IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1356 of 2008(J) ------------------------- PETITIONER: ------------ K.V.SREEDHARAN, S/O.P.K.RAMA PODUVAL, AGED 51 YEARS, RESIDING AT THIRUVATHIRA, AMBIKA ROAD, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH SRI.V.G.SALEESH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KANNUR-1. 2. THE TAHSILDAR (RR), KANNUR-1. 3. THE INTELLIGENCE OFFICER, INSPECTING ASST. COMMISSIONER, (INTELLIGENCE), KANNUR. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1356 of 2008 ------------------------------------- Dated: January 11, 2008 JUDGMENT Petitioner challenges Exts.P4 and P5 which discloses that proceedings have been initiated against under sec.65 of the Revenue Recovery Act. By Ext.P4 he has been informed that grounds do exist for initiating proceedings under sec.65 of the Act and along with that Ext.P5 show cause notice has also been issued. The apprehension of the petitioner is that on the facts that are stated in Ext.P4, the 1st respondent has already concluded that the petitioner is liable to be arrested and detained in prison in exercise of his power under sec.65 of the Revenue Recovery Act. 2. In my view Exts.P4 and P5 need be taken only as notices calling upon the petitioner to show cause why an order under sec.65 of the Act should not be passed. If what is pleaded was the factual situation, there was no necessity for the 1st respondent to issue Ext.P5 show cause notice. If that be so, there cannot be any basis for the apprehension now entertained by the petitioner. WP(C) 1356/2008 Page numbers 3. In view of the position as above, I direct that the petitioner will be permitted to appear before the 1st respondent and show cause against Exts.P4 and P5 and he will be heard on the proceedings. Thereafter final orders will be passed pursuant to Exts.P4 and P5. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-