The importance of affording an opportunity of hearing before initiating proceedings under the Kerala Land Conservancy Act.

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) issue a Writ of Certiorari or any other appropriate writ or order quashing Ext.P2;

(ii) issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to afford an opportunity to the Petitioner to put forth his case;

(iii) order stay of all further proceedings pursuant to Ext.P2 notice;

AND (iv) award the Petitioner the cost of this Writ Petition.”[SIC]

2. The grievance of the petitioner is that the proceedings under the Kerala Land Conservancy Act has been initiated against the petitioner and the petitioner was directed to demolish a wall within 72 hours. No opportunity of hearing was afforded to the petitioner is the grievance. It is also submitted that the 2nd respondent has no jurisdiction or authority to initiate action under the Land Conservancy Act.

Hence this Writ petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. Counsel appearing for the petitioner reiterated the contentions raised in this Writ petition. The learned Government Pleader takes me through the counter affidavit filed by the 2nd respondent especially paragraph Nos.3 to 6. The same is extracted hereunder:

“3. The RDO of Kollam vide his order No.11425/11/D dated 16.03.2012 directed the Taluk Surveyor to survey the land, mark the boundary of Government land and the Additional Tahsildar should make necessary arrangements for the eviction of encroachment. As per the direction of the Additional Tahsildar, the Taluk Surveyor surveyed the land and PWD evicted the encroachment, after issuing sufficient notices and time.

4. The petitioner admitted that he has encroached Government land along with others. The PWD had partly evicted all the encroachers, pointed by the Additional Tahsildar by letter dated

21.12.2013 with No.B2.15394/2012.

5. The eviction was done on 19.02.2015.

Against this eviction, the petitioner filed W.P. (C). No.9142/2015 before this Hon'ble Court and submitted enquiries on 23.02.2015 at the office of the Executive Engineer, Roads Division, Kollam under RTI Act. After filing writ petition, he constructed the compound wall utilizing the holidays of for a height of more than one meter. Complaints were given to the police station, Ezhukone, District Collector, Kollam and the Rural S.P. The Assistant Executive Engineer, Roads Sub Division, Kottarakkara reported this to the Superintendent of Police, District Collector and Executive Engineer, Roads Division, Kollam. He initiated the Sub Registrar and I.G of Registration not to issue any NOC for the transaction of these properties holded by the encroachers of Re.Sy. No.417 of Ezhukone Grama Panchayath. The petitioner has constructed the compound wall in the land which was evicted by PWD on 19.02.2015 WP. (C). No.9142/2015 and enquiries to the roads division, Kollam are the sufficient proofs for the eviction of encroachment on 19.02.2015. The PWD has done all the eviction legally, in the presence of the police. Again notice was served on the petitioner on 12.05.2015 by Assistant Executive Engineer Roads Sub Division, Kottarakkara on observing the construction in the already evicted land.

6. The petitioner is trying to put false arguments before this Hon'ble Court. The PWD clearly directed to evict the encroachments in Re.Sy.No.417 of Ezghukone Panchayat. The State Human Rights Commission, The Additional Tahsidlar, the Chief Engineer of PWD had also directed to evict the encroachments in Re.Sy.No.417 of Ezhukone Panchayat. So, it is the right and duty of the Assistant Executive Engineer to evict the encroachment of the Government Property worth many lakhs. It is submitted that the stay was given to the petitioner for his illegal construction of compound wall in the Government property which was evicted by the PWD and a case is pending before this Hon'ble Curt.”

5. From the above it is clear that, after the eviction was done on 19.02.2015, the