IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 4830 of 2009(Y) -------------------------------------------- PETITIONER(S): ---------------------- JOHN BENNY, ADIMARIYIL HOUSE, PUTHUMALA P.O., ELAVAYAL, MEPPADY, WAYANAD DIST. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, WAYANAD. 2. THE TAHSILDAR, VYTHIRI, WAYANAD DISTRICT. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4830 OF 2009 Y -------------------------------------- Dated this the 20th February, 2009 JUDGMENT Petitioner challenges Ext.P1 and the order of detention, if any, issued subsequently by the respondent District Collector. There is a further direction sought to serve a copy of the order of detention, if any, passed pursuant to Ext.P1 show cause notice and not to enforce the same within one month. Ext.P1 is a Notice issued in Form 19 of Section 65 of the Revenue Recovery Act, asking the petitioner to show cause why a warrant of arrest should not be issued. Ext.P2 is the objection filed by the petitioner. Complaint of the petitioner is that the respondent District Collector has not cared to examine as to whether sufficient circumstances exist to arrest and detain the petitioner. It is the apprehension of the petitioner that without even considering his objections, he will be sent to jail. Learned Government Pleader points out that this is a case where there is an order of assessment and the petitioner transferred the WPC.4830/09 Y 2 business in the name of his wife and the immovable property in the name of his father. He further submits that the objections of the petitioner will be considered and also an opportunity of hearing will be given to him. In such circumstances, the Writ Petition is disposed of as follows: Petitioner shall be present before the first respondent on 27.02.2009 at 11 AM. The first respondent will proceed to consider the objections of the petitioner and also afford an opportunity of hearing to the petitioner and take a decision in accordance with law. K. M. JOSEPH, JUDGE kbk.