IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 16088 of 2007(M) ----------------------------------- PETITIONER(S): ---------------------- PRATHAP FOUNDATION FOR EDUCATION AND TRAINING, SCMS CAMPUS, PRATHAP NAGAR, MUTTOM, ALUVA, COCHIN 683 106, REPRESENTED BY ITS EXECUTIVE TRUSTEE, DR.G.P.C.NAYAR. BY ADV. MR.MILLU DANDAPANI RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER, ALUVA (WEST), ALUVA. 2. THE TAHSILDAR, ALUVA. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SUNITHA SUKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16088 of 2007(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - PHOTOGRAPH SHOWING THE FRONT ELEVATION OF THE BUILDING OWNED BY SCHOOL OF COMMUNICATION & MANAGEMENT STUDIES, COCHIN EXT.P2 - PHOTOCOPY OF RECEIPTS BEARING NOS. 4700312 OF BOOK NOL. B 47004 DATED 8.11.2005, 4436710 OF BOOK NO. B 44368 DATED 9.1.2007, 3103514 OF BOOK NO.B 31036 DATED 3.2.2007, 3103517 OF BOOK NO. C31036 AND 3103516 OF BOOK NO C 31036 DATED 3.2.2007, EVIDENCING THE PAYMENT OF LAND TAX BY THE PETITIONER. EXT.P3 - PHOTOCOPY OF THE NOTICE ISSUED UNDER FORM 'CC' BY THE 2ND RESPONDENT TO THE PETITIONER DATED 25.5.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P4 - PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT VIDE REF. NO. PFET/65/07 DATED 26.5.2007. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 16088 of 2007 ................................................. Dated this the 24th day of July, 2009 J U D G M E N T This writ petition is filed by the petitioner challenging proceedings initiated by the respondents 2 and 3 under the Kerala Land Conservancy Act and Rules alleging encroachment into Government land. One of the contentions raised by the petitioner is that the petitioner has not been given reasonable opportunity of being heard before issuing impugned notice. 2. I have heard both sides. 3. Although in the counter affidavit the 3rd respondent justifies the action without hearing relying upon Section 11(3) of the Kerala Land Conservancy Act, I am satisfied that action of this nature cannot be taken without giving the petitioner an opportunity to explain their stand. Accordingly, the writ petition is disposed of with the following directions: Ext.P3 would be treated as a show cause notice. The petitioner has already filed Ext.P4 objections. Respondents 2 W.P(C) No. 16088 of 2007 -2- and 3 shall before finalising the matter, afford the petitioner adequate opportunity to produce evidence in support of their contentions and an opportunity of being heard. Thereafter a speaking order dealing with every contention of the petitioner shall be issued to the petitioner. Until after two weeks of serving the order on the petitioner, no further proceedings shall be taken for eviction of the petitioner if that order is against the petitioner. S. SIRI JAGAN, JUDGE rhs