The concerned authority is required to consider the explanation and documents submitted by the petitioners and pass appropriate orders after giving them an opportunity of hearing.

JUDGMENT

The above writ petition is filed with the following prayers:

“a. Issue a Writ of Certiorari to quash Exts. P9 and P10 notices issued by the 2nd and 3rd respondents;

b. Issue a writ of Mandamus or any other writ, order or direction, directing the 2nd respondent to comply the formalities covered by GO (MS)550/1968, thereby complete the assigning process of the property;

C. Issue a writ of Mandamus or any other writ, order or direction, directing the 4th respondent to effect necessary corrections in the revenue records so as to treat the property of 1.60 Ares of land which situated in re-survey No.22/12 of the Panthalam Thekkekkara Village, belongs to the 2nd petitioner;

d. issue any such other order or direction as this Hon'ble Court may deem fit, fair and proper in the facts and circumstances of the case.

e. Cost of the Proceedings.”[SIC]

2. When this Writ petition came up for consideration on 20.03.2015, this Court directed to maintain the status quo. The main challenge in this Writ petition is against Exts.P9 and P10. The learned Government Pleader submitted that these are only show cause notices. Counsel for the petitioners submitted that, as per Exts.P3 and P4, the Government assigned the land to the petitioners. If that be the case, the petitioners can submit their reply along with a copy of Exts.P3 and P4 before the authority concerned and the authority concerned will consider the same with notice to the petitioners. Till then the interim order can continue.

Therefore, this Writ petition is disposed of in the following manner:

1. Petitioners are free to submit their explanation to Exts.P9 and P10 before the 2nd and 3rd respondents within a period of one month from the date of receipt of a stamped certified copy of this judgment. The petitioners are also free to produce a copy of Exts.P3 and P4 along with the explanation.

2. Once the explanation is received, the 2nd and 3rd respondents will consider the same and pass appropriate orders after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the explanation. Till then the status quo as on today will continue.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM

APPENDIX OF WP(C) 7649/2015 PETITIONER EXHIBITS P1:TRUE COPY OF THE SALE DEED NO. 509/1959 OF PANTHALAM SRO DATED

09.02.1959 P2:TRUE COPY OF THE COMMUNICATION BEARING NO. A6/12763/1968 DATED

13.11.1968 P3:READABLE COPY OF EXT P2 P4:TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF RE-SURVEY CHARGES DATED

09.11.1984 P5:TRUE COPY OF THE PROPERTY TAX RECEIPT OF BUILDING NO. 8/377 A DATED 14.05.2002 P6:TRUE COPY OF THE LEETER DATED

26.11.2012 ISSUED BY TEH 2ND RESPONDENT P7:TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT BEARING NO.C4-

18726/2005 P8:TRUE COPY OF THE LETTER ISSUED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DATED 22.01.2006 P9:TRUE COPY OF THE NOTICE DATED

21.02.2014 ISSUED BY THE 2ND RESPONDENT P10:TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 12.02.2015 P11:TRUE COPY OF THE KERALA LAND CONSERVACY RULES 1958 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE