Poddar Plantations Limited vs State Of Kerala
2024 Latest Caselaw 15232 Ker

Kerala High Court

Poddar Plantations Limited vs State Of Kerala on 5 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                        WP(C) NO. 37911 OF 2017
PETITIONER:

          PODDAR PLANTATIONS LIMITED
          NOW HAVING ITS REGISTERED OFFICE AT 16A BARABOURNE
          ROAD, 9TH FLOOR, KOLKATTA - 700 001, REPRESENTED BY ITS
          AUTHORIZED SIGNATORY AND SENIOR ACCOUNTS
          OFFICER,SRI.C.K.PRAKASH, RIPON ESTATE, MEPPADI, WAYANAD
          - 673 577.

          BY ADVS.
          SRI.P.B.KRISHNAN
          SRI.P.M.NEELAKANDAN
          SRI.S.NITHIN ANCHAL
          SRI.SABU GEORGE
          SRI.P.B.SUBRAMANYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, REVENUE
          DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2     THE SPECIAL OFFICER AND COLLECTOR
          STATE SPECIAL OFFICE, GOVT. LAND RESUMPTION,PUBLIC
          OFFICE BUILDINGS, MUSEUM JN.,THIRUVANANTHAPURAM - 695
          033.

          BY ADVS.
          GOVERNMENT PLEADER
          SRI.S.B.PREMACHANDRA PRABHU SPL.GOVERNMENT PLEADER FOR
          WPC.NO.109622015 AND CONNECTED CASES

          SRI.M.RAJEEVAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37911 OF 2017


                                    2

                P.V.KUNHIKRISHNAN,J.
             ---------------------
                W.P (C) No.37911 of 2017
          ---------------------------
            Dated this the 5th day of June, 2024

                             JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from proceeding against the property of the petitioner in Mupainad, Kottapady and Chundale Villages in Vythiri Taluk specified in Ext.P24 under the Kerala Land Conservancy Act, 1957.

ii) Issue a writ of certiorari quashing Ext.P23 and P24.

iii) Issue such other writ, order or direction as this Hon'ble Court deems fit and necessary in the circumstances of the case." (SIC)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that this Court in

W.P.(C) No.26798/2016 and connected cases set aside the

similar impugned orders. If that is the case, this writ

petition need not be retained here. In the light of the same,

Ext.P24 need not be retained here.

Therefore, this writ petition is disposed of quashing

Ext.P24. The directions in the common judgment dated WP(C) NO. 37911 OF 2017

07.11.2018 in W.P.(C) No.26798/2016 and connected cases

will follow in this case also.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng WP(C) NO. 37911 OF 2017

APPENDIX OF WP(C) 37911/2017

PETITIONER EXHIBITS

EXHIBIT-P1: TRUE PHOTOCOPY OF THE SALE DEED DATED 11.1.1973 REGISTERED AS DOCUMENT NO.50 OF 1973 IN KOZHIKODE SRO.

EXHIBIT-P2: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1596070 DATED 12.5.2015 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P3: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1596071 DATED 12.5.2015 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P4: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1596072 DATED 12.5.2015 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P5: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1596073 DATED 12.5.2015 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P6: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1596074 DATED 12.5.2015 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P7: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1915984 DATED 22.8.2016 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P8: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1915986 DATED 22.08.2016 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P9: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1915987 DATED 22.08.2016 ISSUED FROM THE KOTTAPADI VILLAGE.

EXHIBIT-P10: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1915988 DATED 22.08.2016 ISSUED FROM THE KOTTAPADI VILLAGE. WP(C) NO. 37911 OF 2017

EXHIBIT-P11: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1753679 DATED 16.3.2016 ISSUED FROM THE CHUNDALE VILLAGE.

EXHIBIT-P12: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1960142 DATED 28.3.20167 ISSUED FROM THE CHUNDALE VILLAGE.

EXHIBIT-P13: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1484793 DATED 30.4.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P14: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1484793 DATED 4.2.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P15: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1484794 DATED 4.2.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P16: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1484795 DATED 4.2.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P17: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1484796 DATED 30.4.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P18: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1594433 DATED 30.4.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P19: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1594434 DATED 30.4.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P20: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1594435 DATED 30.4.2015 ISSUED FROM THE MUPPAINAD VILLAGE.

EXHIBIT-P21: TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NO.1594436 DATED 30.4.2015 ISSUED FROM THE MUPPAINAD VILLAGE. WP(C) NO. 37911 OF 2017

EXHIBIT-P22: TRUE PHOTOCOPY OF THE LIST SHOWING THE EXTENT AND SURVEY NUMBERS OF THE PROPERTIES OF THE PETITIONER.

EXHIBIT-P23: TRUE PHOTOCOPY OF G.O. (MS)NO.703/2015/RD DATED 3.12.2015.

EXHIBIT-P24: TRUE PHOTOCOPY OF NOTICE NO.GLR(LR) 83/2017 DATED 1.4.2017 ISSUED BY RESPONDENT NO.2.

EXHIBIT-P25: TRUE PHOTOCTOPY OF LETTER NO.RPN/0506/LM/2017 DATED 16.10.2017 ISSUED BY THE PETITIONER.