Kerala High Court
Balanoor Plantations & Industries Ltd vs State Of Kerala on 23 September, 1974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF JUNE 2018 / 30TH JYAISHTA, 1940
WP(C).No. 9391 of 2008
PETITIONERS :
1 BALANOOR PLANTATIONS & INDUSTRIES LTD.,
EMPIRE INFANTRY, 3RD FLOOR,
INFANTRY ROAD, BANGALORE 560 001,
REP. BY ITS EXECUTIVE CORPORATE AFFAIRS,
MR.ZACHARIAH KURIYAN.
2 ZACHARIAH KURIYAN,
ASHOKA ROAD, MOUNT WARDHA,
KANJIKUZHY, KOTTAYAM-686004.
BY ADVS.SRI.JOSEPH KODIANTHARA (SR.)
SRI.MATHEWS K.UTHUPPACHAN
SRI.TERRY V.JAMES
RESPONDENTS :
1. STATE OF KERALA,
REPRESENTED BY THE SPECIAL SECRETARY (LAW),
LAW (LEGISLATION-A) DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM.
2. THE MALABAR DEVASWOM BOARD,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM.
3. THE SECRETARY,
REVENUE (DEVASWOM) DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM.
WP(C).No. 9391 of 2008
4. THE COMMISSINOER,
HR& CE (ADMINISTRATION) DEPARTMENT,
COMMISSIONER'S OFFICE,
CIVIL STATION, CALICUT, 673020.
5. THE DISTRICT COLLECTOR,
COLLECTORATE, MALAPPURAM.
6. THE TAHSILDAR,
ERNAD TALUK, ERNAD TALUK OFFICE,
MANJERI, MALAPPURAM DISTRICT.
7. THE ADDITIONAL TAHSILDAR,
ERNAD TALUK, ERNAD TALUK OFFICE,
MANJERI, MALAPPURAM DISTRICT.
8. THE VILLAGE OFFICER,
PANTHALLOOR VILLAGE, PANDALLOOR.
9. THE SECRETARY,
SREE PANTHALLOOR BHAGAVATHY,
KSHETHRA SAMRAKSHANA SAMITHI,
KADAMPODE P.O., VIA MANJERI,
MALAPPURAM DISTRICT.
10. SREE SAMUDIRI RAJA OF CALICUT,
MANAGING TRUSTEE,CENTRAL DEVASWOM OFFICE,
SREE PANTHALLOOR DEVASWOM,
POST THALI, KOZHIKODE.
11. THE MALABAR DEVASWOM BOARD,
CONSTITUTED UNDER THE MADRAS HINDU,
RELIGIOUS AND CHARITABLE ENDOWMENTS,
(AMENDMENT) ORDINANCE 36/2008,
REPRESENTED BY IT CHAIRMAN, KOZHIKODE.
12. THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA,
MALAPPURAM DISTRICT.
WP(C).No. 9391 of 2008
13. SAJEEV C.,
S/O KELU, CHENNALA HOUSE,
KADAMPODU, (VIA) PANDIKADU,
MALAPPURAM.
R1,R3,R5-R8& R12 BY SPL.GOVERNMENT PLEADER SRI.MOHAMMED ANZAR K.J.
R2, R4 & R11 SRI.R.LAKSHMI NARAYANAN,SC,
SRI.K.MOHANAKANNAN,SC,
SRI.PARTHASARATHY.B, SC, MALABAR DEVASWOM BOARD
R9 BY ADVS. SRI.ELVIN PETER P.J.
SRI.S.RAMESH
R10 BY ADVS. SRI.V.ARUN
SRI.M.P.SREEKRISHNAN
SMT.SHAHNA KARTHIKEYAN
R13 BY ADVS. SRI.M.BALAGOVINDAN
SRI.T.K.ANANDA PADMANABHAN
R BY ADV. SRI.M.RAMESH CHANDER, AMICUS CURIAE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 9391 of 2008
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF LEASE DEED NO.1189 OF 1943 EXECUTED BY THE 10TH
RESPONDENT
P2 TRUE COPY OF LEASE DEED NO.1190 OF 1943 EXECUTED BY THE 10TH
RESPONDENT
P3 TRUE COPY OF LETTER NO.A3-188/1974 DATED 23.9.1974 ADDRESSED
TO THE SUPERINTENDENT OF THE 1ST PETITIONER COMPANY
P4 TRUE COPY OF LETTER NO.A3-188/1974 DATED 23.9.1974
ADDRESSED TO THE SUPERINTENDENT OF DEVON TEA & PRODUCE CO.
LTD.
P5 TRUE COPY OF PROCEEDINGS DATED 19.8.1976 OF THE TALUK LAND
BOARD
P5(A) TRUE COPY OF BASIC TAX RECEIPT DATED 30.10.2002 ISSUED BY THE
VILLAGE OFFICER, PANDALLOOR TO THE 1ST PETITIONER FOR THE YEAR
2002-2003
P5(B) TRUE COPY OF BASIC TAX RECEIPT DATED 27.9.2003 ISSUED BY THE
VILLAGE OFFICER, PANDALLOOR TO THE 1ST PETITIONER FOR THE YEAR
2003-2004
P5(C) TRUE COPY OF BASIC TAX RECEIPT DATED 28.10.2004 ISSUED BY THE
VILLAGE OFFICER, PANDALLOOR TO THE 1ST PETITIONER FOR THE YEAR
2004-2005
P5(D) TRUE COPY OF BASIC TAX RECEIPT DATED 12.11.2005 ISSUED BY THE
VILLAGE OFFICER, PANDALLOOR TO THE 1ST PETITIONER FOR THE YEAR
2005-2006
P6 TRUE COPY OF LETTER DATED 12.10.1974 OF THE 1ST PETITIONER TO
DEVASWOM SUPERINTENDENT
P7 TRUE COPY OF O.P. NO.11369/2003 FILED BEFORE THE KERALA HIGH
COURT WITHOUT EXHIBITS
P8 TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER DATED
19.6.2003IN O.P. NO.11369/2003 BEFORE THE KERALA HIGH COURT
P9 TRUE COPY OF THE LETTER NO.H.R.16/6330/2002 DATED 14.11.02 OF
THE DEVASWOM COMMISSIONER, KOZHIKODE
P10 TRUE COPY OF LETTER NO.A2-3487/02 DATED 3.12.2002 OF THE
DEVASWOM COMMISSIONER, KOZHIKODE
P11 TRUE COPY OF LETTER NO.66893/DEV.1/02/REVENUE DATED 17.1.2003
OF THE REVENUE (DEVASWOM) DEPARTMENT, TRIVANDRUM
WP(C).No. 9391 of 2008
P12 TRUE COPY OF COMMON JUDGMENT DATED 5.2.2004 IN O.P.
NO.11369/2003 AND WPC. NO.32655/2003 BEFORE THE HONOURABLE
KERALA HIGH COURT
P13 TRUE COPY OF THE PLAINT DATED 21.6.2004 IN C.S. NO.66/2004
BEFORE THE HONOURABLE SUB COURT, MANJERI
P14 TRUE COPY OF WRITTEN STATEMENT DATED 14.1.2005 FILED BY THE
DEFENDANTS 1 TO 3 IN C.S. NO.66/2004
P15 TRUE COPY OF THE NOTICE DATED 6.7.2007 ISSUED BY THE 6TH
RESPONDENTS TO THE 1ST PETITIONER
P16 TRUE COPY OF REPLY DATED 24.7.2007 FILED BY THE 1ST PETITIONER
TO EXHIBIT P-15 NOTICE
P16(A) TRUE COPY OF THE PAPER REPORT DATED 9.7.2007 APPEARED IN THE
MALAYALA MANORAMA DAILY
P16(B) TRUE COPY OF THE PAPER REPORT DATED 10.7.2007 APPEARED IN THE
MALAYALA MANORAMA DAILY
P16(C) TRUE COPY OF THE PAPER REPORT DATED 9.7.2007 APPEARED IN THE
RASHTRADEEPIKA DAILY
P17 TRUE COPY OF ORDINANCE NO.2/2008 DATED 9.1.2008 PUBLISHED IN
THE KERALA GAZETTE
P18 TRUE COPY OF NOTICE DATED 11.3.2008 FROM THE OFFICE OF 7TH
RESPONDENT ALONG WITH B FORM DATED 12.2.2008
P19 TRUE COPY OF PROCEEDINGS DATED 20.2.2008 OF THE 5TH RESPONDENT
P20 TRUE COPY OF NOTICE DATED 3.4.2008 ISSUED BY THE 7TH
RESPONDENT WITH ENCL.
P21 TRUE COPY OF OBJECTION DATED 21.4.2008 SUBMITTED BY THE 1ST
PETITIONER
P22 TRUE COPY OF ORDER NO.H2-1431/2008 DATED 27.9.2008 PASSED BY
THE 7TH RESPONDENT
P23 TRUE COPY OF ORDINANCE NO.9/2008 DATED 1.4.2008
P24 TRUE COPY OF ORDINANCE NO.36/2008 DATED 2.8.2008
P25 TRUE COPY OF THE INTERIM ORDER DATED 19.3.2008 PASSED BY THIS
HONOURABLE COURT IN WPC.9391/2008
P26 TRUE COPY OF C FORM DATED 3.1.2011 ISSUED BY THE 7TH
RESPONDENT
P27 TRUE COPY OF ORDER DATED 27.12.2010 OF THE 12TH RESPONDENT
WP(C).No. 9391 of 2008
P28 TRUE COPY OF APPEAL DATED 24.10.2008 FILED BY THE 1ST
PETITIONER BEFORE THE 12TH RESPONDENT
P29 TRUE COPY OF INTERIM ORDER DATED 6.4.2011 PASSED BY THIS
HONOURABLE COURT IN WPC.9391/2008
P30 TRUE COPY OF L.C. REVISION PETITION NO.25498/L1 DATED 4.5.2011
WITHOUT ANNEXURES FILED BY THE 1ST PETITIONER BEFORE THE
GOVERNMENT
P31 TRUE COPY OF ADDITIONAL WRITTEN SUBMISSIONS DATED 14.7.2011
FILED ON BEHALF OF THE 1ST PETITIONER IN REVISION PETITION
BEFORE THE ADDITIONAL CHIEF SECRETARY (REVENUE DEPARTMENT)
THIRUVANANTHAPURAM
P32 TRUE COPY OF ORDER DATED 28.4.2012 PASSED BY THE GOVERNMENT OF
KERALA, REVENUE (L) DEPARTMENT DISMISSING THE REVISION
PETITITION
P33 TRUE COPY OF ORDER DATED 17.8.1979 PASSED BY THE COURT OF THE
SPECIAL TAHSILDAR, L.R.I, MALAPPURAM IN THE CASE OF JACOB
MATHEW IN S.M. NO.2232/1978
P34 TRUE COPY OF ORDER DATED 10.8.1979 PASSED BY THE COURT OF THE
SPECIAL TAHSILDAR, L.R.I., MALAPPURAM IN THE CASE OF SMT.
SANTHAMMA MAMMEN IN S.M. NO.2231/1978
P35 TRUE COPY OF ORDER DATED 10.8.1979 PASSED BY THE COURT OF THE
SPECIAL TAHSILDAR, L.R.I., MALAPPURAM IN THE CASE OF SMT.
MEERA PHILIP IN S.M. NO.2233/1978
P36 TRUE COPY OF RECEIPT NO.22 DATED 29.12.1980 FOR PAYMENT OF
ANNUITY ISSUED BY THE HEAD MINISTERIAL OFFICER, DEPUTY
COLLECTOR LAND TRIBUNAL, MALAPPURAM TO JACOB MATHEW
P37 TRUE COPY OF RECEIPT NO.20 DATED 29.12.1980 FOR PAYMENT OF
ANNUITY ISSUED BY THE HEAD MINISTERIAL OFFICER, DEPUTY
COLLECTOR LAND TRIBUNAL, MALAPPURAM ISSUED TO SMT.SANTHAMMA
MAMMEN
P38 TRUE COPY OF RECEIPT NO.21 DATED 29.12.1980 FOR PAYMENT OF
ANNUITY ISSUED BY THE HEAD MINISTERIAL OFFICER, DEPUTY
COLLECTOR LAND TRIBUNAL, MALAPPURAM ISSUED TO SMT.MEERA PHILIP
P39 TRUE COPY OF PURCHASE CERTIFICATE DATED 25.3.1981 ISSUED BY
THE LAND TRIBUNAL TO JACOB MATHEW
P40 TRUE COPY OF PURCHASE CERTIFICATE DATED 26.3.1981 ISSUED BY
THE LAND TRIBUNAL TO SMT.SANTHAMMA MAMMEN
WP(C).No. 9391 of 2008
P41 TRUE COPY OF PURCHASE CERTIFICATE DATED 24.3.1981 ISSUED BY
THE LAND TRIBUNAL TO SMT.MEERA PHILIP
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
29.6.2018
[C.R.]
P.R. RAMACHANDRA MENON
&
DEVAN RAMACHANDRAN, JJ.
~~~~~~~~~~~~~~~~~~~~~~
W. P.(C) No. 9391 of 2008
~~~~~~~~~~~~~~~~~~~~~
Dated, this the 20th day of June, 2018
JUDGMENT
Devan Ramachandran J., If one were to measure this writ petition solely by its forensic merits and factual facets, we are certain that it would not justify its longevity in this Court from the year 2008.
2. At the heart of controversy in this case is the action taken by the Revenue authorities of the Government of Kerala under the provisions of the Kerala Land Conservancy Act, 1957 [hereinafter referred to as KLC Act for short], to resume an extent of 115.8900 hectares of land in Ernad-Manjeri, which is claimed to be in the possession of the first petitioner herein.
3. The first petitioner claims that it is a public limited company, registered under the provisions of the Companies Act, 1956 and asserts to be in possession of the afore extent of land under valid W.P.(C) No. 9391 of 2008 :2: title. The second petitioner is stated to be one of its share holders.
4. However, the claim of the first petitioner over the property in question has been refuted by the competent Authorities under the KLC Act, leading to Exts. P22, P27 and P32 orders, issued by the concerned Tahsildar, Revenue Divisional Officer (RDO) and the Government respectively. The petitioners impugn these orders in this writ petition on various grounds, but primarily predicating that they are entitled to hold possession over the property and to resist action under the KLC Act because the first petitioner-Company is a cultivating tenant, entitled to fixity of tenure under Section 13 of the Kerala Land Reforms Act, 1963 [hereinafter referred to as KLR Act].
5. We have heard Sri. Joseph Kodianthara, learned Senior counsel assisted by Sri. Isaac Thomas, learned counsel appearing for the petitioners; Sri. M. Ramesh Chander, learned Senior counsel who is assisting this Court as Amicus Curiae; Sri. M.P. Sreekrishnan, the learned counsel appearing for the 10 th respondent-Zamorin Raja of Calicut; Sri. R. Lakshmi Narayanan, the learned Standing Counsel for the 2nd respondent-Malabar Devaswom Board; Sri. S. Ramesh, the learned counsel for the 9th respondent and Sri. Mohammed Ansar K.J., the learned Special Government Pleader for Revenue. W.P.(C) No. 9391 of 2008 :3:
6. Before we venture into an assessment of the factual contentions raised by the petitioners, it will be apposite and necessary to briefly state the essential facts involved.
7. The first petitioner claims possession over the property in question under two lease deeds, both executed by the Zamorin Raja of Kozhikode in his capacity as the Managing Trustee of Sree Panthalloor Bhagavathi Devaswom, copies of which have been placed on record as Exts.P1 and P2. These Lease Deeds are conceded to be in favour of a person by name Sri. K.M. Cheriyan and the said individual was granted lease of the properties for a 60 year period. It is admitted that the said lease deeds were registered as Documents No. 1189 of 1943 and 1190 of 1943 on 04.09.1943 and that it was to expire, as per its terms, on 04.09.2003.
8. Even when Exts.P1 and P2 lease deeds were in force, Sri. K.M. Cheriyan transferred the entire extent of land covered by it to an entity by name Panthalloor Plantations in the year 1956. In the same year, the afore Panthalloor Plantations transferred 200 acres, out of the 400 acres covered by Exts.P1 and P2, in favour of a company by name Devon Tea & Produce Co. Ltd and the balance 200 acres to the first petitioner herein. Subsequently, in the year 1969, as we see W.P.(C) No. 9391 of 2008 :4: from the records available, the aforementioned Devon Tea & Produce Company Ltd transferred 200 acres available with them to the first petitioner herein as per a Sale Deed dated 10.03.1969. It is thus that the first petitioner claims to be in possession of the property involved herein on the strength of the aforesaid transactions.
9. As we have already indicated above, the period of lease granted under Exts.P1 and P2 Lease Deeds expired on 04.09.2003 and it appears that action was initiated by the Panthalloor Bhagavathi Devaswom to resume the land and that an Original petition was filed before this Court, numbered as O.P. No. 11369 of 2003, at the instance of the b