IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31237 of 2010(D) --------------------------------------- PETITIONER(S): ----------------------- CHELLAPPAN, POURNAMI, KARUVELIL, EZHUKON, KOLLAM DISTRICT. BY ADV. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER, KOLLAM - 691 001. 2. THE VILLAGE OFFICER, EZHUKONE VILLAGE, KOLLAM DISTRICT, PIN- 691 505. 3. THE ADDITIONAL THAHSILDAR, KOTTARAKKARA, KOLLAM DISTRICT, PIN- 691 506. 4. THE AGRICULTURAL OFFICER, EZHUKON, KOLLAM DISTRICT, PIN- 691 505. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001. R1 TO R5 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 31237 of 2010 D ``````````````````````````````````````````````````````` Dated this the 12th day of October, 2010 J U D G M E N T Petitioner is aggrieved by Ext.P3 order issued by the first respondent alleging the petitioner committed violation of the provisions of the Kerala Land Utilisation Order and requiring the petitioner to remove the rubber trees and restore the land. Irrespective of the merits of the contentions raised, it is seen from the pleadings that Ext.P3 order was passed by the first respondent acting upon a complaint received, but, however, without putting the petitioner on notice or giving him an opportunity to make his representations in the matter. In that view of the matter, Ext.P3 having been passed in violation of the principles of natural justice, this order cannot be sustained. 2. Therefore, writ petition is disposed of directing that Ext.P3 will be treated as a show cause notice and within two weeks from today it will be open to the petitioner to file his WPC.31237/10 : 2 : objections to Ext.P3. Once objections are filed as above, first respondent will issue notice to the petitioner herein and pass orders on Ext.P3. Subject to the filing of the objections as above, it is directed that Ext.P3 shall not be implemented. Petitioner to produce a copy of this judgment and writ petition before the first respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge