The Vaniampara Rubber Company Ltd vs State Of Kerala
2022 Latest Caselaw 3590 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 2791 OF 2022
PETITIONERS:

    1     THE VANIAMPARA RUBBER COMPANY LTD.
          VAZHAKKALA BUILDING, K K ROAD, KOTTAYAM-686001,
          REPRESENTED BY ITS EXECUTIVE DIRECTOR,
          MR.THOMAS JACOB.

    2     THOMAS JACOB, KALAPURACKAL, MUTTAMBALAM,
          KOTTAYAM-686004.

          JOSEPH KODIANTHARA (SR.)
          V.ABRAHAM MARKOS
          ISAAC THOMAS
          ALEXANDER JOSEPH MARKOS
          SHARAD JOSEPH KODANTHARA
          ABRAHAM JOSEPH MARKOS


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY TO
          GOVERNMENT, FOREST AND WILDLIFE, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE WILD LIFE WARDEN (DFO)
          WILDLIFE DIVISION PEECHI, PEECHI P O, THRISSUR-680653.

    3     THE DISTRICT COLLECTOR
          TRICHUR DISTRICT, FIRST FLOOR, CIVIL STATION, CIVIL
          LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.

    4     THE DEPUTY DIRECTOR-SURVEY
          AYYANTHOLE, THRISSUR-680003.

    5     THE UNIT OFFICER.
          KERALA LAND INFORMATION MISSION, TRICHUR, PIN-650005.

          SRI.T.P.SAJAN, SPL. G.P. (FOREST)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2791 OF 2022
                                  2


                              JUDGMENT

The first petitioner, which is stated to be a company

incorporated under the provisions of the Companies Act,

1956, along with its Executive Director, have approached this

Court impugning Ext.P13 proceedings of the Wildlife Warden,

Peechi, through which, they have been directed only to cut

and remove rubber trees, but without being allowed to

replant it; and adscititiously directing a survey to be

conducted, so as to find out "excess lands" in their

possession.

2. Sri.Joseph Kodianthara, learned senior counsel,

instructed by Sri.Abraham Markose appearing for the

petitioners, submitted that the only suspicion against his

clients is that they are in occupation of "excess land" but that

this is absolutely without basis. He added that his clients are

willing to undertake before this Court that if it is finally found

so, they will surrender such extents as may be found

necessary. He then predicated that, however, merely on such

suspicion, his clients have now been put to irreparable

prejudice in them having been denied permission to replant

the rubber trees or to deal with the property as a rubber WP(C) NO. 2791 OF 2022

plantation. He, therefore, prayed that even if this Court is not

inclined to quash Ext.P13, then action thereon be permitted

only with his clients given liberty to replant the rubber trees

and to deal with it in terms of law.

3. In response, Sri.T.P.Sajan - learned Special

Government Pleader for Forests, submitted that Ext.P13 has

been issued only for the purpose of ascertaining the "excess

land" in the possession of the petitioners. He, however, added

that since they now undertake that they are willing to

surrender requisite lands, as are so determined in future, he

will not stand in the way of this Court passing appropriate

orders, provided they furnish a proper sketch of the area

which they want to replant, with a further condition that they

will not cut and remove any other trees other than rubber

trees.

4. In reply, Sri.Joseph Kodianthara, learned senior

counsel submitted that the sketch, which is afore referred to

by Sri.T.P.Sajan, is Ext.P2 and that the same has already been

given to the competent Authority.

5. When I evaluate and consider the afore submissions

on the touchstone of the various materials on record, it is

perspicuous that Ext.P13 is a composite order, which says WP(C) NO. 2791 OF 2022

that the petitioners can only deal with the rubber trees and

that a survey will have to be conducted.

6. I do not propose to interdict Ext.P13 to the extent to

which it orders survey, but any restriction on the right of the

petitioners to deal with the property cannot be approved at

this stage because it is only a suspicion that they are in

occupation of "excess land".

7. Resultantly, I allow this writ petition, confirming

Ext.P13 to the extent to which it orders a resurvey; however,

directing the second respondent to permit the petitioners to

cut and remove the rubber trees and to replant the same in

the area covered by Ext.P2 sketch, which shall be under the

supervision of competent Authorities, but without causing any

interdiction, as has already been ordered in Ext.P3 judgment

of this Court.

Needless to say, the undertaking of the petitioners, as

made by their learned senior counsel Sri.Joseph Kodianthara,

that they will surrender land as may be found necessary in

future, subject to their available remedies, is recorded.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 2791 OF 2022

APPENDIX OF WP(C) 2791/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LEASE DEED DATED 21.02.1917 EXECUTED BY THE THEN GOVERNMENT OF COCHIN IN FAVOUR OF THE 1ST PETITIONER.

Exhibit P1(A) TRUE COPY OF THE RUBBER BOARD REGISTRATION CERTIFICATE ISSUED BY THE RUBBER BOARD TO THE 1ST PETITIONER ON 26.01.1948.

Exhibit P2 TRUE COPY OF THE LETTER DATED 04.11.2019 ALONG WITH THE SKETCH OF THE FIELD ISSUED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 06.09.2021 OF THIS HONOURABLE COURT IN WPC NO.8611/2021.

Exhibit P4 TRUE COPY OF THE LETTER DATED 22.09.2021 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST PETITIONER TO THE CHIEF CONSERVATOR OF FORESTS, PALAKKAD WITH A COPY TO THE 2ND RESPONDENT.

Exhibit P4(A) TRUE COPY OF THE LETTER DATED 01.10.2021 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST PETITIONER TO THE CHIEF CONSERVATOR OF FORESTS, WILDLIFE NORTHERN REGION, PALAKKAD.

Exhibit P4(B) TRUE COPY OF THE LETTER DATED 12.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.

Exhibit P4(C) TRUE COPY OF THE LETTER DATED 28.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE SUPERINTENDENT OF THE VANIAMPARA ESTATE OF THE 1ST PETITIONER.

WP(C) NO. 2791 OF 2022

Exhibit P4(D) TRUE COPY OF THE LETTER DATED 29.10.2021 ALONG WITH BOND FOR SEIGNIORAGE ISSUED BY THE MANAGING DIRECTOR OF THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4(E) TRUE COPY OF THE LETTER DATED 04.12.2021 ISSUED BY THE SUPERINTENDENT OF THE VANIAMPARA RUBBER ESTATE OF THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4(F) TRUE COPY OF THE LETTER DATED 11.12.2021 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST PETITIONER TO THE 2ND RESPONDENT WITH A REVISED BOND.

Exhibit P5 TRUE COPY OF THE LETTER DATED 11.01.2013 OF THE 5TH RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.

Exhibit P5(a) TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.12.2012 HELD AT THE CHAMBER OF THE COLLECTORATE, TRICHUR ON 27.12.2012.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 18.01.2021 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.

Exhibit P7 TRUE COPY OF THE LETTER DATED 27.07.2021 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P8(A) TRUE COPY OF THE LETTER DATED 17.08.2021 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.

Exhibit P8(B) TRUE COPY OF THE LETTER DATED 26.03.2013 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P8(C) TRUE COPY OF THE LETTER DATED 05.04.2013 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER DATED 28.09.2021 ISSUED BY THE MANAGING DIRECTOR OF THE WP(C) NO. 2791 OF 2022

1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE LETTER DATED 25.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.

Exhibit P11 TRUE COPY OF THE LETTER DATED 28.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.

Exhibit P12 TRUE COPY OF THE LETTER DATED 22.11.2021 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE LETTER DATED 13.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE 1ST PETITIONER.