IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16481 of 2008(K) -------------------------- PETITIONER: ------------ MATHEWKUTTY, S/O.LATE T.A.VARGHESE, THAZHATHIL VEEDU, KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN SMT.MINI.S.DAS RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE ADDITIONAL TAHSILDAR, KOTTARAKKARA. 5. SRI.R.GOPALAKRISHNA PILLAI, SREERANGAM, CHADAYAMANGALAM, CHADAYAMANGALAM P.O. KOLLAM DISTRICT. 6. SRI.D.SANTHOSH, PUTHENVILA VEEDU, AKONAM, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. BY GP. SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 16481 OF 2008 = = = = = = = = = = = = = Dated this the 3rd day of June, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P12 order issued under the Kerala Land conservancy Act, whereby the petitioner has been directed to vacate from land in his possession within 24 ours from the date of receipt of the notice. One of the contentions of the petitioner is that petitioner has not been afforded an opportunity of being heard before issuing Ext.P12. He also submits that the land belongs absolutely to him and therefore he is not bound to vacate the land. 2. I have heard the learned Government Pleader also. 3. From Ext.P12 itself it is abundantly clear that the petitioner has not been afforded an opportunity of being heard before passing the order. Principles of natural justice requires that the petitioner shall be given an opportunity of being heard before such peremptory orders are issued. In the above circumstances, I dispose of this writ petition with the following directions: W.P.(C).No. 16481 OF 2008 2 Ext.P12 shall be treated as a notice issued by the 4th respondent under the Kerala Land Conservancy Act and Rules. The petitioner shall file objections to the said notice within two weeks. Thereafter the 4th respondent shall afford an opportunity of being heard to the petitioner which shall include an opportunity to adduce evidence in support of the petitioner's case and pass a considered and reasoned order. Till after two weeks from the date of communication of the order to the petitioner, further proceedings for evicting the petitioner from his land shall be kept in abeyance. S.SIRI JAGAN, JUDGE bkn/-