IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19440 of 2009(Y) -------------------------- PETITIONER(S): ----------------- LOTUS CLUB, REPRESENTED BY HONORARY SECRETARY, GEORGE P. KORAH, S/O. LATE SRI.V.M.KORAH, AGED 59 YEARS, WARRIAM ROAD, COCHIN - 682 016. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR, KANAYANNUR TALUK. 4. THE ADDITIONAL TAHASILDAR, KANAYANNUR TALUK. BY GOVERNMENT PLEADER SRI.K.V.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C)No.19440 of 2009 --------------------------- Dated this the 10th day of July, 2009 JUDGMENT The petitioner claims to have been established in the year 1931. It is a club, wherein facilities are provided for the members to play tennis and other congregate for recreation. The extent of the land in which the club is situated is 80 cents (approximately). By Ext.P1, the Tahsildar issued a notice under the Land Conservancy Act, asking the petitioner to show cause why proceedings under Section 12 of the Land Conservancy Act should not be taken against the petitioner. The petitioner was granted only 7 days in Ext.P1. By Ext.P2, the Secretary of the club requested some more time to respond to the show cause notice. By Ext.P3 notice dated 9.7.2009, it was affirmed that, unless a reply is given within 7 days, no further opportunity will be given. This has been challenged in this writ petition. W.P.(C)No.19440 of 2009 :: 2 :: 2. Apparently, the possession of the petitioner relates back to several decades. The manner in which the possession was derived and the tenure of the same will have to be considered by the appropriate authority. It is only just and proper that some more time is afforded to the petitioner to place on record the necessary materials, to enable the Tahsildar to take a reasoned decision in this regard. 3. Accordingly, the 3rd respondent Tahsildar shall grant the petitioner a month's time from today to file a detailed reply to Ext.P3. Further proceedings pursuant to Ext.P1 shall be taken only after the said period of one month. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge