SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ADMITTED. Learned Government Pleader takes notice for 1st Respondent. Urgent notice of other respondents.

(2.) HEARD learned counsel for the petitioner, learned Government Pleader and the learned counsel for the supplemental respondents in W. P. (C) No. 4695/2007 regarding interim relief.

(3.) IF the law in S.17A and 17B applies to Angamaly and Kottayam following Ext.Pl, the citizens owning lands in that area cannot deal with those lands by entering into transactions, except by obeying the law contained in S.17A and 17B of the Act. IF that be so, the necessary Rules have to continue to be operational and the requisite offices have also to function. Otherwise, it will be a situation where the executive Government would be setting at naught the flow of the law. Such deprivation of the right to transactions on the land over which one has ownership, immediately tends to impinge on Art.300A, apart from Art.14 of the Constitution of India. In certain circumstances, it will also encroach upon certain other constitutional guarantees including those referable to avocation, trade etc. In the aforesaid circumstances, I am satisfied that writ petitioners have established a strong prima facie case for stay of operation of the Kerala Surveys and Boundaries (Amendment) Rules 2005 and the decision of the Survey Director which is Ext. P5 in W.P.(C) No. 4588/07 (Ext. P9 in W. P. (C) No. 46975/07). For the foregoing reasons Exts. P4 and P5 in W. P. (C) No. 4588/07 (Exts. P8 and P9 in W. P. (C) No. 4695 of 2006) will stand stayed. As a consequence, the offices disbanded as per Ext. P5 shall continue to function. It is so directed.