IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34109 of 2008(I) -------------------------- PETITIONER(S): --------------- MUHAMMEDUNNI PUTHIYATHU, THIRUVALI VILLAGE, VANDOOR,NILAMBUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. VILLAGE OFFICER,THIRUVALI VILLAGE THIRUVALLI, NILAMBUR. 2. REVENUE DIVISIONAL OFFICER PERINTHALMANNA. 3. DISTRICT COLLECTOR,MALAPPURAM DISTRICT 4. PARAPURAVAN SHOUKATH,THIRUVALI PERINTHALMANNA. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34109/2008 -------------------- Dated this the 19th day of November, 2008 JUDGMENT Petitioner is aggrieved by Ext.P2 order passed by the RDO under Section 3(2)(b) of the Essential Commodities Act, requiring the petitioner to cultivate the land belonging to the petitioner's son and in possession of the petitioner, after removing the earth by which the land has been filled up with. Obviously, Ext.P2 can only be treated as one under the provisions of the Land Utilization Order. I am not inclined to consider the contentions against Ext.P2 on merits at this stage essentially because Ext.P2 is only liable to be treated as a tentative notice. In the result, writ petition is disposed of directing the second respondent, RDO, to consider Ext.P2 as a provisional notice. Petitioner may file objections to Ext.P2 within three weeks from today in which case RDO shall consider such objections, hear the petitioner and the fourth respondent and pass final W.P.(C).34109/2008 2 orders under the Land Utilization Order, within one month from the date on which objections are filed. There shall not be any coercive action pursuant to Ext.P2 in circumstances where it is directed to be treated as a show cause notice. V.GIRI, Judge mrcs