IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 20728 of 2009(I) -------------------------- PETITIONER: --------------- PRASANNA, AGED 47 YEARS, W/O.SARASAN, ASWATHY BHAVAN, EDACADU MURI, PORUVAZHY VILLAGE, KOLLAM DISTRICT. BY ADV. MR. P.V.DILEEP RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, KOLLAM, COLLECTORATE, KOLLAM. 2. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOLLAM. 3. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KUNNATHUR, KOLLAM DISTRICT. 4. THE VILLAGE OFFICER, PORUVAZHY VILLAGE OFFICE, KUNNATHUR, KOLLAM DISTRICT. BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI,J. ------------------------- W.P ( C) No. 20728 of 2009 -------------------------- Dated this the 31st July,2009 J U D G M E N T Petitioner's husband is the owner of 10.60 Ares of property referred to in Ext.P1. Petitioner's husband is working in Gulf country. It is contended that though the land is described as paddy land in the revenue records, it has not been used of paddy cultivation for the last more than 20 years. Petitioner's husband had planted rubber trees in the property even prior to the year 2007. A complaint was filed before the RDO alleging infraction of the provisions of Kerala Conservation of Paddy Lands and Wet Lands Act and the Kerala Land Utilisation Order. Second respondent called for a report from the 3rd respondent and based on the same Ext.P2 proceedings have been issued requiring the petitioner to remove the rubber trees. This has been challenged in the writ petition. 2. Learned Government Pleader, on instructions, submits that notice was issued to the petitioner's husband. He is not in station. It is only appropriate that the petitioner, the wife of the property owner be heard. Ext.P2 shall be W.P ( C) No. 20728 of 2009 2 treated as a show cause notice and petitioner shall file a detailed objections thereto, within four weeks from the date of receipt of a copy of this judgment along with copy of the writ petition before the 2nd respondent. Thereafter, an enquiry shall be conducted . The 2nd respondent shall pass final orders after notice to any other complainant, as well, within three months from the date of receipt of a copy of this judgment. Status quo prevailing as on date, shall continue, till orders are passed by the RDO. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 20728 of 2009 3 W.P ( C) No. 20728 of 2009 4