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M.MANOJ BABU, CHANDRODAYAM versus THE REVENUE DIVISIONAL OFFICER

High Court of Kerala

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M.MANOJ BABU, CHANDRODAYAM v. THE REVENUE DIVISIONAL OFFICER - WP(C) No. 16617 of 2007(C) [2007] RD-KL 14292 (27 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16617 of 2007(C)

1. M.MANOJ BABU, CHANDRODAYAM,
... Petitioner

2. M.LALITHAMBIKA, CHANDRODAYAM, T.C.48/668

Vs

1. THE REVENUE DIVISIONAL OFFICER,
... Respondent

2. DIRECTOR OF SURVEY,

3. SUPERINTENDENT OF SURVEY,

4. ASSISTANT DIRECTOR, RESURVEY OFFICE,

5. TAHASILDAR, NEYYATTINKARA.

6. VILLAGE OFFICER, VIZHINJAM.

For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :27/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 16617 OF 2007

DATED THIS THE DAY OF JULY, 2007



JUDGMENT

The petitioners are challenging proceedings under the Kerala Land Conservancy Act as evidenced by Exts.P7 and P8 to which the 1st petitioner has already filed Ext.P9 objections. The petitioners submit that before passing final orders in the matter, the petitioners are sought to be evicted. The petitioners, therefore, seek appropriate reliefs in this writ petition.

2. I have heard the learned Government pleader also. Now that the 1st petitioner has filed Ext.P9 objections to Exts.P7 and P8, it is appropriate that the concerned Tahsildar passes orders after affording an opportunity of being heard to the petitioners, which shall include an opportunity to adduce evidence also. Thereafter, the Tahsildar shall pass a speaking order after considering the objections of the petitioners in the light of the evidence to be adduced by them. Till after 7 days of communication of such orders the petitioners shall not be evicted from the property in question. The writ petition is disposed of as above.

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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