Kochi: The high court has quashed the Devikulam sub-collector’s orders directing 25 landowners to surrender possession of land in the Chokramudi hills in Idukki over alleged encroachment, ruling that they were denied an effective opportunity to be heard.
the court found merit in their contention that they could not participate effectively in the proceedings Although the state govt claimed that they had been given seven opportunities for personal hearings between Oct 2024 and Jan 2025. The landowners had earlier approached the court seeking documents under the Right to Information Act, but received them only on Jan 25, 2025, after the final hearing date. A bench of Justices Devan Ramachandran and Basant Balaji issued the order while allowing a writ appeal filed by the landowners. The dispute arose from the sub-collector’s orders accusing the appellants of illegally acquiring the land. The appellants contended that they were not given a fair opportunity to present their case. The court observed that the principles of natural justice had been violated, as the hearing should have been held after the appellants obtained the relevant documents. It directed the sub-collector to reconsider the matter afresh, giving the landowners a proper opportunity to be heard and allowing them to produce documents and file objections within two weeks. The sub-collector must issue a final decision within four months. On the govt’s appeal against an order directing maintenance of status quo, the court ruled that if possession of the land had already been taken, the existing position must be maintained until the sub-collector takes a final decision.