IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4586 of 2009(U) ------------------------------- PETITIONER: -------------- P.M.JALAJA,AGED 38 YEARS, W/O.LATE BALAKRISHNAN, CHANIYAMURI HOUSE SUDHARMA ROAD, THEVERA, KOCHI. BY MR.A.X.VARGHESE, ADVOCATE. MR.A.V.JOJO, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, KANAYANNUR TALUK KOCHI. 3. THE VILLAGE OFFICER, ELAMKULAM VILLAGE OFFICE, ERNAKULAM. 4. SECRETARY, CORPORATION OF KOCHI. 5. KOCHIN PORT TRUST, REP. BY ITS DEPUTY CONSERVATOR, KOCHI. 6. C.G.OOMMEN, CHAVANICKAMANNIL HOUSE, PERUMANNOR P.O, KOCHI - 15. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. MR. S. RAMESH BABU, SC, CORPORATION OF KOCHI. MR. B.S. KRISHNAN, SC, KOCHIN PORT TRUST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4586 OF 2009 ---------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT The petitioner challenges Exts.P8 and P9 notices, whereby the petitioner has been directed to vacate certain properties allegedly on the ground that she has encroached into 'kayal puramboke'. The Primary contention raised by the petitioner is that the petitioner had not been given a notice or hearing as contemplated under the Kerala Land Conservancy Act and Rules. Ext.P8 had been issued on 3.11.2008 and Ext.P9 was issued only on 7.8.2009. Although in Ext.P8 the petitioner was not directed to show cause, nothing prevented the petitioner from filing objection against Ext.P8. All the same, I feel that the petitioner should be given an opportunity of filing objections to the proposed action. Accordingly, I direct that Exts.P8 and P9 shall be treated as show cause notices and the petitioner shall file her objections within a period of two weeks from today. Thereafter, the 2nd respondent shall consider the objections of the petitioner W.P.(c)No.4586/09 2 and pass a reasoned order as contemplated under the Kerala Land Conservancy Act after affording an opportunity of being herd to the petitioner. Till such order is communicated to the petitioner, the petitioner shall not be evicted from the property in question. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.4586/09 3