IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17865 of 2008(B) ---------------------------------- PETITIONERS: ----------------- 1. BHARATH.M.SACHIDEV, S/O.MOOLGY VITTALDAS SACHIDEV, CHITTAGHOSH APARTMENTS, ARCHIES GALLERY, THANE (W), MUMBAI - 400 610. 2. SMT.NEERAJ BHARATH SACHIDEV, W/O.BHARATH M.SACHIDEV, -DO- -DO-. 3. GURUVAYOOR GOVIND SHANKAR KRISHNAN, GLADIS, ANVERSE ROAD, LOKRAN ROAD No.2, THANE MUMBAI-400 610. 4. BHAVANA KRISHNAN, W/O.GOVIND SHANKAR KRISHNAN, -DO- -DO-. BY ADV. SRI. GRASHIOUS KURIAKOSE RESPONDENTS: ------------------- 1. SUB COLLECTOR, MANANTHAVADAY, WAYANAD DISTRICT. 2. THE MATHANKODE PADASEKHARA NELLULPADAKA SAMITHI, CHERUKATTOOR PO., REP. BY ITS SECRETARY BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17865 OF 2008 ---------------------------------------- Dated this the 16th day of June, 2008 JUDGMENT The petitioners are aggrieved by Ext.P3 notice, which reads thus: “Whereas the land specified below and situated in the village of Cherukattor in the Taluk of Mananthavady District Wayanad which was under paddy cultivation in the last year and during the three years immediately preceding the commencement of the KLU Order 1967 is attempted to be converted by making road of 250 Mx6Mx 1.5M dimensions, without any permission. In spite of giving chance for hearing on 2.6.2008 by issuing hearing notice, you have not appeared. Petitioners were present and submitted their contentions. Therefore you are directed to reconvert the land to original position within 7 days and cultivate with paddy within 30 days from today. Your are also directed to appear before this office on 10.6.08 at 12A.M. with all documents regarding this land. If your are not restoring the land to original position within 7 days, then it will be done by use of force as section 12 of the KLU Order 1967. In addition if paddy is not cultivated within 30 days, then Form E will be issued to auction the land to other person for doing paddy cultivation. W.P.(c)No.17865/08 2 ----------------------------------------------------------- District Taluk Village Sy.No. Classifi- extent cation ------------------------------------------------------------ Wayanad Mananthavady Cherukattoor 197/1& Wet land Portion 197/5 where conversion is done” 2. The learned Government Pleader submits that as is clear from the notice itself, the petitioners were directed to appear before the 1st respondent on 10.6.2008 for a hearing. 3. The learned counsel for the petitioners submits that although they actually did not receive Ext.P3 or the earlier notice referred to in Ext.P3, they had appeared for the hearing on 10.6.2008 and submitted their objections. That being so, the 1st respondent has to consider the contentions of the petitioners in the hearing on 10.6.2008 before further proceedings are taken on Ext.P3. Accordingly, this writ petition is disposed of with a direction to the 1st respondent not to enforce Ext.P3 without passing a considered order dealing with the contentions of the petitioners, against which the petitioners can file an appeal as provided under the Act, if the order is adverse to the petitioner. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.17865/08 3