Due process requires an opportunity to be heard before adverse actions can be taken regarding property rights.

J U D G M E N T

The petitioner is stated to be the owner in possession of property having an extent of 37.44 Ares in Survey No.1076/4/2 and 1189/P/10 of Pazhayannur Village. The petitioner has filed this captioned writ petition seeking to challenge Ext.P7 proceedings of the 1^st respondent on the basis of a request for survey filed by the 4^th and 5^th respondents herein.

2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents.

3. This Court notices that the proceedings have commenced against the petitioner on the basis of Ext.P2 notice issued by the Tahsildar, pursuant to a request filed by the respondent Nos.4 and 5. In spite of service of notice, there is no appearance on behalf of respondent Nos.4 and 5.

4. The petitioner has specifically contended that the survey/measurement was carried out in a casual manner and, in such circumstances, the petitioner submitted requests at Exts. P3 and P4 seeking re-measurement/survey after affording a reasonable opportunity of being heard. In the light of the submissions made across the Bar, as well as upon a perusal of the averments in the writ petition, I am of the opinion that this writ petition can be disposed of as under.

The 2^nd respondent – Tahsildar shall take into account Exts.P3 and P4 representations filed by the petitioner and pass order thereon, after granting the petitioner and all connected persons an opportunity of being heard, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.

Sd/-