Kerala High Court
Glen Leven Estates (P) Ltd vs State Of Kerala on 19 July, 1978
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY,THE 17TH DAY OF NOVEMBER 2014/26TH KARTHIKA, 1936
WP(C).No. 25801 of 2007 (V)
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PETITIONER(S) :
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GLEN LEVEN ESTATES (P) LTD.,
VARAYAL P.O., PERIYA VILLAGE, MANANTHAVADY,
WAYANAD DISTRICT, REPRESENTED BY ITS MANAGER, MOIDUTTY,
S/O.POCKU KOTTEKKARAN, AGED 44 YEARS.
BY ADVS.SRI.BIJU ABRAHAM
SRI.B.G.BHASKAR
RESPONDENT(S) :
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FOREST DEPARTMENT, SECRETARIAT, TRIVANDRUM.
2. CHIEF CONSERVATOR OF FORESTS AND
CUSTODIAN OF ECOLOGICALLY FRAGILE LAND, TRIVANDRUM.
3. DIVISIONAL FOREST OFFICER,
NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD.
BY SRI.K.V.VISWANATHAN (SENIOR ADVOCATE)
BY SPL.GOVT.PLEADER SRI.M.P.MADHAVANKUTTY, FOREST
SRI.V.P.YOOSAF, ADVOCATE COMMISSIONER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-10-2014 , ALONG WITH W.P.(C).NO.26691 OF 2010 AND CONNECTED
CASES, THE COURT ON 17-11-2014 DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 25801 of 2007 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : A TRUE COPY OF THE ORDER DATED 19TH JULY 1978 OF
THE FOREST TRIBUNAL, KOZHIKODE IN O.A.NO.148 OF 1976.
EXHIBIT P2 : A TRUE COPY OF THE ORDER DATED 14.12.1981 OF THE HIGH COURT
OF KEALA IN MFA 505 AND 542 OF 1978.
EXHIBIT P3 : A TRUE COPY OF THE PLAN PREPARED BY THE FOREST
DEPARTMENT AND HANDED OVER TO THE PETITIONER AT THE TIME
OF THE RETURN OF THE PROPERTY TO THE PETITIONER ON
24.06.1995 HAVING AN EXTENT OF 61.25 ACRES IN SY.174/1B1, IA & 1B2
PARTS OF PERIA VILLAGE IN MANATHAVADY TALUK OF WAYANAD
DISTRICT.
EXHIBIT P4 : A TRUE COPY OF THE PALAN PREPARED BY THE FOREST
DEPARTMENT AND HANDED OVER TO THE PETITIONER AT THE TIME
OF THE RETURN OF THE PROPERTY TO THE PETITIONER
ON 24-06-1995 HAVING AN EXTENT OF 62.50 ACRES IN SY.NO.173/1A1,
173/1A2, 173/2 PART OF PERIA VILLAGE IN MANANTHAVADY TALUK OF
WAYANAD DISTRICT.
EXHIBIT P5 : A TRUE COPY OF THE ORDER OF THIS COURT DATED 03.07.1995
IN CCC 158 OF 1995.
EXHIBIT P6 : A TRUE COPY OF THE ORDER OF THIS COURT DATED 24.02.2003 IN
OP 4353 OF 1996.
EXHIBIT P7 : A TRUE COPY OF THE ORDER OF THIS COURT DATED 07.03.2006 IN
WA 1449 OF 2003.
EXHIBIT P8 : A TRUE COPY OF THE ORDER IN CMA 12/2007 OF THE SUB COURT,
SULTHAN BATHERY DATED 18TH JULY2007.
EXHIBIT P9 : A TRUE COPY OF THE SAID NOTICE BY THE THIRD RESPONDENT
DATED 09.08.2004 SERVED ON THE PETITIONER ON 11.08.2007.
EXHIBIT P10 SERIES: A TRUE COPY OF THE ARREST MEMO OF K.MOIDUTTY,
RIYAS, KELU AND RAJAN, DATED 28.11.2007 BY
BY THE FOREST DEPARTMENTS.
EXHIBIT P11: A TRUE COPY OF THE REPORT OF THE COMMISSIONER
DATED 10.05.2007 FILED IN O.S.NO.70 OF 2007 ON THE FILE OF
THE MUNSIFF OF MANANTHAVADY.
EXHIBIT P11(IN I.A.NO.16425 OF 2007) : A TRUE COPY OF MATERIAL OBJECTS
TAKEN INTO CUSTODY BY THE FOREST
OFFICIALS AND PRODUCED BEFORE
THE J.F.M.COURT-1 MANANTHAVADY,
DATED 28.11.2007.
Msd.
WP(C).No. 25801 of 2007 (V)
EXHIBIT P12: A TRUE COPY OF THE MAHAZAR DATED 28.11.2007 PREPARED BY
THE FOREST RANGE OFFICER, PERIYA.
EXHIBIT P13: A TRUE COPY OF THE RECEIPT OF PLANTATION TAX REMITTED BY
THE PETITIONER ON 15.12.2007 BEFORE THE VILLAGE OFFICER,
PERIYA.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R2(A): TRUE COPY OF NOTIFICATION PUBLISHED IN KERAL GAZETTE
NO.33 DATED 14.08.2007.
//TRUE COPY//
P.S.TO JUDGE.
Msd.
M.N.KRISHNAN, J
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W.P.(C) No.25801 OF 2007
& IA No.16425/2007
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Dated this the 18th day of December 2007
O R D E R
Larger contentions are raised in the petition regarding the non- maintainability of the writ petition as well as the very institution of the suit. I feel as the court closes for X'mas holidays tomorrow, this Court will not be in a position to take any decision at this stage. I am informed that there are trees from where yield has to be taken. Otherwise it will get destroyed. Without deciding the major issues it may not be proper to pass even a direction regarding possession at this stage.
2.Therefore in the interest of both the parties concerned, this Court feels an interim arrangement has to be done. The interim arrangement can be only in the form of permitting the usufructs to be taken and the value deposited in the court so that the ultimate winner in the case can take the amount from the court. It is also necessary that to know what is the correct usufructs that is being received it must be under the supervision of one of the officers of the court, viz., a Commissioner.
3. Therefore, I direct the Commissioner appointed by the Munsiff in -:2:- the suit to supervise while the usufructs are being taken and it can be sold and the amount can be deposited in the court. The forest officials can also be present when usufructs are being taken. Therefore I appoint Sri.V.P.Yousuff, Advocate, Mananthavady as the Commissioner to supervise and also collect the usufructs from the property in dispute, sell it in auction and deposit the amount before the Mananthavady court in the suit account and further I permit the forest officials are to be present when the usufructs are taken under the supervision of the Commissioner. The Commissioner shall give sufficient notice to both sides before proceeding with the work and I hope that both sides will co-operate fully for implementation of this order so as to avoid wastage of usufructs from the property. It is made clear that other than collecting usufructs from the property by the Commissioner no other work need be done in the property till 1.1.2008.
Post the case along with W.P.(C)No.25867/2007 on 1.1.2008.
M.N.KRISHNAN, JUDGE Cdp/-
HO