IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ALEXANDER THOMAS THURSDAY, THE 15TH DAY OF NOVEMBER 2018/24TH KARTHIKA, 1940 WP(C).No.32021 of 2018 PETITIONER:

JOJU JOHN, AGED 37 YEARS, S/O JOHN MATHEW, KANDAMKERY HOUSE, MANNUTHY P.O., PIN-680 651, THRISSUR DISTRICT.

BY ADVOCATES SRI.REJI GEORGE, SMT.ANUPAMA JOHNY, SRI.BINOY DAVIS, SRI.JOE JOSEPH KOCHIKUNNEL, SRI.RAMU RAJENDRAN & SRI.R.P.SREENIVASAN RESPONDENTS:

1 ASSISTANT EXECUTIVE ENGINEER, O/O THE ASSISTANT EXECUTIVE ENGINER, PUBLIC WORKS DEPARTMENT, (ROAD DIVISION)

THRISSUR-680020.

2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS, J.

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Dated this the 15^th day of November, 2018 J U D G M E N T The prayers in the above Writ Petition (Civil) are as follows.

“

i. To declare Ext.P8 order issued by the 1^st respondent is illegal and against the provisions of the Kerala Land Conservancy Act and quash Ext.P8 order issued by the 1^st respondent.

ii. To pass such other order or direction as is just and proper to the facts and circumstances of the case. ”

2. Heard Sri.Reji George, learned counsel appearing for the petitioner, and Sri.Saigi Jacob Palatty, learned Senior Government Pleader, appearing for the respondents.

3. The petitioner claims to be a co-owner of 8¼ cents (3.34 Ares) of property in Sy.No.295/3 of Ollukkara Village, Thrissur Taluk, Thrissur Revenue District. The petitioner is aggrieved by Ext.P-8 order dated 29.9.2018 issued by the 1^st respondent, purportedly under Rule 13A of the Kerala Land Conservancy Rules, 1958, which is directed against the deceased father of the petitioner, whereby he was directed to remove the alleged unauthorized occupation of the poramboke land in Sy.No.295/4 of Ollukkara Village, Thrissur Taluk.

4. The petitioner would assert that the impugned Ext.P-8 order has been issued by the 1^st respondent, without issuing any notice either to his deceased father Sri.John Mathew, or to the petitioner, or to any other legal heirs of his deceased father, as contemplated under Section 12 of the Kerala Land Conservancy Act, and without affording an opportunity of being heard to any of such affected parties. Accordingly it is urged that, Ext.P-8 order rendered by the 1^st respondent is in total violation of the Kerala Land Conservancy Act and the Rules framed thereunder, as well as the elementary principles of natural justice and fairness etc.

5. A perusal of Ext.P-8 order would show that the same is issued in the name of the petitioner's deceased father Sri.John Mathew. As evident from Ext.P-4 death certificate dated 19.1.2016 issued by the Adatt Grama Panchayath, the said John Mathew had died on 10.1.2016. The petitioner would assert that, he and the other legal heirs of his deceased father are in possession and enjoyment of the abovesaid property of 8.25 cents. Exts.P-1 & P-2 are the prior title deeds, and the petitioner's father had purchased the said property from the title holder of Ext.P-2, as per Ext.P-3 registered sale deed dated 8.11.1991 of SRO, Ollukkara. That pursuant to Ext.P-3 registered sale deed the petitioner's father had secured mutation of the property in his favour, and he was paying basic land tax in respect of the said property under Thandaper No.7537, as evident from Exts.P-6 & P-7 land tax receipts etc. Ext.P-5 the family membership certificate issued by the Village Officer concerned would show that, the widow and children of the deceased John Mathew are his legal representatives and his children including the petitioner are his legal representatives etc.

6. Section 11(2) and Section 12 of the Kerala Land Conservancy Act envisages that, issuance of prior notice to the affected party is mandat