IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 18592 of 2008(L) -------------------------- PETITIONERS: ---------------- 1. K.S.AMEERSHA ,S/O SHANTH RAWTHER, KARIPARAMBIL HOUSE, VELLIKULANGARA ROAD, KODAKARA P.O. 2. DR. M.GOPINATH, E.N.T. CLINIC, "AISWARYA"VELLIKULANGARA ROAD, KODAKARA P.O., THRISSUR DISTRICT. 3. M.K.FRANCIS, MANJOOKKATRAN CRUSHING CENTRE, VELLIKULANGARA ROAD, KODAKARA 68O 684 4. K.M.RAMACHANDRAN, S/O MANI, KONTHROTH HOUSE, VELLIKULANGARA ROAD, KODAKARA 680 684 BY ADV. SRI.SAJU J.VALLYARA RESPONDENTS: ------------------- 1. THE DISTRICT COLLECTOR, AYYANTHOLE, THRISSUR -3. 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD SUB DIVISION, IRINJALAKUDA 680 121 3. THE SUPERINDENT OF LAND SURVEY & RECORDS AYYANTHOLE, THRISSUR -3. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHPURAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.18592 OF 2008 ---------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT The petitioners are aggrieved by Exts.P2 to P5 notices issued by the 2nd respondent under the Kerala Land Conservancy Act and Rules, by which the petitioners have been directed to vacate certain properties in their possession, which according to the 2nd respondent are Government lands. While contending that the property belongs absolutely to them, the petitioners also raised the contention that the impugned notices have been issued without affording an opportunity of being heard to the petitioners. Without conceding the contentions of the petitioners, the learned Government Pleader would submit that the 2nd respondent is prepared to hear the petitioners afresh and pass appropriate orders. In the above circumstances, this writ petition is disposed of with the following directions. The petitioners have already filed Ext.P6 objection. Now the 2nd respondent shall afford an opportunity of being heard to the petitioners which shall include the opportunity to adduce evidence W.P.(c)No.18592/08 2 also. Thereafter, the 2nd respondent shall pass a reasoned order considering all the evidence and contentions raised by the petitioners. Till after two weeks from the date of communication of the orders to the petitioners, further proceedings pursuant to impugned notices shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.18592/08 3