IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 16634 of 2009(Y) -------------------------- PETITIONERS: --------------- 1. SHAJNA SHAKEER,W/O.ABDUL SHAKEER, AGED 33 YEARS,RESIDING AT SNEHATHEERAM,(T.C.5/2353 (6),KAWDIAR SQUARE,THIRUVANANTHAPURAM. 2. ABDUL SHAKEER,S/O.SHAHUL HAMEED, AGED 41 YEARS,RESIDING AT SNEHATHEERAM, (T.C.5/2353(6),KAWDIAR,SQUARE, THIRUVANANTHAPURAM.(PETNRS REP;BY THEIR P/A HOLDER M.A.RASHEED,62 YRS,S/O.MOHAMMED KANNUR,RESDING AT SHALIMER,T.C.49/243,MANACAUD,THIRUVANANTHAPURAM). BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: --------------- 1. THE KERALA WATER AUTHORITY,REPRESENTED BY ITS MANAGING DIRECTOR,JALA BHAVAN,VELLAYAMBALAM THIRUVANANTHAPURAM. 2. THE STATE OF KERALA,REPRESENTED BY THE MUNICIPAL SECRETARY TO GOVERNMENT,REVENUE DEPT, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY PROJECT SUB DIVISION,VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. THE DEPUTY COLLECTGOR(L.R),COLLECTORATE, CIVIL STATION,KUDAPPANAKUNNU,THIRUVANANTHAPURAM. ADV. SMT.AMBIKA DEVI, SC, KWA FOR R1 & R3 GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16634 of 2009 -------------------------- Dated this the 24th June,2009 J U D G M E N T Petitioners are the owners of 7.717 cents of land with a residential building situated in Sasthamangalam Village in Thiruvananthapuram. The Water Authority located a main pipeline running from the Aruvikkara Reservoir to the Vellayambalam pumping station in Sy.No.185 (as claimed by the water authority) and according to the petitioner, the 2nd respondent and P.W.D dug portions of the petitioner’s property on the eastern, northern and southern side. Petitioners approached the Munsiff’s Court with O.S No.1446 of 2008 seeking an injunction against the Water Authority as well. 2. Fourth respondent then issued a notice to petitioners under the Land Conservancy Act alleging that they are in possession of a portion of puramboke. A hearing was proposed to be conducted on 6.6.2009. Petitioners grievance arises from Exhibit-P1, a notice of 2 hearing, which according to them, was received by them only on the date of hearing i.e. on 29.5.2009 He then submitted Exhibit-P3 pointing out these aspects. If the notice of hearing was served on the petitioner only 29.5.2009 it is obvious they will would not have got adequate opportunity of hearing. 3. Accordingly, the 4th respondent is directed to hear the petitioners and notice of hearing giving at least 7 days notice in that regard will be issued. Competent authority of the Water Authority also shall also be given such notice of hearing and further steps shall be taken on the basis of the decision to be taken at the hearing. It is made clear that petitioner shall not seek an adjournment on the date on which the hearing is posted. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma 3 4