Citation : 2026 Latest Caselaw 1960 Ker
Judgement Date : 23 February, 2026
2026:KER:16217
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
OP(C) NO. 2880 OF 2025
AGAINST THE ORDER/JUDGMENT IN IA 8/2025 IN OS NO.43 OF
2024 OF SUB COURT, KOCHI
PETITIONER/PETITIONER/PLAINTIFF:
NIRMAL KUMAR DASH
AGED 42 YEARS
S/O BASUDEV DAS, RESIDING AT GARIA STATION, NATUN
DIYARA, P.S.- SONARPUR, NAYABAD, SOUTH 24
PARGANAS, WEST BENGAL, PIN - 700150.
BY ADVS.
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
SMT.ANJANA K.
RESPONDENTS/RESPONDENTS:
1 HARRISONS MALAYALAM LIMITED
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE
AT 24/1624 BRISTOW ROAD, WILLINGDON ISLAND,
COCHIN, ERNAKULAM, KERALA, INDIA, REPRESENTED BY
ITS DIRECTOR, PIN - 682003.
2 SANJIV GOENKA
S/O LATE RAMA PRASAD GOENKA, RESIDING AT 19,
BELVEDERE ROAD, KOLKATA, PIN - 700027.
3 HARSH VARDHAN GOENKA
S/O LATE RAMA PRASAD GOENKA, RESIDING AT UNIT NO.
2026:KER:16217
OP(C) NO. 2880 OF 2025
2
208, 2ND FLOOR, BEZZOLA COMPLEX, B WING, SION
TROMBAY ROAD, OPPOSITE SUMAN NAGAR, CHEMBUR,
MUMBAI, PIN - 400071.
4 MALAYALAM PLANTATIONS (HOLDINGS) LIMITED
A COMPANY REGISTERED UNDER THE LAWS OF THE UNITED
KINGDOM, HAVING REGISTRATION NUMBER 01326834 AND
REGISTERED OFFICE AT 102 PARK LANE, CROYDON,
SURREY CR0 1JB, PIN - 1.
5 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001.
6 THE SECRETARY TO GOVERNMENT
HAVING OFFICE AT DEPARTMENT OF REVENUE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695001.
7 THE SPECIAL OFFICER AND COLLECTOR
STATE SPECIAL OFFICE, GOVT. LAND RESUMPTION,
HAVING OFFICE AT PUBLIC OFFICE BUILDINGS, MUSEUM
JN, THIRUVANANTHAPURAM, KERALA, PIN - 695033.
8 THE COMMISSIONER OF LAND REVENUE
THIRUVANANTHAPURAM,
HAVING OFFICE AT PUBLIC OFFICE BUILDING,
MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BHAVAN P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695033.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.MARTIN JOSE
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
2026:KER:16217
OP(C) NO. 2880 OF 2025
3
SRI.RAJA KANNAN
SRI.JAI MOHAN
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SMT.ANNA LINDA EDEN
SRI.HARIKRISHNAN S.
SMT.ANAVADYA SANIL KUMAR
SMT.ANJALI KRISHNA
SRI.ABHINAV P. S.
SRI.S.SREEKUMAR (SR.)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:16217
OP(C) NO. 2880 OF 2025
4
T.R. RAVI, J.
--------------------------------------------
O.P(C) No.2880 of 2025
--------------------------------------------
Dated this the 23rd day of February, 2026
JUDGMENT
When the case is taken up today, it is submitted that
the matter has been settled between the parties. In the
above circumstances, the counsel for the petitioner seeks
permission to withdraw this original petition.
Permission is granted. The original petition is
dismissed as withdrawn without prejudice to the settlement.
Sd/-
T.R.RAVI JUDGE mpm 2026:KER:16217 OP(C) NO. 2880 OF 2025
APPENDIX OF OP(C) NO. 2880 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN O. S. NO.
43/2024 DATED 23-7-2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI. Exhibit P2 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. 2 OF 2024 IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 23.07.2024. Exhibit P3 TRUE COPY OF THE SAID AFFIDAVIT AND PETITION IN I.A. NO. 5 OF 2025 IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI 11.07.2025.
Exhibit P4 TRUE COPY OF THE SAID COMMON WRITTEN STATEMENT DATED 29.07.2025 FILED BY RESPONDENT NOS. 5 TO 8 BEFORE THE SUBORDINATE JUDGES COURT, KOCHI. Exhibit P5 TRUE COPY OF THE SAID AFFIDAVIT AND PETITION IN I.A. NO. 6 OF 2025 IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 15.08.2025.
Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER HEREIN I.A. NO. 6 OF 2025 IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED DATED 19.09.2025.
Exhibit P7 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 15.08.2025. Exhibit P8 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. 4 OF 2025 IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 13.01.2025 BY THE 2026:KER:16217 OP(C) NO. 2880 OF 2025
RESPONDENT NO. 1.
Exhibit P9 TRUE COPY OF THE VAKALATNAMA FILED BY THE 2ND RESPONDENT IN O.S.NO.43/2024 BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 03.10.2024.
Exhibit P10 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. 8 OF 2025 IN O.S.NO.43/2024 FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 25.10.2025. Exhibit P11 TRUE COPY OF THE AFFIDAVIT AND PETITION
FILED BEFORE THE SUBORDINATE JUDGE'S COURT, KOCHI DATED 7-11-2025.
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