IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 5771 of 2010(V) ------------------------------- PETITIONER: -------------- TIJU KURIAKOSE, S/O.KURIAKOSE, AGED 38 YEARS, NADUTHOTTATHIL HOUSE, SINGKANDOM P.O., SOORYANELI, IDUKKI DISTRICT. BY MR.N.M.VARGHESE, ADVOCATE. MR.ROY THOMAS, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KRALA, TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, IDUKKI. 3. TAHSILDAR, UDUMBANCHOLA TLAUK, TALUK OFFICE, NEDUMKANDOM, IDUKKI DISTRICT 4. THE VILLAGE OFFICER, CHINNAKANAL VILLAGE,CHINNAKKANAL, IDUKKI DISTRICT. 5. THE SUB INSEPCTOR OF POLICE, SANTHANPARA POLICE STATION, IDUKKI DISTRICT. BY MR.SREEKRISHNAN, SPL. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5771 OF 2010 --------------------------------------- Dated this the 25th day of February, 2010. J U D G M E N T The petitioner seeks for a direction to respondent Nos.1 to 3 to conduct statutory enquiries about the tenure of the property held by the petitioner in accordance with law after notice to the petitioner. According to the petitioner, as per Exhibit P4, the fourth and fifth respondents are trying to effect summary eviction without giving any notice and hearing the parties. 2. Exhibit P4 is only a communication issued by the Udumpanchola Tahsildar addressed to the Sub Inspector of Police, Santhanpara. That was issued on the basis of the report of the Village Officer, Chinnakkanal Village. It only evidences the fact that the Tahsildar has reported about the illegal encroachments which are punishable under the provisions of the Kerala Land Conservancy Act, 1957 as amended in 2009. True that the petitioner's name also finds a place in the list of encroachers in Exhibit P4. W.P.(C) No.5771/2010 2 3. The learned Government Pleader submitted that any action for eviction will be taken only in terms of the Kerala Land Conservancy Act, 1957 as amended by Act 2009. 4. Going by Exhibit P4, the property in question is leased out to the Hindustan Newsprint Limited from Forest Department and the petitioner and others have encroached upon various portions of the property. It is made clear that the proceedings for eviction will be done in accordance with the Kerala Land Conservancy Act, 1957 and the amended Act, and the petitioner will be given due opportunity to defend his case and he can also challenge it, ultimately, if the order is adverse to him. The writ petition is disposed of as above. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp