IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 OP.No. 21825 of 2002(W) ------------------------------------- PETITIONER: -------------------- C.K.KUNHIPATHUMMA W/O.KHADER, AGED 65 YEARS, BUSINESS, CHUNKASTHANATH HOUSE, CHAVASSERY POST, CHAVASSERY AMSOM DESOM, KANNUR. BY ADV. SRI.P.K.VIJAYAN SMT.K.V.JAYALAKSHMY RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THALASSERY. 3. THE VILLAGE OFFICER, CHAVASSERY VILLAGE, THALASSERY. R1 TO R3 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.37425/2002 IN O.P.NO.21825/2002 W DISMISSED 17/01/2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 17/12/1985. EXT.P2: COPY OF THE DEATH CERTIFICATE OF V.P.KHADER. EXT.P3: COPY OF THE NOTICE OF THE RESPONDENT NO.3 DTD. 22/07/02. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. ------------------------------------- O.P NO. 21825 OF 2002 W -------------------------------------- Dated this the 17th January, 2008 JUDGMENT Petitioner's late husband was granted a lease of one cent of land for putting up a non-agricultural bunk by Ext.P1. Ext.P2 is produced to show that the petitioner's husband died. Ext.P3 is a notice issued by the Village Officer calling upon the petitioner to remove the bunk shop from the property within twentyfour hours. This is stated to be done on the basis of an order of the second respondent. Petitioner has contended that there should be sixty days' notice and also it is the case of the petitioner that the second respondent can revoke the lease only after giving sixty days' notice assigning the reasons and the third respondent has no legal authority. 2. I heard the learned Government Pleader also. I feel that Ext.P3 cannot be sustained. Ext.P3 is issued by the Village Officer. Lease was granted by the Revenue Divisional Officer and sixty days' notice should be given before evicting the OP NO.21825/02 W 2 petitioner. Therefore, Ext.P3 cannot be sustained. Accordingly, the Original Petition is allowed and Ext.P3 is quashed. This will not stand in the way of taking appropriate action, if it is permissible in law. K.M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 21825 OF 2002 W JUDGMENT 17th January, 2008.