IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35174 of 2008(K) ------------------------------------------ PETITIONER(S): ------------------------ KANJIRAKADAVATH HYDROSE HAJI, S/O.LATE MOIDEEN, AGED 59 YEARS, AGRICULTURIST, KANJIRAKADAVATH-PALUR, PULAMANTHOLE P.O., PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPAGATH RESPONDENT(S): --------------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, PULAMANTHOLE, PERINTHALMANNA, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.35174 of 2008 -------------------------- Dated this the 28th November, 2008 J U D G M E N T I heard learned counsel for the petitioner and learned Government Pleader. Petitioner purchased an extent of 2 acre and 84 cents in R.S No.93/1 of Perinthalmanna Taluk in Pulamanthole village under Exhibit-P1 document. According to him, the property is having coconut trees aged about 25 years and also planted with rubber trees. For the last 24 years, it was not used for paddy cultivation. Petitioner is aggrieved by Exhibit-P5 notice issued by the 2nd respondent requiring him to cultivate the land with paddy. He submits that Exhibit-P5 has been issued without prior notice to him and without hearing him. Learned Government Pleader points out that Exhibit-P5 need only be treated as a show cause notice and it is open to the petitioner to approach the Revenue W.P ( C) No.35174 of 2008 2 Divisional Officer to demonstrate that the land is not suitable for paddy cultivation and for the last 24 years, it is cultivated with rubber and coconut trees. In the result, the writ petition is disposed of declaring that Exhibit-P5 may be treated as a show cause notice. Petitioner may appear before the Revenue Divisional Officer, submit his objections, in the manner aforementioned, within three weeks from today. Thereupon, a reasoned order shall be passed taking note of the objections filed by the petitioner within three weeks thereafter. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 2nd respondent, for compliance. (V.GIRI,JUDGE) ma W.P ( C) No.35174 of 2008 3 W.P ( C) No.35174 of 2008 4