Kerala High Court
M/S.Poabs Group Enterprises vs Taluk Land Board on 28 July, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2014/14TH KARTHIKA, 1936
CRP(LR).No. 400 of 2012 (D)
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AGAINST THE ORDER IN C5-13236/86/TLB/PEERUMEDU of TALUK LAND BOARD,
PEERMEDU DATED 28-07-2012
PETITIONER(S)/REVISION PETITIONER/PETITIONER:
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M/S.POABS GROUP ENTERPRISES,
KUTOOR.P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
REPRESENTED BY THE MANAGING DIRECTOR, JOSEPH JACOB.
BY ADV. SRI.N.JAMES KOSHY
RESPONDENT(S): RESPONDENTS:-
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1. TALUK LAND BOARD, PEERUMEDU,
REPRESENTED BY ITS CHAIRMAN (DEPUTY COLLECTOR (LR).
2. TAHSILDAR
PEERUMADE, IDUKKI DISTRICT.
3. SAILESH MOHAN SHARMA,
DIRECTOR (CBS GROUP), RAM BAHADUR TAKUR (RBT) LTD.
DULMAN BUILDING, MAVUR ROAD, WELLINGTON ISLAND,
KOCHI-683 003.
4. MANISH MOHAN SHARMA,
DIRECTOR (MMS GROUP), RAM BAHADUR TAKUR (RBT) LTD.,
SIDHARTH BUILDING, WELLINGTON ISLAND,
KOCHI-682 003.
5. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, THIRUVANANTHAPURAM.
6. REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANIZATION,
SUB REGIONAL OFFICE, CHALAKUZHI BUILDING,
CMS COLLEGE ROAD, KOTTAYAM-686 001.
R1,R2 & 5 BY SPL.GOVERNMENT PLEADER SMT.SUSHEELA R BHAT.
R4 BY ADV. SRI.DEVAN RAMACHANDRAN
R6 BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION.
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD ON
05-11-2014, ALONG WITH CRPLR. 409/2012, CRPLR. 417/2012, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
APPENDIX IN CRP (LR) 400/2012
ANNEXURE 1 TRUE COPY OF ATTACHMENT ORDER NO.KR/KTM/266/Recovery/
2001-02 DATED 21.8.2001 ISSUED BY THE 6TH RESPONDENT
TO 3RD RESPONDENT.
ANNEXURE 2 TRUE COPY OF PROCLAMATION OF SALE NO.
KR/KTM/RBT/Rec./Enf.I (6)/2008 DATED 16.4.2008
ISSUED BY THE 6TH RESPONDENT TO 3RD RESPONDENT.
ANNEXURE 3 TRUE COPY OF SALE CERTIFICATE OF IMMOVABLE
PROPERTY DATED 18.9.2008 EXECUTED BETWEEN THE
6TH RESPONDENT AND REVISION PETITIONER.
ANNEXURE 4 TRUE COPY OF JUDGMENT IN WP (C) NO.23797/2009
DATED 18.12.2009 OF THE HON'BLE HIGH COURT OF KERALA
ERNAKULAM.
ANNEXURE 5 TRUE COPY OF ORDER NO.C5-13236/86 DATED 2.6.2009
ISSUED BY THE 1ST RESPONDENT.
ANNEXURE 6 TRUE COPY OF INTERIM ORDERS OF EXTENSION OF STAY
AND ITS EXTENSION IN W.P (C) NO.371/2010 DATED
6.1.2010 AND 14.7.2010 OF THE HON'BLE HIGH COURT OF
KERALA, ERNAKULAM.
ANNEXURE 7 TRUE COPY OF PETITION DATED 25.1.2010 MINUS ANNEXURES
FILED UNDER SECTION 85(8) BEFORE THE SECOND
RESPONDENT BY THE PETITIONER.
ANNEXURE 8 TRUE COPY OF JUDGMENT C.R.P.NO.199 OF 2010 DATED
14.10.2011 OF THE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM.
ANNEXURE 9 CERTIFIED COPY OF THE PROCEEDINGS NO.C5-13236/86/TLB/
PEERUMEDU DATED 28.7.2012 OF THE TALUK LAND BOARD,
PEERUMADE ALONG WITH POSTAGE COVER SHOWING THE
ORDER IS SERVED ON THE PETITIONER.
ANNEXURE 10 TRUE COPY OF APPLICATION DATED 21.7.2012 SUBMITTED
BY SRIU.SAILESH MOHAN SHARMA (3RD RESPONDENT)
BEFORE THE TALUK LAND BOARD.
ANNEXURE 11 TRUE COPY OF STATEMENT SUBMITTED BY THE THIRD
RESPONDENT DATED 22.7.2011 BEFORE THE HON'BLE
MINISTER FOR REVENUE, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM.
RESPONDENTS EXHIBITS:
EXT.R4(a) TRUE COPY OF THE AFFIDAVIT BY THE PETITIONER HEREIN FILED
BEFORE THE CLB DATED 15.7.2010.
EXT.R4(b) TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD DATED
18.9.2012.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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C.R.P (LR) Nos.400, 409 & 417 of 2012
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Dated this the 5th day of November, 2014
O R D E R
The Taluk Land Board by order dated 13.11.1976 directed the declarant - Travancore Tea Estates - to surrender 1444.36 acres as in excess of its ceiling area. The declarant since sold the entire property with the liability to M/s.Ram Bahadur Takur Ltd. It is conceded that the assignee has already surrendered 1016.21 acres towards the liability. The only dispute is as regards the identity of the balance extent of 428.15 acres to be surrendered as in excess.
2. M/s.Ram Bahadur Takur Ltd. has now fragmented into two groups - CBS group and MMS group - and these groups are manning the different portions of the Company. Proceedings between the two groups are now pending before the Company Law Board, Delhi. The internecine quarrel between the two groups cannot further delay the surrender of the remaining extent of 428.15 acres.
3. The CBS group contends that the liability to surrender the remaining extent has to be shouldered by the two groups equally. MMS group on the other hand CRP (LR) Nos.400, 409 & 417/2012 2 contends that a larger extent of land has already been surrendered by it towards liability. How best the liability can be divided by the two groups is left open to be decided by the Taluk Land Board. The Taluk Land Board is duty bound to finalise the identity of excess lands in accordance with Section 85(6) of the Kerala Land Reforms Act, 1963.
4. I permit both the groups - CBS and MMS - of M/s.Ram Bahadur Takur Ltd. to file option statements. Such statements indicating the identity of the lands to be surrendered shall be filed before the Taluk Land Board. The same shall be done within a period of three weeks from today. The Taluk Land Board shall hear the representatives of both the groups and come to a just decision. I hasten to add that M/s.Poabs Group Enterprises who is an auction purchaser of a portion of the Estate shall also be heard even though it has no right to file any option statement.
5. The option statements if any filed by the two groups shall be considered untrammelled by the orders impugned in these Civil Revision Petitions. The Taluk Land Board shall pass final orders on the basis CRP (LR) Nos.400, 409 & 417/2012 3 of the option statements within a period of 4 months from today.
The Civil Revision Petition (Land Reforms) are disposed of as above. No costs.
Sd/-
V.CHITAMBARESH, Judge.
nj.