IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16611 of 2008(C) -------------------------- PETITIONER: ---------------- BETTY SANTHOSH, D/O DANIEL, SANTHOSH BHAVAN, MUZHATHANGY, VILAKKUPARA P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN SMT.MINI.S.DAS RESPONDENTS: -------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE ADDITIONAL TAHISALDAR, KOTTRAKKARA. 5. AEI.R.GOPALAKRISHNA PILLAI, SREERANGAM, CHADAYAMANGALAM, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. 6. SRI. D.SANTHOSH, PUTHENVILA VEEDU, AKONAM,CHADYAMANGLAM P.O., KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.16611 OF 2008 ---------------------------------------- Dated this the 4th day of June, 2008 JUDGMENT The petitioner is challenging Ext.P12 order whereby the petitioner has been directed to vacate Government land on the ground that the land is urgently in need for a public purpose. The petitioner submits that the petitioner is in occupation of the property in question covered by Ext.P12 and Ext.P12 order has been passed without any prior notice or hearing in the matter. 2. The learned Government Pleader submits that admittedly the petitioner encroached into Government land and she has no rights whatsoever in the property. He would further submit that after purchasing fourteen cents of land, the petitioner has encroached into two acres of land and is now claiming assignment of the entire land on the ground that he is in possession of the same. The learned Government Pleader would also submit that in view of Rules 5 and 6 of the Kerala Land Assignment Rules, the petitioner is not entitled to assignment of the land also. W.P.(c)No.16611/08 2 3. After hearing both sides, I feel that the petitioner should be afforded an opportunity of being heard before he is evicted. Accordingly, I dispose of this writ petition with the following directions. The 4th respondent would treat Ext.P12 as a show cause notice. The petitioner shall file her objections to the same within a period of two week. The 4th respondent shall thereafter, afford an opportunity of being heard to the petitioner which shall include the opportunity to adduce evidence also and pass appropriate orders in accordance with law. Till the order is communicated to the petitioner, the petitioner shall not be forcibly evicted from the land. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.16611/08 3