IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34668 of 2010(G) -------------------------- PETITIONER: ------------------- JOSE ALUKKAS, S/O.VARGHESE, ALUKKA HOUSE, MISSION QUARTERS, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT: -------------------- THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER, SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ------------------------- W.P (C) No.34668 of 2010 -------------------------- Dated this the 18th November, 2010 J U D G M E N T Petitioner owns 46 cents of land in Sy. No.374/1 of Nettissery in Thrissur Taluk. He was issued Ext.P2 show cause notice, with the allegation of reclamation of paddy land and with the proposal to confiscate Hitachi Ex 120 vehicle and scheduling a hearing in the chamber of the Collector on 27.8.2010. 2. On receipt of the show cause notice, petitioner filed Ext.P3 reply. However, Ext.P4 order has been passed by the first respondent exercising his powers under Section 13 of the Act 28 of Kerala Conservation of Paddy Lands and Wet Lands Act, 2008 directing the petitioner to restore the paddy land into its original position. It is challenging Ext.P4, this writ petition is filed. 3. Although it is A fact that against an order passed under Section 13 of the Act, revisional remedy under Section 28 of the Act is available to the Government in the facts of the case, I feel that it is not necessary to pursue that remedy. This is for the reason in Ext.P2 show W.P (C) No.34668 of 2010 2 cause notice, there is absolutely no proposal to initiate proceedings against the petitioner under Section 13 of the Act. Therefore, petitioner did not have an opportunity to contest that allegation. In that view of the matter, I cannot sustain Ext.P4. Therefore, quashing Ext.P4, this writ petition is disposed of leaving it open to the respondents to initiate fresh proceedings against the petitioner, if necessary, under Section 13 of the Act 28 of Kerala Conservation of Paddy Lands and Wet Lands Act, 2008 as well. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge