Kerala High Court
P.K.Sahadevan vs The State Of Kerala on 14 June, 2011
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7286 of 2007(P)
1. P.K.SAHADEVAN, AGED 55 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE REVENUE DIVISIONAL OFFICER,
4. THE TAHSILDAR,
5. THE VILLAGE OFFICER,
For Petitioner :SRI.M.L.SAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/06/2011
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.7286 OF 2007
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Dated this the 14th day of June, 2011
JUDGMENT
The petitioner entered into an agreement for sale in respect of a property comprised of 4 cents assigned in favour of one Smt. Nabeesa under the Kerala Land Assignment Rules. The petitioner has filed this writ petition apprehending that the respondents are taking hasty steps to evict the petitioner from the land on the assumption that the petitioner is an encroacher without complying with the provisions of the Kerala Land Conservancy Act.
2. The contention of the learned Government Pleader is that even assuming that the land is the one assigned to Smt. Nabeesa, she could not have validly transferred the same to the petitioner, insofar as that would be against the provisions of the Kerala Land Assignment Rules, there being a lock-in period for alienation of lands assigned under the Kerala Land Assignment Rules and therefore, the petitioner is an encroacher. W.P.(C)No.7286/07 2
3. I am of opinion that even assuming that the petitioner is an encroacher, the Kerala Land Conservancy Act and Rules stipulates a notice and hearing for eviction.
In the above circumstances, this writ petition is disposed of with a direction that before evicting the petitioner, the petitioner shall be given a notice and hearing.
S. SIRI JAGAN, JUDGE acd W.P.(C)No.7286/07 3