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2025 Supreme(Online)(Ker) 57507
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
BEEVATHU – Appellant
Versus
STATE OF KERALA DEPARTMENT OF REVENUE – Respondent
WP(C) NO. 32684 OF 2019
For the Appellants/Petitioners: SHRI.K.B.GANGESH
For the Respondents: SRI. JIMMY GEORGE,SENIOR GOVERNMENT PLEADER
Legal procedures regarding land ownership disputes require fair opportunities for affected parties, ensuring no coercive actions are taken during ongoing consideration.
Headnote:The Writ Petition pertains to the challenge against Ext.P9 notice issued under Rule 13A of the Kerala Land Conservancy Rules, with the petitioner claiming long-term residence on the contested land. The court highlighted prior directions concerning similar cases, mandating the petitioner to file a proper application within two weeks, with the decision to be concluded within three months. Key issues revolved around procedural fairness and adequate opportunity for the petitioner and affected respondents. The final order directs no coercive actions against the petitioner under the Act until the decision is made.
| Table of Content |
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| 1. challenge to notice under land conservancy rules. (Para 1) |
| 2. court orders timely application review with protections against coercion. (Para 2 , 3) |
JUDGMENT
(Dated this this 8th day of December, 2025)
The Writ Petition challenges Ext.P9 notice issued under Rule 13A of the Kerala Land Conservancy Rules. It is the case of the petitioner that she has been residing on the side of the PWD Road leading to PWD Tourist Bungalow, Wadakkancherry for the last 50 years. Earlier, the petitioner along with some others, had approached the authorities, as evident from Ext.P3 representation.
2. It is submitted by the learned counsel for the petitioner that, the with respect to others, this Court, by judgment dated 03.03.2020 in WP(C).No.32580/2019, referred those petitioners to the appropriate authorities. The matter is now pending before the Government, pursuant to the writ court's direction to file a proper application in the requisite format. A specific direction was given to the authorities to consider and pass orders and ordered that until such orders are passed no coercive steps shall be taken against the said persons under the Land Conservancy Act.
3. The petitioner seeks similar benefits in this case since she is similarly placed and was one among the petitioners in Ext.P3 representation. Under such circumstances, there will be a direction to the petitioner to file a proper application in the requisite format within two weeks from the date of receipt of a copy of this judgment. The application for assignment shall be considered within two months after affording an opportunity of hearing to respondents 6 and 7. After considering any objection raised by the petitioner against Ext.P9 notice as well as the objection raised by respondents 6 and 7, the application preferred by the petitioner shall be considered. Until a decision is taken, no action shall be taken against the petitioner under the provisions of the Kerala Land Conservancy Act . The entire exercise shall be completed within a further period of three months from the date of receipt of a certified copy of this judgment.
With these directions, the writ petition is disposed of.
