Tata Tea Ltd vs State Of Kerala
2023 Latest Caselaw 5571 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
        THURSDAY, THE 4TH DAY OF MAY 2023 / 14TH VAISAKHA, 1945
                           OP NO. 23528 OF 1999
PETITIONER:

            M/S.TATA TEA LTD., REGIONAL OFFICE,
            MUNNAR-685 612, REPRESENTED BY ITS MANAGER (FINANCE),
            MR. S.Y.RAMAN.

            BY ADVS.SRI.JOSEPH KODIANTHARA
            SRI.JOSEPH MARKOSE SR.
            SRI.THOMAS VELLAPPALLY


RESPONDENTS:

    1       THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

    2       THE TAHSILDAR, TALUK OFFICE, DEVICOLAM.

    3       GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,
            DISTRICT OFFICE IDUKKI, MUTHALAKKODAM, THODUPUZHA.

    4       M.C.MATHEW, MULLAPPILLIL HOUSE, KUNCHITHANNY P.O,
            IDUKKI DISTRICT.

    5       JACOB CHACKO, MULLAPPILLIL HOUSE, KUNCHITHANNY P.O,
            IDUKKI DISTRICT.

            BY ADVS.SRI.P.R.VENKATESH
            SRI.THAVAMONY ADVOCATE COMMISSIONER
            SRI.BABU JOSEPH KURUVATHAZHA


     THIS     ORIGINAL   PETITION    HAVING   COME   UP   FOR   ADMISSION   ON
04.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP NO. 23528 OF 1999
                                     -2-

                               JUDGMENT

This Original Petition was filed in the year

1999, challenging the quarrying permits given to

the party respondents herein (respondents 4 and

5).

2. According to the original petitioner -

M/s.Tata Tea Limited, quarrying permits were

obtained suppressing the material facts in

regard to the interest and title of the

property. The petitioner claims title to the

said property.

3. It is averred in the Original Petition

itself that a suit for injunction was filed as

O.S.No.141/1998. In this Original Petition, the

petitioner seeks the following reliefs:

"i) call for the records relating to Exhibits P11, P12, P16(a) to P16(m) and P17 and quash the same by issue of a writ of certiorari OR such other writ, direction or order, as may be deemed fit;

OP NO. 23528 OF 1999

ii) to restrain the respondents 1 to 3 from issuing any further quarrying permits to the 4th and 5th respondents and with respect to the property in Survey No.28/1-1 comprised in the petitioner's Chundavurrai Estate.

iii) To issue an interim and ad interim relief in terms of prayer (ii) above.

And

iv) such other reliefs as this Court may be pleased to grant."

4. When this matter came up for hearing on

the last occasion, this Court directed the

Munsiff's Court, Devikulam, where the injunction

suit was pending, to report about the present

status. The report is on board. As per the

report, the injunction suit was dismissed, and

the Appeal thereon has also been dismissed.

5. The learned counsel for the original

petitioner submits that a title suit has been

instituted as O.S.No.38/2019 before the Sub OP NO. 23528 OF 1999

Court, Devikulam, and the same is pending.

6. Apparently, the original petitioner

approached this Court claiming title and

interest over the property, upon which the

quarrying permits have been given by the

Statutory Authority in favour of the party

respondents. This issue cannot be decided

without resolving the question regarding their

title and interest over the property in

question.

7. In view of the fact that the original

petitioner had only instituted a suit before the

Civil Court, it is appropriate for them

to approach the said Court for any other relief.

There is no doubt that, in the event the Civil

Court finds title or interest in favour of the

original petitioner, they are free to approach

this Court to cancel the quarrying permits etc.,

given to the party respondents. OP NO. 23528 OF 1999

8. Needless to say, the petitioner is at

liberty to move the Civil Court for any interim

relief against the party respondents as against

quarrying.

With liberty as above, this Original

Petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv OP NO. 23528 OF 1999

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEED OF TRANSFER NO.381/77 DATED 31.12.1976 OF THE DEVICOLAM SUB REGISTRY.

EXHIBIT P2 TRUE COPY OF CERTIFICATE OF INCORPORATION DATED 28.2.1983 ISSUED BY THE REGISTRAR OF COMPANIES, WEST BENGAL.

EXHIBIT P3 TRUE COPY OF ORDER NO.LB(A)2-5227/71 DT. 29.3.1974 OF THE STATE LAND BOARD.

EXHIBIT P4 TRUE COPY OF NOTIFICATION NO.HI-

43919/76 DATED 25.1.1977 IN KERALA GAZETTE NO.7 DATED 15.2.1977

EXHIBIT P5 TRUE COPY OF PETITIONER'S LETTER DATED 6.9.96 ADDRESSED TO THE GEOLOGIST

EXHIBIT P6 TRUE COPY OF NOTICE NO.ROT/886/E2/96 DATED 12.11.1996 ISSUED BY THE GEOLOGIST.

EXHIBIT P7 TRUE COPY OF PETITIONER'S LETTER DATED 14.11.96 ADDRESSED TO THE TAHSILDAR, DEVIKOLAM.

EXHIBIT P8 TRUE COPY OF CERTIFICATE NO.2052/96 DATED 19.11.96 ISSUED BY THE VILLAGE OFFICER, K.D.H. VILLAGE.

EXHIBIT P9 TRUE COPY OF PETITIONER'S LETTER DATED 19.11.96 ADDRESSED TO THE DY. SUPERINTENDENT OF POLICE, MUNNAR. OP NO. 23528 OF 1999

EXHIBIT P10 TRUE COPY OF PETITIONER'S LETTER DATED 21.11.96 ADDRESSED TO THE DY. SUPERINTENDENT OF POLICE, MUNNAR ;

EXHIBIT P11 TRUE COPY OF LETTER DATED 26.11.96 FROM THE TAHSILDAR, DEVIKOLAM TO THE GEOLOGIST.

EXHIBIT P12 TRUE COPY OF LETTER DATED 27.11.96 FROM THE GEOLOGIST TO THE DY. SUPERINTENDENT OF POLICE.

EXHIBIT P13 TRUE COPY OF O.S. NO. 141/98 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, DEVICOLAM ALONG WITH AFFIDAVIT AND PETITION FOR INTERIM INJUNCTION.

EXHIBIT P14 TRUE COPY OF COMMISSION REPORT DATED 8.6.1998.

EXHIBIT P15 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT IN O.S. NO. 141/98

EXHIBIT P16(A) TRUE COPY OF PERMIT NO.4/96-97 DATED 18.9.1996 ISSUED BY THE TAHSILDAR, DEVICOLAM

EXHIBIT-P16(B) TRUE COPY OF PERMIT NO.5/96-97 DATED 18.9.1996 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT-P16(C) TRUE COPY OF PERMIT NO.6/96-97 DATED 20.11.1996 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT-P16(D): TRUE COPY OF PERMIT NO.7/96-97 DATED 20.11.1996 ISSUED BY THE TAHSILDAR, DEVICOLAM EXHIBIT-P16(E): TRUE COPY OF PERMIT NO.8/96-97 DATED 20.12.1996 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT-P16(F): TRUE COPY OF PERMIT NO.9/96-97 DATED 20.12.1996 ISSUED BY THE TAHSILDAR, OP NO. 23528 OF 1999

DEVICOLAM.

EXHIBIT-P16(G): TRUE COPY OF PERMIT NO.11/96-97 DATED 1.2.1997 ISSUED BY THE TAHSILDAR, DEVICOLAM

EXHIBIT-P16(H): TRUE COPY OF PERMIT NO. 12/96-97 DATED 1.2.1997 ISSUED BY THE TAHSILDAR, DEVICOLAM

EXHIBIT-P16(I): TRUE COPY OF PERMIT NO.8/97-98 DATED 20.5.1997 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT-P16(J): TRUE COPY OF PERMIT NO.4/98-99 DATED 30.5.1998 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT-P16(K) TRUE COPY OF PERMIT NO.A9-4585/98 DATED 30.6.1998 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT-P16(L) TRUE COPY OF PERMIT NO. A9-6179/98 DATED 31.7.1998 ISSUED BY THE TAHSILDAR, DEVICOLAM

EXHIBIT-P16(M) TRUE COPY OF PERMIT NO.A9-8171/98 DATED NIL ISSUED BY THE TAHSILDAR, DEVICOLAM

EXHIBIT P17 TRUE COPY OF NO OBJECTION CERTIFICATE NO.D.DIS-339/99/A9 DATED 12.1.99 ISSUED BY THE TAHSILDAR, DEVICOLAM.

EXHIBIT P18 TRUE COPY OF THE PETITIONER'S LETTER DATED 3.2.99 TO THE TAHSILDAR, DEVICOLAM.

EXHIBIT P19 TRUE COPY OF THE PETITIONER'S LETTER DATED 3.2.99 TO THE GEOLOGIST.

EXHIBIT P20 TRUE COPY OF LETTER NO.A3-339/99 DATED 4.2.99 FROM THE TAHSILDAR TO THE GEOLOGIST OP NO. 23528 OF 1999

EXHIBIT P21 TRUE COPY OF REPORT DATED 11.2.1999 OF THE TALUK SURVEYOR, DEVICOLAM.

EXHIBIT P22 TRUE COPY OF NOTICE NO.DOI/103/M/99 DATED 18.2.99 ISSUED BY THE GEOLOGIST TO THE 4TH RESPONDENT.

EXHIBIT P23 TRUE COPY OF THE PETITIONER'S LETTER DATED 24.2.1999 TO THE CIRCLE INSPECTOR OF POLICE, MUNNAR.

EXHIBIT P24 TRUE COPY OF PETITIONER'S LETTER DATED 26.2.1999 TO THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM

EXHIBIT P25 TRUE COPY OF PETITIONER'S LETTER DATED 2.3.99 TO THE TAHSILDAR, DEVICOLAM.

EXHIBIT P26 TRUE COPY OF PETITIONER'S LETTER DATED 9.3.99 TO THE SUB COLLECTOR, DEVICOLAM

EXHIBIT P27 TRUE COPY OF PETITIONER'S LETTER DATED 17.3.99 TO THE SUB COLLECTOR, DEVICOLAM.

EXHIBIT P28 TRUE COPY OF THE NOTICE DT. 1.9.1999 TRES ISSUED BY THE PETITIONER'S ADVOCATES TO THE RESPONDENTS 1,2,4 AND

EXHIBIT P29 TRUE COPY OF THE PLAN OF THE PETITIONER'S CHUNDAVURRAI ESTATE

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(a) PHOTOCOPY OF LETTER DATED 12.1.99.

EXHIBIT R2(b) PHOTOCOPY OF LETTER DATED 25.2.99.

EXHIBIT R2(c) PHOTOCOPY OF LETTER DATED 27.2.99.

EXHIBIT R2(d) PHOTOCOPY OF REPORT DATED 20.4.99. OP NO. 23528 OF 1999

EXHIBIT R2(e) PHOTOCOPY OF REPORT DATED 23.4.99.

EXHIBIT R4(a) TRUE COPY OF THE NOTICE DT. 29.6.2000 OF THE ADVOCATE COMMISSIONER.