Kerala High Court
The Cochin Plantations Ltd vs State Of Kerala on 8 September, 1989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937
W.P.(C).No.13834 of 2014 (D)
PETITIONERS:
1. THE COCHIN PLANTATIONS LTD.,
OOPPOOTTIL BUILDING, K.K.ROAD, KOTTAYAM-686 001
REPRESENTED BY ITS DIRECTOR, A.JACOB.
2. BABU ABRAHAM, BROOKLAND ESTATE,
PADAGIRI-678 509, PALAKKAD DISTRICT.
3. ALEXANDER ABRAHAM, BROOKLAND ESTATE,
PADAGIRI-678 509, PALAKKAD DISTRICT.
BY ADV.SRI.JOSEPH KODIANTHARA (SR.)
SRI.V.ABRAHAM MARKOS
SRI.BINU MATHEW
SRI.TOM THOMAS (KAKKUZHIYIL)
SRI.ABRAHAM JOSEPH MARKOS
SRI.ABRAHAM VARGHESE THARAKAN
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF
SECRETARY TO GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3. THE PRINCIPAL SECRETARY,
FOREST AND WILDLIFE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. THE ADDITIONAL SECRETARY TO GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5. THE CHIEF CONSERVATOR OF FOREST (PROTECTION)
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
6. THE CONSERVATOR OF FOREST,
OLAVACODE, PALAKKAD DISTRICT-678 002.
7. THE DISTRICT COLLECTOR,
PALAKKAD COLLECTORATE, PALAKKAD DISTRICT-678 001.
8. THE DIVISIONAL FOREST OFFICER,
NENMARA, PALAKKAD DISTRICT-678 508.
=: 2 :=
9. THE DIVISIONAL FOREST OFFICER,
WORKING PLAN, OLAVACODE,
PALAKKAD DISTRICT-678 002.
10. THE FOREST RANGE OFFICER
NELLIAMPATHY, NENMARA,
PALAKKAD DISTRICT-678 508.
11. THE DIRECTOR OF SURVEY AND LAND RECORDS,
SURVEY BHAVAN, VAZHUTHACAUD.P.O.
THIRUVANANTHAPURAM-695 014.
12. THE SUPERINTENDENT,
OFFICE OF SUPERINTENDENT, SURVEY OF LAND RECORDS
RESURVEY, OPP. TOWN RAILWAY STATION, PALAKKAD-01.
13. THE ASSISTANT DIRECTOR,
RE-SURVEY OFFICE, PALAKKAD-678 001.
14. THE KERALA STATE BIODIVERSITY BOARD,
PALLIMUKKU, PETTAH.P.O.,
THIRUVANANTHAPURAM-695 024.
15. THE TAHSILDAR, CHITTOOR TALUK, CHITTOOR,
PALAKKAD DISTRICT-679 101.
16. THE VILLAGE OFFICER,
NELLIAMPATHY, PALAKKAD DISTRICT-678 508.
17. NELLIAMPATHY GRAMA PANCHAYAT LEVEL
SCREENING COMMITTEE, NELLIAMPATHY-678 508
PALAKKAD DISTRICT.
18. DIRECTOR,
KERALA STATE REMOTE SENSING & ENVIRONMENT CENTER,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PINCODE-695 033.
BY SPL. GOVT. PLEADER, SRI.M.A.THOMASKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.07.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
=: 3 :=
W.P(C)No.13834/14(D)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1 TRUE COPY OF THE ORDER NO.561/73 DATED 08.09.1989 PASSED BY
THE TALUK LAND BOARD, CHITTUR.
EXT.P2 TRUE COPY OF THE PETITIONER'S PLANTATION REGISTRATION
NO.NRA/13 UNDER THE COFFEE AND CARDAMOM ACT AS WELL AS THE
PLANTATIONS ACT ISSUED BY THE CHIEF INSPECTOR OF PLANTATIONS,
KOTTAYAM.
EXT.P3 TRUE COPY OF THE ORDERS DATED 23.06.2010 AND 26.4.2011 OF THE
7TH RESPONDENT DISTRICT COLLECTOR.
EXT.P4 TRUE COPIES OF THE QUIT RENT RECEIPTS TILL 2014.
EXT.P5 TRUE COPY OF THE GIFT DEED DATED 17.8.1970.
EXT.P6 TRUE COPY OF THE ORDER DATED 23.05.1992 IN O.P PROBATE NO. 180
OF 1991.
EXT.P7 TRUE COPY OF THE CARDAMOM REGISTRATION CERTIFICATE DATED
16.10.1967 IN RESPECT PLANTATION OF THE 2ND AND 3RD
PETITIONERS ISSUED BY THE REVENUE DIVISIONAL OFFICER,
PALAKKAD.
EXT.P8 TRUE COPY OF THE COFFEE REGISTRATION CERTIFICATE DATED
09.07.1982 ISSUED BY THE TAHSILDAR, CHITTUR TALUK.
EXT.P9 TRUE COPY OF THE ORDER DATED 16.05.1990 ISSUED BY THE TALUK
LAND BOARD, CHITTUR UNDER SECTION 81 OF THE KERALA LAND
REFORMS ACT, 1963.
EXT.P10 TRUE COPY OF THE RECEIPT DATED 08.02.2010 OF THE LEASE RENT
PAID BY THE 2ND AND 3RD PETITIONERS.
EXT.P11 TRUE COPY OF THE DRAFT NOTIFICATION DATED 07.07.1906 AND THE
FINAL NOTIFICATION UNDER SECTION 12 OF THE COCHIN FOREST
REGULATION-III DATED 8.5.1909.
EXT.P12 TRUE COPY OF THE NOTIFICATION DATED 11.2.1933 ISSUED BY THE
REVENUE DEPARTMENT.
EXT.P13 TRUE COPY OF THE JUDGMENT DATED 12.11.1991 PASSED BY THIS
HONOURABLE COURT IN O.P.NO.6566/1988.
EXT.P14 SERIES - TRUE COPY OF THE COMPLETE SET OF CORRESPONDENCE WITH
RESPECT TO THE 1ST PETITIONER'S ORIENTAL ESTATE.
EXT.P15 SERIES- TRUE COPY OF THE COMPLETE SET OF CORRESPONDENCE WITH
RESPECT TO THE 2ND AND 3RD PETITIONER'S BROOKLAND ESTATE.
EXT.P16 TRUE COPY OF THE ORDER DATED 27.03.2014 OF THE ADDITIONAL
SECRETARY TO THE GOVERNMENT OF KERALA, THE 4TH RESPONDENT.
=: 4 :=
EXT.P17 SERIES- TRUE COPY OF THE LETTERS DATED 19.4.2014 SENT BY THE
1ST PETITIONER TO THE 7TH, 15TH, 18TH RESPONDENTS AND TO THE
PRESIDENT, NELLIAMPATHY GRAMA PANCHAYAT FOR THE RECTIFICATION
OF ERROR IN THE RESURVEY.
EXT.P18 TRUE COPY OF THE LETTER DATED 21.04.2014 OF THE 1ST PETITIONER
TO THE 14TH RESPONDENT.
EXT.P19 TRUE COPY OF THE LETTER DATED 31.3.2014 ISSUED BY THE 2ND
PETITIONER TO THE PRESIDENT, NELLIAMPATHY GRAMA PANCHAYATH.
EXT.P20 TRUE COPY OF THE DATAS FURNISHED BY THE PETITIONERS IN A DATA
SHEET.
EXT.P21 TRUE COPY OF THE LETTER DATED 24.4.2014 ISSUED BY PANCHAYATH
TO THE 14TH RESPONDENT.
EXT.P22 TRUE COPY OF LETTER DATED 6.6.2015 ISSUED BY THE ADDITIONAL
TAHSILDAR, CHITTOOR TO THE DIRECTOR, COCHIN PLANTATIONS LTD.
RESPONDENTS' EXHIBITS: Nil
//TRUE COPY//
PA TO JUDGE
PtK/
K. VINOD CHANDRAN, J.
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W.P(C). No.13834 of 2014
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Dated this the 22nd day of July, 2015.
JUDGMENT
The above writ petition was filed with respect to the omission to survey, demarcate and categorise the Oriental and Brookland and plantations in Nelliampathi as plantations in the resurvey and to take necessary corrective measures, including assigning of survey numbers to the two plantations. The survey with respect to the said lands is now said to have been completed. However, Ext.P22 has been issued finding that the further proceedings would be kept in abeyance for reason of the pendency of the writ petition. The writ petition need not detain the authorities in making the necessary corrections and if not corrected, a written communication showing the reasons shall be issued to the petitioner.
In view of the consideration directed, the writ petition would WP(C) No.13834 of 2014 2 stand closed and the 13th respondent is directed to finalise the proceedings on a consideration of Exts.P14 and P15 representations and issue written order to the petitioner as expeditiously as possible. In the meanwhile, status quo shall be maintained. The 13th respondent shall also afford an opportunity of hearing to the petitioner before finalisation of the proceedings.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE sp