IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 18159 of 2010(T) -------------------------- PETITIONER(S): --------------- POOVAKKULATH CHACKO,S/O.ULAHANNAN,AGED 79 YEARS,,ARALAM, VELIMANAM PO, PIN 670 704. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THALASSERY. 2. THE VILLAGE OFFICER, ARALAM, KANNUR DISTRICT. BY G.P.SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.18159 OF 2010 ------------------------------- Dated this the 11th day of JUNE, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P2 notice to the petitioner under the Kerala Land Utilisation Order directing the petitioner to cultivate the petitioner's land with paddy either personally or through any other persons within a period of thirty days from the date of service of that notice. According to the petitioner, prior to issuing Ext.P2 notice the petitioner was not afforded an opportunity of being heard, which is a mandatory requirement under Clause 7 of the Kerala Land Utilisation Order. 2. I have heard the learned Government Pleader also. Ext.P2 does not refer to any notice or hearing to the petitioner. The learned Government Pleader is also not able to satisfy me that Ext.P2 was preceded by a notice and a hearing to the petitioner. That being so, Ext.P2 is violative of the provisions of the Kerala Land Utilisation Order, as also the principles of natural justice. Ext.P2 is liable to be quashed on that ground alone. But if Ext.P2 is treated as a show cause notice, it may not be W.P.(c)No.18159/10 2 necessary to quash the same. Accordingly, the writ petition is disposed of with the following directions: The first respondent shall treat Ext.P2 as a show cause notice under Clause 7 of the Kerala Land Utilisation Order. The petitioner shall file his objections to the same within a period of two weeks. Thereafter, the first respondent shall afford the petitioner an opportunity of being heard and pass a speaking order considering the contentions of the petitioner on merits. Needless to say, till then no coercive proceedings shall be taken against the petitioner's property as proposed in Ext.P2. S. SIRI JAGAN, JUDGE acd W.P.(c)No.18159/10 3 W.P.(c)No.18159/10 4