IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 27846 of 2008(M) -------------------------- PETITIONER: ------------------ V.PALANI, S/O. VENNI, AGED 65 YEARS, COLONY, MUNNAR - 685612. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: -------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 27846 of 2008 -------------------------- Dated this the 29th October, 2008 J U D G M E N T Petitioner, who claims to be a retired worker of the Kallar Estate of Tata Tea Ltd, claims possession over 2 cents of land in Sy. No.912 of KDH Village, as evidenced by Exhibit P1. Petitioner has sought for an assignment of the land covered by Exhibit P1 and Exhibit P4 application is pending in this behalf before the District Collector. He apprehends dispossession otherwise than under due process of law. 2. I heard learned Government Pleader also. 3. If the petitioner has no right to be in possession of the property, he is liable to be evicted from the said land. But it can be done only under due process of law. If Exhibit P4 application is maintainable then the District Collector is bound to consider and pass orders on Exhibit P4. W.P ( C) No. 27846 of 2008 2 4. In the result, the writ petition is disposed of directing the 2nd respondent to consider and take appropriate decision on the application referred to in Exhibit P4 if otherwise maintainable and if so received. Petitioner shall be evicted from the property only after due notice and procedure as contemplated by law. (V.GIRI,JUDGE) ma W.P ( C) No. 27846 of 2008 3 W.P ( C) No. 27846 of 2008 4