IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 10484 of 2010(I) -------------------------- PETITIONERS: --------------- 1. NANU K.V,S/O.CHEKKU,BUILDING NI.155, WARD NO.15,KIZHAKKEVALAPPIL MELADY AMSOM DESOM, PAYYOLI,KOZHIKODE DISTRICT. 2. GOPALAN,S/O.KANNAN,DARSANALAYAM VEEDU, URUVACHADATHU,THIKKODI(V),MELADI, KOZHIKODE DISTRICT. 3. KANARAN,S/O.KANNAN,DWARAKA HOUSE, URUVACHADATHU,THRIKKOTTOOR AMSOM DESOM, PO THIKODY(VIA) MELADI,KOZHIKODE DISTRICT. 4. V.V.CHOYI,S/O.PACHAR,VADAKKEVALAPPIL, MELADI AMSOM DESOM,PAYYOLI. 5. MAMMADU,S/O.ABOOBACKER,UTHIRUPARAMBIL HOUSE,NO.124,WARD NO.15,MELADI AMSOM DESOM, PO MELADI, PAYYOLI. 6. KAMARUNNISSA,D/O.ASSAINAR, MELADI AMSOM AND DESOM,PAYYOLI. 7. SULAIMAN HAJI,S/O.MOOSA,PUTHUKOTTUR, PAYYOLI POST, QUILANDY, KOZHIKODE. 8. HAJIRA.K, KARIYATTIKUNI HOUSE, THIKKODI PO, KOZHIKODE. 9. AYISHA,W/O.KASMI,AYYANDI VALAPPIL, K.C.VILLA, PO MELADI, QUILANDY, KOZHIKODE. 10. ABOOBACKER E.M, ERATHU MEETHAL HOUSE, THIKKODI PO, THRIIKKOTTOOR AMSOM, PALOOR DESOM, KOZHIKODE DISTRICT. 11. SAINABA.N,NOOR MAHAL, THIKKODI PO, THRIKKOTTUR AMSOM DESOM, KOZHIKODE DISTRICT. 12. NISHAD.K,KURUVANTHAVIDA HOUSE, THIKKODI PO, THRIKKOTTUR AMSOM DESOM, KOZHIKODE DISTRICT. 13. UMMI.V.VAIDYARAKATH HOUSE,C/O.ASHRAF, ANGADI VALAPPU,THIKKODI PO, THRIKKOTTUR AMSOM DESOM, KOZHIKODE DISTRICT. 14. JANARDHANAN,S/O.GOPALAN,THEKKEVALAPPIL, MELADI AMSOM DESOM,PAYYOLI,KOZHIKODE DISTRICT. 15. K.CHANDRA,S/O.RAMAN,KOORANTAVIDA VEEDU, PO THIKKODI, MELADI, THRIKKOTTUR AMSOM DESOM, KOZHIKODE 673 529. 16. AYISHA,KOLANGARA CHALIL HOUSE,PO,MELADI, PAYYOLI-673 522, KOZHIKODE DISTRICT. 17. IBRAHIMKUTTY, UTHIRUPARAMBIL HOUSE, PO THIKKODI, (VIA) MELADI, KOZHIKODE 673 529. 18. K.M.SHABEEN,D/O.K.M.MUHAMMED KUTTY, KOYAPPATHODY BUNGLOW, PO MALAPARAMBA, KOZHIKODE-9. BY ADV. SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT,DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE TAHSILDAR,QUILANDY,KOZHIKODE. 4. THE VILLAGE OFFICER,THIKKODI VILLAGE, QUILANDY TALUK,KOZHIKODE DISTRICT. GOVERNMENT PLEADER: SRI P NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.10484 of 2010 --------------------------------------------- Dated this the 5th day of April, 2010 JUDGMENT The petitioners were occupying different items of land in the Thikkodi Village in different survey numbers alleged to be for more than 50 years. The petitioners have produced Exts.P1 to P16 documents in support of the above plea. Ultimately they were evicted finding that they had encroached Government Properties. Ext.P17 is one of the notices issued to them. In succeeding years the right to take usufructs from the properties were being sold in public auction as evidenced by Exts.P18 and P20 notices. The petitioners had approached this Court earlier by filing W.P.(C)No.36826 of 2007 seeking to quash various eviction notices issued. Ext.P21 is the copy of the judgment wherein there a direction was issued to the first respondent to consider Exts.P9 to P15 produced in the said writ petition with notice to the petitioners and pass orders thereon. It is averred in the writ petition that no further orders have been passed on those representation so far. In the meanwhile the petitioners came to know the steps for conduct auction to collect the usufructs. Their plea is that WPC.No.10484/2010 : 2 : they are entitled for service of notices before the auction. 2. The learned Government Pleader on instructions submitted that auction was held on 19/5/2009 for taking usufructs for the year 2009-2010 and the auction notice was published in the Panchayat Office, Village Office, Taluk Office, etc. 15 persons had participated in the said auction and the highest bidder was one Shri.Muraleedharan who purchased the right for an amount of Rs.3,05,109/-. The said auction was confirmed. 3. The petitioners were not able to specify the enactment under which they are entitled to have separate individual notices to be served whenever the auction is scheduled. According to the learned counsel for the petitioners since they were in occupation and were doing cultivation they are entitled to be served notices before any auction is conducted. Evidently the petitioners have been evicted from the land in question. In the absence of any statutory provision or any other Government Orders in their favour, the contention cannot be accepted. Admittedly auction notices were exhibited in various Government offices in the WPC.No.10484/2010 : 3 : Taluk. The petitioners are now said to be residing in Kozhikode District. 4. Whenever the auction is conducted, they are free to participate in it and are not entitled to be served with individual notice of the auction. The respondents will see that notices are properly published, sufficiently in advance and to give adequate publicity so as to get a proper bid. The writ petition is accordingly disposed of. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) skj