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High Court of KeralaWP(C)/6418/2015disposed of

Jose J.Akkarakalam v. 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. 6418 of 2015 (B) --------------------------------------- PETITIONERS:

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1. JOSE J. AKKARAKALAM, AGED 57 YEARS, (K.J.JOSEPH) S/O.JOSEPH, AKKAKARAKALAM HOUSE, Y M C A ROAD ALAPPUZHA.

2. JIJI JOSEPH, AGED 53 YEARS W/O.JOSEPH, AKKAKARAKALAM HOUSE, Y M C A ROAD ALAPPUZHA.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA-688001.

3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE AMBALAPPUZHA TALUK, ALAPPUZHA-688001.

BY GOVERNMENT 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:

PJ

WP(C).No. 6418 of 2015 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE BASIC TAX RECEIPT DTD 19/4/2013 OF VILLAGE OFFICE, MULLACKAL P2:- TRUE COPY OF THE ORDER DTD 11/2/2015 ISSUED BY THE 3RD RESPONDENT P3:- TRUE COPY OF OBJECTION DTD 20/2/2015 P4:- TRUE COPY OF THE ORDER DTD 24/2/2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.6418 of 2015 ----------------------------------------- Dated this the 18th day of March, 2015

JUDGMENT

The petitioners have approached this Court challenging Ext.P2 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 petitioners 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.6418 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 petitioners 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 petitioners.

P.R.RAMACHANDRA MENON, JUDGE.

rkc.