Prabhakaran Pillai vs The Revenue Divisional Officer on 15 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19791 of 2009(T)


1. PRABHAKARAN PILLAI,
                      ...  Petitioner

                        Vs



1. THE REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

2. THE TAHSILDAR,

                For Petitioner  :SRI.ALEXANDER GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :15/07/2009

 O R D E R
                              V.GIRI,J.
                        -------------------------
                  W.P ( C) No.19791 of 2009
                       --------------------------
                  Dated this the 15th July,2009

                         J U D G M E N T

Petitioner is aggrieved by Ext.P7 order passed by the

Revenue Divisional Officer requiring him to remove all

the earth deposited in his property. Petitioner challenges

Exhibit-P7 on several grounds including the ground that

it is without jurisdiction and at any rate , it is violative of

the principles of natural justice in as much as that the

petitioner was not heard before Exhibit-P7 order was

passed. It is further contended that the land had been

converted as dry land more than 20 years ago. An order

in the nature of Exhibit-P7 should be passed only after

notice to the concerned persons and after hearing them.

Leaving other contentions open, I direct the Revenue

Divisional Officer to treat Exhibit-P7 as a show cause

notice. Petitioner will be entitled to file objections thereto

within four weeks from the date of receipt of a copy of this

judgment. Thereafter a hearing shall be convened and a

W.P ( C) No.19791 of 2009
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reasoned order may be passed by the RDO, including on

the question as to whether he has jurisdiction to pass an

order under the Kerala Conservation of Paddy Land and

Wet Land Act 2008 and in the course of the same, he may

also consider whether he has jurisdiction to pass an order

under the Kerala Land Utilisation Order. Obviously, since

Ext.P7 is directed to be treated only as a show cause notice,

coercive proceedings shall not be taken except after final

orders are passed by the Revenue Divisional Officer. This

shall be done within four months from the date of receipt

of a copy of this judgment.

Writ petition is disposed of as above.

(V.GIRI,JUDGE)
ma

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