IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34435 of 2010(D)
1. SR.AGNUS,THE PRINCIPAL,CARMEL ENGLISH
... Petitioner
2. SR.JEESA MARIA,THE MANAGER,
Vs
1. THE VILLAGE OFFICER,THAKAZHY,
... Respondent
2. THE TAHSILDAR,KUTTANAD,ALAPPUZHA.
3. THE AGRICULTURAL OFFICER,THAKAZHY,
4. THE REVENUE DIVISIONAL OFFICER,
5. THE DISTRICT COLLECTOR,ALAPPUZHA.
6. STATE OF KERALA,REPRESENTED BY THE CHIEF
For Petitioner :SRI.R.BINDU (SASTHAMANGALAM)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/11/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 34435 OF 2010
=====================
Dated this the 16th day of November, 2010
J U D G M E N T
Petitioners are aggrieved by Ext.P5, a notice issued by the
4th respondent alleging that the petitioners have converted land in
violation of the provisions contained in Act 28 of 2008 and
ordering that if land is not restored to its original position,
prosecution will be launched against them. Apart from
contending that the allegations in Ext.P5 are incorrect, petitioners
have invited my attention to Ext.P2, a report dated 25/4/2007 of
the Revenue Divisional Officer himself, which according to the
petitioners prove that the position is contrary to what is alleged in
Ext.P5.
2. Irrespective of the contentions raised by the petitioners
on the merits of the allegations, I feel, having regard to the fact
that Ext.P5 was issued without any prior notice to the petitioners,
further proceedings pursuant to Ext.P5 cannot be continued.
3. Therefore, I direct that Ext.P5 be treated as a notice
calling upon the petitioners to file their objections and that once
objections are filed in response to Ext.P5, the 4th respondent shall
WPC No. 34435/10
:2 :
hear the petitioners and pass orders in the matter. It is directed
that it will be open to the petitioners to file objections to Ext.P5
within two weeks from today, in which event, notice will be issued
and the petitioners will be heard and orders will be passed in the
manner as directed. Needless to say that since Ext.P5 is directed
to be treated as only a notice, no coercive action based on Ext.P5
can be continued until the proceedings are finalised as above.
4. Petitioners shall produce a copy of this judgment
along with a copy of this writ petition before the 4th respondent for
compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp