY, AGED 60 YEARS, PERIYAPURATH HOUSE, PUNNEKKAD, KEERAMPARA P.O., KOTHAMANGALAM. 2. M.P. VARGHESE, S/O. PAILY, AGED 47 YEARS, MANITHOTTATHIL HOUSE, PUNNEKKAD, KEERAMPARA P.O., KOTHAMANGALAM. BY ADV. SRI.K.RAMAKUMAR (SR.), SMT.SARITHA DAVID CHUNKATH, SMT.SMITHA GEORGE, SRI.MANU TOM, SRI.T.RAMPRASAD UNNI. RESPONDENTS: ------------------------ 1. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D ROAD SUB DIVISION, KOTHAMANGALAM-686 691. 2. THE TAHSILDAR, TALUK OFFICE, KOTHAMANGALAM. BY GOVT. PLEADER SRI. I.V. PRAMOD, ADV. SRI.ALEXANDER JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, ALONG WITH W.P.(C). NOS. 7128/2008 & 11461/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6716/2008-Y: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER DTD. 23/02/2008 ISSUED BY R1. TO THE P.1. EXT.P.2: COPY OF THE ORDER DTD. 23/02/2008 ISSUED BY R1. TO THE P.2. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NOs.6716,7128 & 11461/2008 ----------------------------------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT Challenge in these writ petitions are the notices issued under the Land Conservancy Act. Exts.P1 and P2 are the notices in W.P(c).No.6716/08 and Exts.P3 and P4 are the notices in W.P(c).No.11461/008. One of the grounds on which the notices challenged is that the first respondent is incompetent to exercise powers under Section 11(3) of the Act. Today, the Government Pleader had made available a notification dated the 6th June, 1985 authorising the first respondent to exercise the powers of Collector under Section 11 of the Land Conservancy Act. 2. However, the facts remains that before the aforesaid notices were issued requiring the petitioners to vacate the land or else threatening them to demolish the building, the petitioners were not given notices. In view of the violation 2 of the principles of natural justice involved I direct that Exts.P1 and P2 in W.P(c).No.6716 and Exts.P3 and P4 in W.P(c).No. 11461/08 be treated as show cause notice and that it will be open to the petitioners herein to file their objections within two weeks from today. It is directed that, if the petitioners file their objections within two weeks as directed, the first respondent shall hear them and pass fresh orders in the matter. It is clarified that all contentions raised are left open and until a decision is taken as above, further proceedings pursuant to the aforesaid notices shall be kept in abeyance. Petitioner shall produce a copy of this judgment before the Ist respondent for compliance. ANTONY DOMINIC JUDGE vi. 3