HOLY CROSS CHURCH Vs. TAHSILDAR NORTH PARUR

JUDGEMENT

(1.) THIS petition has been filed to quash an order Ext. P1 dated 16-11-1970 issued by the respondent, the Tahsildar, North Parur to the petitioner calling upon it to vacate from a land bearing Sy. No. 47 in Chennamangalam Village and having an extent of 73. 250 acres, within 15 days of the receipt of the notice, failing which steps would be taken to forcibly evict the petitioner therefrom. The petitioner states that it has been in possession of the said land, which is admittedly a Government land, for more than 60 years, that the petitioner has obtained title to the said land by adverse possession, and that it has not received any order under the Land Conservancy Act in the said matter.

(2.) A counter-affidavit has been filed by the respondent which states, among other things, that two cases of L. C. Nos. 38 of 1965 and 37 of 1966 were taken against the petitioner in respect of the aforesaid land, and that orders have been passed in the said cases rejecting the petitioner's contention and directing him to vacate the land. The allegation that the petitioner has not been served with any orders in this respect is not denied in the counter-affidavit. R. 11 of the Kerala Land Conservancy R. 1958, requires that the final order of the Collector under S. 12 of the Act in this case proceedings were taken by the respondent by virtue of the delegation of the collector's power to him shall be in writing, which shall contain the reasons for the decision, and that the same shall be communicated to the party in writing, and that simultaneously a notice in Form C appended to the rules shall be served on him requiring him to vacate the land. Admittedly notice in Form C has not been issued. It is contended that the impugned notice Ext. P1 would satisfy the requirements of R. 11. This contention is totally unsustainable. No action for eviction can be taken against an encroacher under the Land conservancy Act unless the final order accompanied by notice in Form C is served on him as required by R. 11. The encroacher may, on receiving copy of the order and the notice, seek his own remedies against that order. For instance he may file an appeal from the order to the appellate authority or file a suit to set aside the order.