IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 24637 of 2008(G) -------------------------- PETITIONERS: ---------------- 1. K.P.GEORGE, IRUMPAYIL HOUSE THAMMANIMATTOM PO., PUTHENCRUZ, ERNAKULAM. 2. SOSAMMA GEORGE, W/O.K.P.GEORGE IRUMPAYIL HOUSE, DO.DO. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENTS: ------------------- 1. DISTRICT COLLECTOR, ERNAKULAM 2. TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR 3. VILLAGE OFFICER, AIKKARANADU SOUTH VILLAGE, KOLENCHERRY 4. DIRECTOR, SURVEY AND LAND RECORDS CIVIL STATION, KAKKANAD, ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24637 OF 2008 ---------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT The petitioners are challenging Ext.P3 stop memo, whereby the petitioners have been directed to remove constructions allegedly made by the petitioner encroaching into Government land. According to the petitioners, the petitioners have not encroached into any Government land and whatever constructions made thereon are strictly in accordance with Ext.P2 survey report and therefore, there is no occasion for issuing Ext.P3. I am of opinion that these matters have to be considered by the appropriate authority and the appropriate authority should pass final orders as per the provisions of law applicable. 2. I have heard the learned Government Pleader also. Accordingly, I direct that Ext.P3 be treated as a show cause notice. The petitioners shall file their objections to Ext.P3 along with a certified copy of this judgment, within a period of two weeks. The appropriate authority, who the learned Government W.P.(c)No.24637/08 2 Pleader submits is the Additional Tahsildar, Kunnathunadu Taluk, shall pass final orders in the matter, after affording an opportunity of being heard to the petitioner, which shall include opportunity to adduce evidence also. Orders to be so passed, if adverse to the petitioner, shall not be enforced for a period of two weeks from the date of communication of the order to the petitioners so as to enable the petitioners to seek appellate remedies. Till then status quo as on today shall be maintained. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.24637/08 3