IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 WP(C).No. 22764 of 2007(I) ------------------------------- PETITIONER: ------------- O.C. SULAJA, W/O. SURESHAN, AGED 38 YEARS, RESIDING AT PRAYAG, DHARMADAM AMSOM MELUR DESOM,P.O.MELUR,PIN-670 661,THALASSERY TALUK KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ----------------- 1. THE REVENUE DIVISIONAL OFFICER, THALASSERY. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ WP(C) NO. 22764 OF 2007 - I ------------------------------------- Dated this the 25th day of July, 2007 J U D G M E N T The petitioner challenges Ext.P7 notice issued under the Kerala Land Utilisation Order directing the petitioner to remove the constructions already made by the petitioner and to cultivate the land with paddy either personally or through any other person within thirty days from the date of service of notice. The contention of the petitioner is that as per the Kerala Land Utilisation Order, before passing any such order or notice, the petitioner is entitled to be heard and the petitioner has not even been given a prior notice before issuing Ext.P7. 2. I have heard the learned Government Pleader also. The learned Government Pleader could not satisfy me that the petitioner has been heard before Ext.P7 was issued to her. 3. In the above circumstances, I direct that further proceedings pursuant to Ext.P7 shall only be after issuing show cause notice to the petitioner, hearing her by WP(C) NO. 22764 of 2007 :-2-: affording her an opportunity to adduce evidence and passing a speaking order dealing with the contentions of the petitioner. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN, Judge Mbs/ -True Copy- P.A.to Judge. WP(C) NO. 22764 of 2007 :-3-: S.SIRI JAGAN, J ------------------------------------ W.P.(C) NO. OF 2001 ------------------------------------ J U D G M E N T DATED:01-06-2007 WP(C) NO. 22764 of 2007 :-4-: