IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 15232 of 2011(D) -------------------------- PETITIONER: ------------------ GEORGE BOSE, AGED 58 YEARS, S/O. CHUMMAR, MEKKATTUKULAM, PORKALAM. BY ADVS. SRI.K.MADHUSOODHANAN NAIR SRI.P.V.BIJUMON SMT.DIJI.K.DASAN RESPONDENTS: ----------------------- 1. REVENUE DIVISIONAL OFFICER, AYYANTHOLE - 680 003. 2. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, THALAPPILLY, WADAKKANCHERY - 680 021 R1 & R2 BY SR. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.15232 OF 2011 -------------------------------------------------- Dated this the 7th day of June 2011 JUDGMENT The petitioner is stated as aggrieved of Ext.P3 proceedings dated 28-04-2011 issued by the 2nd respondent, whereby the petitioner was asked to stop all the constructions and also to demolish the construction already effected in the property concerned. Exts.P4 and P5 representations have already been filed explaining the position; which are sought to be disposed of. 2. Heard the learned Govt. Pleader as well. 3. The learned counsel for the petitioner submits that, Ext.P3, though styled as a notice, virtually amounts an 'order' itself directing the petitioner to have demolished the constructions and hence the challenge. 4. The learned Government Pleader submits that Ext.P3, stated as issued under Rule 13A of the Kerala Land Conservancy Rules, could be treated as a 'notice' contemplated under 'Section 12' of the Kerala Land Conservancy Act, and that the petitioner could file his objections, which in turn would be considered and appropriate orders would be passed before proceeding further. 5. In the above circumstances, the Writ Petition is disposed of, directing the 2nd respondent to treat Ext.P3 as a 'notice' under 'Section 12' of the Act. The petitioner is at liberty to file a statement W.P.(C) No.15232/2011 2 of objections in response to the above notice within 'two weeks' from the date of receipt of a copy of this judgment, on which event, the same shall be considered and finalised passing appropriate orders in accordance with law, after giving an opportunity for hearing to the petitioner, as expeditiously as possible, at any rate within 'three months' thereafter. 6. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 2nd respondent, while submitting the statement of objections as aforesaid, for taking further steps, vdv P.R.RAMACHANDRA MENON, JUDGE