Samuel George v. The Village Officer And 2 Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 23477 of 2006 (T) ---------------------------- PETITIONER :

------------------ SAMUEL GEORGE, S/O. GEORGE, AGED 34 YEARS, RESIDING AT KOTTAKKAKATHU, MALAYIL HOUSE, EDAYARANMMULA MURI, ARANMULA VILLAGE, PATHANAMTHITTA TALUK.

BY ADVS.SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI RESPONDENTS :

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1. THE VILLAGE OFFICER, ARANMULA VILLAGE, PATHANAMTHITTA DISTRICT.

2. THE TAHSILDAR, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.

3. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE PATHANAMTHITTA DISTRICT.

R1 TO R3 BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 23477 of 2006 (T) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF NOTICE NO. 191/06 ISSUED BY THE VILLAGE OFFICER, ARANMULA, TO THE PETITIONER.

RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.M. SHAFFIQUE, J.

============= W.P. (C) No. 23477 of 2006 =================== Dated this, the 29th day of October, 2015

J U D G M E N T

Petitioner challenges Ext.P1 by which a notice had been issued to the petitioner informing him that as per order passed by the Taluk Officer on 8/8/2006, Village Officer had been called upon to evict the petitioner after registering proceedings under the Kerala Land Conservancy Act, 1957. Petitioner was called upon to vacate the premises within a period of seven days, failing which, it was mentioned that further proceedings will be taken. This apparently is a notice issued to the petitioner prior to taking proceedings under the Kerala Land Conservancy Act. This matter had remained before this Court since the last 9 years and there was stay of further proceedings. This being only a notice prior to the issuance of a notice under the Land Conservancy proceedings, I am of the view that there is no reason to keep the matter pending. It is observed that the revenue authorities are entitled to

W.P(C) No.23477/2006 -:2:- take appropriate proceedings under the Land Conservancy Act in accordance with law after notice to the petitioner. With these observations, the writ petition is dismissed. Sd/- A.M. SHAFFIQUE, JUDGE Rp 30/10/2015 //True Copy// P.S to Judge