High Court of KeralaWP(C)/6414/2015disposed of

Ambalappuzha Taluk Chethu Thozhilali Union v. The State Of Kerala

2015-03-18Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 6414 of 2015 (B) --------------------------- PETITIONER :

-------------------------- AMBALAPPUZHA TALUK CHETHU THOZHILALI UNION (REG.NO.203/52), JETTY ROAD, ALAPPUZHA - 688 006 REP. BY ITS GENERAL SECRETARY MR.K.D.MAHEENDRAN. BY ADV. SRI.V.B.HARINARAYAN RESPONDENT(S) :

----------------------------

1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT LAND REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM -695 001.

2. DISTRICT COLLECTOR ALAPPUZHA - 688 001.

3. THE ADDITIONAL TAHASILDAR TALUK OFFICE, AMBALAPPUZHA, ALAPPUZHA DISTRICT - 688 561.

R1 TO R3 BY GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 6414 of 2015 (B) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P-1:

A COPY OF THE LETTER DATED 11.2.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P-2:

A COPY OF THE REPRESENTATION DATED 26.2.2015 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.6414 of 2015 ----------------------------------------- Dated this the 18th day of March, 2015

JUDGMENT

The petitioner has approached this Court challenging Ext.P1 notice issued by the additional Tahsildar so as to effect vacant surrender of the property stating that there was unauthorised encroachment into the land in question. This notice is under challenge in this writ petition contending that no proper notice or opportunity of hearing was given to the petitioner at any point of time before passing the order styled as notice.

2. The learned Government Pleader appearing for the respondents submits on instructions that while issuing the impugned proceedings, some inadvertent mistake has crept in by issuing the proceedings in a wrong form. It is also stated that steps has already been taken to withdraw the impugned notice/proceedings and to proceed with steps only in accordance with the relevant provisions of law.

In the above circumstances, the submission made by the

W.P.(C).No.6414 of 2015 learned Government Pleader is recorded. The impugned proceedings are set aside. This will be without prejudice to the rights and liberties of the concerned respondent to issue fresh notice to the petitioner in accordance with law, if at all any encroachment is there and if any proceedings under the Land Conservancy Act are intended to be pursued against the petitioner.

P.R.RAMACHANDRA MENON, JUDGE.

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