IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 19602 of 2010(A) ----------------------------------- PETITIONER(S): -------------------- 1. DR.THOMAS JOSEPH, S/O.JOSEPH, AGED 61 YEARS, EDAYADIL, THODUPUZHA P.O., IDUKKI DISTRICT. 2. GEORGE JOSEPH, S/O.JOSEPH, AGED 59 YEARS, EDAYADIL, U.C.COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT. 3. JOSE JOSEPH, S/O.JOSEPH, AGED 57 YEARS, EDAYADIL, GANDHINAGAR P.O. KOTTAYAM DISTRICT. 4. ALEX JOSEPH, S/O.JOSEPH, AGED 58 YEARS, EDAYADIL, FLAT NO.G.7A, KALPAKA APARTMENTS, VENNALA P.O., ERNAKULAM DISTRICT. 5. JOHNY JOSEPH, S/O.JOSEPH, AGED 48 YEARS, EDAYADIL, KANNADI P.O., ALLEPPEY DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KALLEKULANGARA EMOOR BHAGAWATHI DEVASWOM, AKATHETHARA, PALAKKAD REP. BY ITS MANAGING TRUSTEE. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE ADDITIONAL TAHSILDAR, PALAKKAD. GOVERNMENT PLEADER MR. P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.19602 OF 2010 ------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T The petitioners are aggrieved by Ext.P5 notice directing the petitioners to show cause why they should not be evicted from the property in question, which according to the respondents is Devaswom land and the petitioners are holding on to the property even after expiry of the period of lease. The petitioners have filed Ext.P6 reply to Ext.P5. The petitioners have filed this writ petition apprehending eviction without giving the petitioners an opportunity of being heard. On 1.7.2010, the learned Government Pleader submitted before me that the matter was posted for hearing pursuant to Ext.P5 notice, the petitioners applied for extension of time for hearing and the matter was posted to 22.6.2010 for hearing. The learned counsel for the petitioners sought time to verify the same. Today, the learned counsel for the petitioners submits that the petitioners have not sought any extension of time. I am not going into the disputed W.P.(c)no.19602/10 2 contentions. In so far as Ext.P5 notice has been issued, the fourth respondent is bound to afford an opportunity of being heard to the petitioners, before passing final orders under the Kerala Land Conservancy Act. Without passing an order and communicating the same to the petitioners, the petitioners cannot be evicted from the property. Accordingly, this writ petition is disposed of with a direction to the fourth respondent that the petitioners shall not be evicted until after one week of service of an order passed pursuant to Ext.P5, after affording an opportunity of being heard to the petitioners. The petitioners shall produce a certified copy of this judgment before the fourth respondent for compliance. S. SIRI JAGAN, JUDGE acd W.P.(c)no.19602/10 3 W.P.(c)no.19602/10 4