IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 22176 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- C.R.GOPALAKRISHNAN NAIR, AGED 74 YEARS, S/O.LATE RAGHAVA PANICKER, CHALAPPURATH HOUSE, MULAKKULAM SOUTH PO, KOTTAYAM. BY ADV. MR.N.P.SETHU RESPONDENT(S): ---------------------------- 1. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. THE THAHSILDAR, VAIKKOM TALUK, KOTTAYAM. 4. REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, PALA. 5. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 TO R5 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.22176 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of August, 2009. JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. The petitioner faces an order issued under the Land Conservancy Act. That decision Ext.P4 does not even disclose that the petitioner was given a pre-decisional notice. Even if pre-decisional notice was dispensed with, that should have been expressed. The petitioner has filed Ext.P5 appeal against Ext.P4. In my view, that is of now consequence because the petitioner was entitled to be heard and was to be given an opportunity to show cause against confirming the tentative decision contained in Ext.P4. Accordingly, Ext.P5 appeal is struck off from the file of the RDO and WP(C)22176/09 -: 2 :- it is ordered that Ext.P4 will be taken as a provisional decision and the petitioner will be entitled to file objections to that within a period of three weeks from now. The competent authority will then hear the petitioner and finalise proceedings within a further period of 45 days. Until such decision is taken, Ext.P4 shall not be enforced. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070809