Kerala High Court
Jose Mathew vs *1 The Tahasildar on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.2075 OF 2021(H)
PETITIONER:
JOSE MATHEW, AGED 69 YEARS
S/O. MATHAI, MANAGING DIRECTOR,
HILL VALLEY RUBBERS PRIVATE LIMITED,
MOUNTAIN CLUB RESORTS, CHINNAKANAL, EDAKKATTUKUDIYIL,
THRIKARIYOOR P.O.,
KOTHAMANGALAM, PIN-686 692.
BY ADVS.
SRI.M.P.RAMNATH
SRI.P.RAJESH (KOTTAKKAL)
SEI.M.VARGHESE VARGHESE
SMT.UMA R.KAMATH
SMT.S.SANDHYA
SRI.BEPIN PAUL
SRI.SHALU VARGHESE
SRI.S.DEEPAK
SRI.ANTONY THARIAN
SHRI.ARJUN S.
RESPONDENTS:
*1 THE TAHASILDAR
UDUMBANCHOLA TALUK, TALUK OFFICE UDUMBANCHOLA,
NEDUMKANDAM P.O., IDUKKI, PIN-685 553.
R1 CORRECTED AS
THE TAHASILDAR (LR), UDUMBANCHOLA TALUK,
TALUK OFFICE UDUMBANCHOLA, NEDUMKANDAM P.O., IDUKKI,
PIN-685 553.
AS PER ORDER DATED 03.02.2021 IN IA 1/2021
2 THE VILLAGE OFFICER
CHINNAKANAL VILLAGE OFFICE, CHINNAKANAL P.O.,
PIN-685 618.
3 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
BY SRI M.H.HANIL KUMAR- SPL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2075 OF 2021(H)
2
JUDGMENT
The petitioner has filed this writ petition under Article 226 of
the Constitution of India, seeking a writ of certiorari to quash
Ext.P7 order dated 08.01.2021 passed by the 1 st respondent
Tahsildar (LR), Udumbanchola Taluk.
2. The petitioner is the Managing Director of Hill Valley
Rubbers Private Limited at Chinnakanal. The petitioner was issued
with Ext.P1 notice dated 24.03.2018 of the 1st respondent Tahsildar
(LR), under Section 12 of the Kerala Land Conservancy Act, 1957
alleging encroachment over Government property having an extent
of 0.1192 hectares. While that matter was pending consideration,
the petitioner was issued with Ext.P2 notice dated 29.11.2014 from
the Munnar Special Tribunal intimating the transfer of that
proceedings to the Special Tribunal, which was re-numbered as
MTOP No.463 of 2014. The petitioner appeared through counsel
before the Special Tribunal. The petitioner filed OP(C) No.1390 of
2015 challenging Ext.P4 order dated 22.05.2015 of the Special
Tribunal in I.A.No.595 of 2015 in MTOP No.463 of 2014. By Ext.P6
interim order dated 14.09.2015, this Court extended Ext.P5 interim
order of stay originally granted on 17.06.2015 of further
proceedings in MTOP No.463 of 2014, until further orders. OP(C)
WP(C).No.2075 OF 2021(H)
No.1390 of 2015 is still pending before this Court and Ext.P6
interim order is still in force. Now the petitioner is issued with
Ext.P7 order dated 08.01.2021 of the 1 st respondent Tahsildar (LR),
bearing LC No.G-5 977/2008 (LC 10/2012) whereby the petitioner
is required to vacate 21.39 cents (0.0866 hectares) of Government
land in Sy.No.525 of Chinnakanal Thavalam, within the time limit
specified in the notice issued in Form C under Rule 11 of the Kerala
Land Conservancy Rules, 1958. The main contention raised in this
writ petition is that Ext.P7 order of the 1 st respondent is one issued
without notice to the petitioner.
3. Heard the learned counsel for the petitioner and also the
learned Special Government Pleader appearing for the
respondents.
4. As already noticed, one of the contentions raised in this
writ petition is that, Ext.P7 order is one issued without notice to the
petitioner and as such, the procedure adopted by the 1 st
respondent is in clear violation of the principles of natural justice.
5. The learned Government Pleader, on instructions, would
submit that the 1st respondent Tahsildar (LR) has not issued any
notice to the petitioner, after the files in MTOP No.463 of 2014 were
WP(C).No.2075 OF 2021(H)
transferred on the abolition of the Munnar Special Tribunal.
6. Having considered the pleadings and materials on record
and also the submissions made by the learned counsel on both
sides, this Court finds that Ext.P7 order dated 08.01.2021 issued
by the 1st respondent Tahsildar (LR) is one issued without notice to
the petitioner, in violation of the principles of natural justice.
In such circumstances, this writ petition is disposed of by
setting aside Ext.P7 order dated 08.01.2021 passed by the 1 st
respondent Tahsildar (LR), for the aforesaid reason, and by
directing the said respondent to consider the matter afresh, with
notice to the petitioner and after affording him an opportunity of
being heard.
The petitioner shall appear before the 1st respondent on
25.02.2021 at 11.00 am. The 1st respondent shall conduct a
personal hearing and thereafter, take an appropriate decision in the
matter, as expeditiously as possible, at any rate, within a period of
one month from that date.
Sd/-
ANIL K.NARENDRAN
JV JUDGE
WP(C).No.2075 OF 2021(H)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTO COPY OF THE NOTICE DATED
24.3.2008 ISSUED UNDER SECTION 12 OF THE
LAND CONSERVANCY ACT 1958 (ACT 8 OF 1958)
BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE PHOTO COPY OF THE NOTICE BEARING D
NO.695/2014 DATED 29.11.2014 ISSUED FROM
THE MUNNAR SPECIAL TRIBUNAL TO THE
PETITIONER HEREIN, INTIMATING TRANSFER OF
EXT.P1 PROCEEDINGS TO THE TRIBUNAL.
EXHIBIT P3 TRUE PHOTO COPY OF THE I.A.NO.595/2005 IN
MTOP 463/2014 FILED BY THE PETITINER
HEREIN BEFORE THE MUNNAR SPECIAL TRIBUNAL
FOR DECLARING STATUES OF PARTIES.
EXHIBIT P4 TRUE PHOTO COPY OF THE ORDER DATED
22.5.2015 IN I.A.NO.595/2015 IN MTOP
463/2014 OF THE HON'BLE MUNNAR SPECIAL
TRIBUNAL.
EXHIBIT P5 TRUE PHOTO COPY OF THE INTERIM ORDER
DATED 17.6.2015 OF THE HON'BLE HIGH COURT
OF KERALA IN OP(C) NO.1390/2015 STAYING
ALL FURTHER PROCEEDINGS IN EXT.P1 & P2.
EXHIBIT P6 TRUE PHOTO COPY OF THE INTERIM ORDER
DATED 14.9.2015 OF THE HON'BLE HIGH COURT
OF KERALA IN OP(C) NO.1390/2015 EXTENDING
THE STAY OF ALL FURTHER PROCEEDINGS IN
EXT.P1 & P2.
EXHIBIT P7 TRUE PHOTO COPY OF ORDER DATED 8.1.2021
BEARING NO.G5-977/2008 (LC 10/2012)
PASSED BY THE IST RESPONDENT AND
DISPATCHED ON 12.1.2021 AND SERVED UPON
PETITIONER ON 14.1.2021 BY POST ALONG
WITH THE IGS POSTAL COVER APPENDED.
