IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19791 of 2009(T) -------------------------- PETITIONER : --------------- PRABHAKARAN PILLAI, S/O.RAMAN PILLAI, AGED 51 YEARS, PRASHANTH BHAVAN, THAMARASSERI, ARAKKANNOOR MURI, ELAMADU VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE SRI.ABHILASH RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER, CIVIL LINE, COLLECTORATE, KOLLAM. 2. THE TAHSILDAR, TALUK OFFICE, KOTTARAKKARA. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19791 of 2009 -------------------------- Dated this the 15th July,2009 J U D G M E N T Petitioner is aggrieved by Ext.P7 order passed by the Revenue Divisional Officer requiring him to remove all the earth deposited in his property. Petitioner challenges Exhibit-P7 on several grounds including the ground that it is without jurisdiction and at any rate , it is violative of the principles of natural justice in as much as that the petitioner was not heard before Exhibit-P7 order was passed. It is further contended that the land had been converted as dry land more than 20 years ago. An order in the nature of Exhibit-P7 should be passed only after notice to the concerned persons and after hearing them. Leaving other contentions open, I direct the Revenue Divisional Officer to treat Exhibit-P7 as a show cause notice. Petitioner will be entitled to file objections thereto within four weeks from the date of receipt of a copy of this judgment. Thereafter a hearing shall be convened and a W.P ( C) No.19791 of 2009 2 reasoned order may be passed by the RDO, including on the question as to whether he has jurisdiction to pass an order under the Kerala Conservation of Paddy Land and Wet Land Act 2008 and in the course of the same, he may also consider whether he has jurisdiction to pass an order under the Kerala Land Utilisation Order. Obviously, since Ext.P7 is directed to be treated only as a show cause notice, coercive proceedings shall not be taken except after final orders are passed by the Revenue Divisional Officer. This shall be done within four months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.19791 of 2009 3 W.P ( C) No.19791 of 2009 4