P.R.RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are occupiers of certain land, which according to the petitioners are vested with the 4th respondent Municipality. They have been issued with Exts. P6 to P8 orders directing them to vacate the property, which is specifically mentioned in the notice, on the ground that the same is Government land. The petitioner is challenging the same on two grounds. The first is that the land having been vested with Municipality, the respondents 2 and 3 have no manner of power to initiate proceedings under the Kerala Land Conservancy Act to evict the petitioners. The second is that Exts. P6 to Ext. P8 have been issued in violation of principles of natural justice, insofar as the petitioners have not been issued with a notice or granted a hearing in respect there of.

(2.) The 5th respondent has filed a counter - affidavit, according to which Exts. P5 to P8 are not fresh proceedings and it was earlier preceded by a notice and hearing and the petitioners were heard earlier. Therefore, the orders now issued to them is only a continuation of earlier proceedings. They have also produced documents in support of that contention.

(3.) I have heard the learned Government Pleader also.