IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 6000 of 2010(Y) ----------------------------------- PETITIONER: -------------------- BIJU, 33 YEARS, S/O.VARGHESE, RESIDING AT KAVUNGAL HOUSE, CHAAYPANKUZHY P.O., PIN-680724. BY ADV. SRI.P.DEEPAK RESPONDENT: -------------------------- THE ASSISTANT EXECUTIVE ENGINEER (PWD) ROADS SUB DIVISION, IRINJALAKUDA. SRI. K. RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6000 of 2010(Y) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE REGISTERED SALE DEED DATED 6/1/2010. EXHIBIT P2: TRUE COPY OF THE REGISTERED SALE DEED DATED 17/12/2009. EXHIBIT P3: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19/1/2010 ISSUED BY THE VILLAGE OFFICER, VELLIKULANGARA. EXHIBIT P4: TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE ISSUED FROM THE SUB REGISTRAR'S OFFICE, KODALI DATED 21/1/2010. EXHIBIT P5: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER THE RTI ACT DATED 19/2/2010. EXHIBIT P6: TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 2/2/2009. TRUE COPY P.A. TO JUDGE cms S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.6000 OF 2010 ------------------------------------------ Dated this the 8th day of June, 2010 JUDGMENT The petitioner claims to be the owner in possession of 14¾ cents of land with a building thereon, comprised in Survey No.170/3 of Vellikulangara village. The petitioner purchased the same by sale deed dated 2.1.2010. Sometime ago officials from the office of the respondent came to the petitioner's property and started measuring the same and erecting identification poles therein, alleging that certain extent of that property is road puramboke. On enquiry, the petitioner was informed that a notice under Rule 13A of the Kerala Land Conservancy Rules had been issued to the former owner requiring him to vacate the land within seven days of receipt of the notice and he has not complied with that direction, which is the reason for the steps taken. Petitioner claims to have obtained a copy of the notice served on the prior owner dated 2.2.2009 by resorting to the provisions of the Right to Information Act, which is Ext.P6. According to the petitioner, the same is not in the form prescribed under the Land Conservancy Rules. Moreover the same is issued to one Shajan, Kakkanattu House, and refers to the property comprised in Survey No.275 and 298/3 of Mattathoor village, whereas the petitioner's property falls in Survey No.170/3 of Vellikulangara village. The petitioner is challenging Ext.P6 notice. W.P(C) No.6000 OF 2010 2 2. I have heard learned Government Pleader also. 3. In view of the circumstances stated in the writ petition, I am of the opinion that the respondents should reconsider the matter in accordance with the Kerala Land Conservancy Act and Rules by issuing a notice in the prescribed form to the petitioner detailing the reasons for the action proposed to be taken against the property in question, affording an opportunity of being heard to the petitioner which shall include an opportunity to adduce evidence also and passing a final order pursuant thereto considering the evidence and contentions of the petitioner. This shall be done as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Until after two weeks from the date of service of the order on the petitioner, no further coercive steps shall be taken against petitioner's property. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE cms