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JOHN JOSEPH versus STATE OF KERALA

High Court of Kerala

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JOHN JOSEPH v. STATE OF KERALA - WP(C) No. 22448 of 2007(V) [2007] RD-KL 13635 (20 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22448 of 2007(V)

1. JOHN JOSEPH,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. DISTRICT COLLECTOR,

3. TAHSILDAR,

4. VILLAGE OFFICER,

For Petitioner :SRI.RINNY STEPHEN CHAMAPARAMPIL

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :20/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 22448 OF 2007

DATED THIS THE 20th DAY OF JULY, 2007



JUDGMENT

The petitioner complains that the petitioner is sought to be evicted from the property occupied by him which belongs absolutely to him on the ground that it is Government land, that too without issuing any notice or other proceedings as provided under the Kerala Land Conservancy Act and Rules. As they are responsible officers, I do not think respondents 2 to 4 would take proceedings under the Kerala Land Conservancy Act, without complying with the procedure under the Act. It is settled law that such proceedings can be initiated only after notice and an opportunity of being heard, which shall include an opportunity to adduce evidence also, and a speaking order meeting the contentions of the petitioner on the basis of the evidence to be adduced by him. In the above circumstances, I dispose of this writ petition with the observation that any proceedings under the Land Conservancy Act shall only be after complying with the above procedure.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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