IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 12478 of 2009(D) ------------------------------------- PETITIONER(S): ------------------------ 1. SOMAN NAIR, RESIDING AT THAYYILVADAKKETHIL, KODUMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. JOHN MATHEW, RESIDING AT VELIYATHU, KODUMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADVS.MR.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE RESPONDENT(S): -------------------------- 1. REVENUE DIVISIONAL OFFICER, ADOOR, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA. 2. VILLAGE OFFICER, KODUMON, VILLAGE OFFICE, KODUMON, PATHANAMTHITTA. 3. MATHUKUTTY YOHANNAN, SANTHOSH VILLA, KODUMON, PATHANAMTHITTA. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12478/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER BEARING NO.B3-1991/09 DT. 31.3.09 OF THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE TSS V.GIRI, J ------------------- W.P.(C).12478/2009 -------------------- Dated this the 23rd day of June, 2009 JUDGMENT 1st petitioner claims to be the owner of 19 cents and the 2nd petitioner is the owner of 93 cents of property in different survey numbers in Koduman Village. The property, according to the petitioners, was cultivated with ginger, vegetables, Banana plantain, tapioca etc. 3rd respondent apparently raised an objection before the 1st respondent that the petitioners have converted their land without getting appropriate permission under the Land Utilisation Order. Petitioners were then served Ext.P1 order by the 1st respondent, RDO, requiring them to remove the rubber plants within two days. This has been challenged in the writ petition. 2. If the RDO feels that action will have to be taken against any person under the Land Utilisation Order, he is entitled to do so and he can pass final order only after notice to the affected persons. In the W.P.(C).12478/2009 2 circumstances, Ext.P1 shall be treated as show cause notice issued by the RDO. Petitioners shall be entitled to file objections and final orders shall be passed by the 1st respondent after hearing the petitioners as also the 3rd respondent within three months from the date of receipt of a copy of this judgment. Needless to say that since Ext.P1 is directed to be treated as show cause notice, any further coercive action will have to abide by the final orders passed by the RDO. Writ petition is disposed of as above. V.GIRI, Judge mrcs