IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26621 of 2010(C) ---------------------------------- PETITIONER(S): -------------------------- 1. K.VIJAYAN,S/O.KESAHAVAN NAIR,AGED 58 YEARS,K.K.NIVS,KULAKKADA PO,KOTTARAKARA. 2. RAMACHANDRAN PILLAI,S/O.NARAYANA PILLAI, AGED 67 YEARS,ASHWATHY BHAVN,KULAKKADA PO, KOTTARAKARA. 3. SHISHUMONY,S/O.GEORGE,SHIBIN BHAVAN, KULAKKADA PO,KOTTARAKARA. 4. PRABHAKARAN PILLAI,S/O.KUNJAN PILLAI, PRANAVAM,KULAKKADA PO,KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): ---------------------- 1. THE REVENUE DIVISIONAL OFFICER, CIVIL LINES,COLLECTORATE,KOLLAM. 2. THE ADDL.TAHASILDAR,TALUK OFFICE, KOTTARAKARA. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.26621 OF 2010 ------------------------------- Dated this the 20th day of August, 2010 J U D G M E N T The petitioners are aggrieved by Ext.P3 order by the Revenue Divisional Officer, Kollam passed under the Kerala Conservation of Paddy Land and Wet Land Act. The petitioners contend that, that order was passed without an opportunity of being heard to the petitioners. 2. I have heard the learned Government Pleader also. The learned Government Pleader submits that, that order is in respect of nine persons and they were commonly heard in the matter as the cause of action is common. Even if the cause of action is common, I am of opinion that each person affected by the order is entitled to be heard as of right. That being so, in so far as Ext.P3 has been passed without hearing the petitioners, that cannot now be implemented against the petitioners. However, I am of opinion that Ext.P3 can be treated as a show cause notice in respect of the petitioners. Accordingly, the writ petition is disposed of with the following directions: W.P.(c)No.26621/10 2 The first respondent shall treat Ext.P3 as a show cause notice issued to the petitioners. The petitioners shall file their objections to the same within two weeks. Thereupon, the Revenue Divisional Officer shall pass fresh orders in respect of the petitioners, after affording an opportunity of being heard to the petitioners as expeditiously as possible. Needless to say, till fresh orders are passed, Ext.P3 shall not be enforced against the petitioners. I make it further clear that this shall be only in respect of the petitioners and the order against the other persons included in Ext.P3 shall stand unless they challenge the same separately. S. SIRI JAGAN, JUDGE acd W.P.(c)No.26621/10 3 W.P.(c)No.26621/10 4