IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34109 of 2008(I)
1. MUHAMMEDUNNI
... Petitioner
Vs
1. VILLAGE OFFICER,THIRUVALI VILLAGE
... Respondent
2. REVENUE DIVISIONAL OFFICER
3. DISTRICT COLLECTOR,MALAPPURAM DISTRICT
4. PARAPURAVAN SHOUKATH,THIRUVALI
For Petitioner :SRI.MANSOOR.B.H.
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :19/11/2008
O R D E R
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