IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 5727 of 2008(F) ------------------------- PETITIONER: ------------ RATNAVALLY, KAVUNGAL HOUSE, VARAVUR, THALAPPILLY, TRICHUR. BY ADV. SRI.P.C.SASIDHARAN SRI. E.S. ASHRAF RESPONDENTS: ------------- 1. THE REVENUE DIVISIONAL OFFICER, R.D.O'S OFFICE, TRICHUR. 2. THE TAHSILDAR, THALAPPILLY TALUK, TALUK OFFICE, VADAKKANCHERRY. BY GP. SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5727 of 2008(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 29.1.2008. EXT.P2: REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.D.O. DTD. 7.2.2008. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 5727 OF 2008 = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. J U D G M E N T The petitioner is aggrieved by proceedings under the Kerala Land Utilisation Order initiated by Ext.P1 notice. The petitioner has already filed Ext.P2 explanation to Ext.P1. Petitioner's grievance is that Ext.P1 is not merely a notice but an order directing the petitioner to restore the property to its original state failing which the petitioner is threatened with proceedings under the Essential Commodities Act. The contention of the petitioner is that the Revenue Divisional Officer has no powers under the Essential Commodities Act. All these matters can be considered by the Revenue Divisional Officer at the time of passing final orders pursuant to Exts.P1 and P2 treating Ext.P1 as a notice to show cause as to why the petitioner should not be directed to restore the property to its original state. Accordingly this writ petition is disposed of with the following directions: The 1st respondent shall pass a final reasoned order in the matter after considering Ext.P2 objections submitted by the W.P.(C).No. 5727 OF 2008 2 petitioner with opportunity of being heard to the petitioner. Till final orders are so passed, the interim order dated 18.2.2008 passed by this court in this writ petition shall continue to be in force. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE bkn/-