IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 21677 of 2007(E) --------------------------------------------- PETITIONER: ------------------ ALEX K. BABU, S/O. K.C.BABU, AGED 27 YEARS, KALLUVILA GALILEE, VENGALAM P.O., KOZHIKODE. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY RESPONDENTS: ----------------------- 1. THE VILLAGE OFFICER, CHEMMANCHERRY. 2. THE TAHSILDAR, QUILANDY. 3. THE DEPUTY COLLECTOR, KOZHIKODE 4. DISTRICT COLLECTOR, KOZHIKODE. BY GOVERNMENT PLEADER SHRI M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.21677 OF 2007 E PETITIONER'S EXHIBITS: EXT.P1 PHOTO COPY OF NOTICE NO.K3-4719/07 DATED NIL ISSUED TO THE PETITIONER, REFERRED TO IN THE WRIT PETITION. EXT.P2 PHOTO COPY OF JUDGMENT DATED 6.7.2007 OF THIS HONOURABLE COURT IN WP(C) NO.20858/07 G REFERRED TO IN THE WRIT PETITION. EXT.P3 PHOTO COPY OF I.A. NO.9520/2007 IN WP(C) NO.20858/07 DATED 11.7.2007 FILED BY PETITIONER. EXT.P4 RELEVANT NEWS ITEM IN MALAYALA MANORAMA DAILY DATED 14.7.2007. EXT.P5 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 23.7.2007 ISSUED BY THE 2ND RESPONDENT TOGETHER WITH COVERING LETTER. EXT.P6 TRUE COPY OF ENDORSEMENT DATE 13.7.2007 MADE BY 2ND RESPONDENT TAHSILDAR. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 21677 OF 2007 E -------------------------------------- Dated this the 13th February, 2007 JUDGMENT Petitioner has approached this Court with the following prayers: "(i) Issue a writ of mandamus or any other appropriate writ or order or direction, commanding the respondents to give a reasonable opportunity to the petitioner to seek his statutory remedy and obtain orders from the statutory appellate authorities in case orders are passed against the petitioner. (ii) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the second respondent to grant two weeks further time to the petitioner to submit the objections to Ext.P1 Notice." 2. Case of the petitioner, in brief, is as follows: He is the owner of 64 cents of land covered by two WPC. NO.21677/07 E 2 documents of the year 1997. Petitioner was issued with Ext.P1 notice in Form "CC" under Rule 13A of the Land Conservancy Rules. It was challenged before this Court in W.P.(C). No.20858/07 and this Court disposed of the same by Ext.P2 Judgment by which this Court directed that Ext.P9 which was challenged therein shall be treated as a show cause notice as to why the petitioner should not be evicted from the property in question. The Tahsildar was directed to conduct a hearing with opportunity to adduce evidence also. It was further directed that the petitioner can file his objection within one week from 6.7.2007. The further case of the petitioner is that on 12.7.2007, the counsel appearing for the petitioner was asked to wait till the deputy Collector comes to the Office. At about 1.15 PM, the Deputy Collector came and occupied the chair of the Tahsildar and started hearing the matter. It is stated that the petitioner had also filed a petition before this Court seeking extension of time and requested the Tahsildar for a short adjournment. But, the Deputy Collector asserted that orders will be passed on the same WPC. NO.21677/07 E 3 day. 3. In I.A. No.10255/07 the allegation made is that on 13.7.2007, under the leadership of the Collector, the third respondent Deputy Collector, the Tahsildar and the Village Officer came and fixed poles and tied ropes to demarcate a strip of property and stated that these are the properties encroached upon, and that it will be demolished soon. 4. I heard Shri K.P. Dandapani, learned senior counsel appearing for the petitioner and also the learned Government Pleader. Learned senior counsel pointed out that the petitioner has already filed his objection. Now, he prays for a week's time to file additional objection along with documents. 5. Having regard to the reliefs sought for in the Writ Petition and having heard the learned Government Pleader, the Writ Petition is disposed of as follows: One week's time from the date of receipt of a copy of this Judgment is granted to the petitioner to file additional objection and documents before the second respondent. The second WPC. NO.21677/07 E 4 respondent will take a decision in the matter in accordance with law as already directed in Ext.P2. Necessarily, the second respondent shall afford an opportunity of hearing to the petitioner before a decision is taken. It is further ordered that if the order is adverse to the petitioner, the said order shall not be implemented for ten days. K. M. JOSEPH, JUDGE kbk.