High Court of KeralaSingle JudgeOriginal Petition dismissed; order transferring...

Ayyappan v. State of Kerala and others

Case / Petition Number:OP(C) No. 2237 of 2011 (O)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • V. Chitambaresh
Judgment Date
2012-07-27
Court Decision / Holding
The judgment affirms the order transferring the suit to the Tribunal constituted under the Munnar Special Tribunal Act, 2010. The Civil Court’s order transferring the case is upheld; the Tribunal is directed to dispose of the suit on receipt of records within six months. The Original Petition is dismissed.
Final Disposition
Original Petition dismissed; order transferring the suit to the Tribunal under the Munnar Special Tribunal Act, 2010 is affirmed; Tribunal to dispose of the suit on receipt of records within six months.

Parties to the Case

Appellants / Petitioners

  • Ayyappan

Respondents

  • The State of Kerala represented by the Chief Secretary to Government, Government of Kerala
  • The Chief Conservator of Forests, Forest Head Quarters, Vazhutthakuadu, Thiruvananthapuram
  • Maheshkumar, Divisional Forest Officer, Munnar at Devikulam, Idukki District
  • Ajith Kumar, Forest Range Officer, Devikulam, K.D.H Village, Idukki District
  • Anilkumar Forester, Forest Station, Santhapara Village, Idukki District
  • T.N.Muraleedharan
  • Pradish

Legal Representation & Advocates

Counsels for Petitioners

  • • S. Sreekumar (Sr.)
  • • P. Martin Jose
  • • P. Prijith
  • • Aneesh James

Counsels for Respondents

  • • Lilly K.T., Government Pleader (Forest)
  • • Zubair Pulikkoool

Case Synopsis & Summary

The matter concerns OP(C) No.2237 of 2011 (O) before the Kerala High Court, arising from an order transferring O.S. No.270/2010 from the Munsiff Court, Devikulam, to a Tribunal constituted under the Munnar Special Tribunal Act, 2010. The suit, filed on 28-10-2010 after the Act came into force, sought a permanent prohibitory injunction. The petitioner asserts that the dispute is essentially between private individuals (the plaintiff and defendants 6 and 7) and that, as per the Act, only disputes involving a private party against the government would be transferred to the Tribunal, contending that the Civil Court should not adjudicate this matter. The Court clarifies the definition of “dispute” in Section 2(d) of the Act as including ownership, possession and use of land in the Munnar area, and notes the Act’s total bar on Civil Court jurisdiction under Section 10. It relies on a Division Bench decision in Kannan Devan Hills Plantation Co. Pvt. Ltd. v. State of Kerala to emphasize that the Tribunal has no original jurisdiction; disputes are only within Tribunal’s competence once transferred by a Court under Section 4 or referred by the High Court under Section 5. The High Court affirms the transfer and directs the Tribunal to decide the suit within six months after receiving records. The petition is dismissed, and the order of transfer is upheld.

Provisions of Law Cited

Munnar Special Tribunal Act, 2010Section 2(d) of the Munnar Special Tribunal Act, 2010Section 3(9) of the Munnar Special Tribunal Act, 2010Sections 4 and 5 of the Munnar Special Tribunal Act, 2010Section 10 of the Munnar Special Tribunal Act, 2010

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the dispute is essentially between the plaintiff and defendants 6 and 7 (private parties). The definition of ‘dispute’ under Section 2(d) of the Munnar Special Tribunal Act is broad and includes disputes over ownership, possession, use or rights in land in the Munnar area; the Act’s structure suggests that transfer to the Tribunal should occur where the dispute is between private individuals and the government, and only disputes pending before a Court or authority on the date of the Act would be transferrable; the Act imposes a total bar on Civil Court jurisdiction under Section 10. The petitioner argues that the Tribunal’s jurisdiction is prospective and contingent on transfer, as discussed in Kannan Devan Hills Plantation Co. Pvt. Ltd. v. State of Kerala. The petitioner therefore seeks to avoid transfer and maintain jurisdiction in the Civil Court;

Contentions of Respondents

The respondents submit that the Tribunal under the Act is the proper forum for all disputes concerning land in the Munnar area and that, per the Act (Sections 3(9), 4 and 5) and the controlling decision in Kannan Devan Hills Plantation Co., the Tribunal lacks original jurisdiction and can only adjudicate disputes that have been transferred by a Court. The Civil Court cannot entertain such disputes due to Section 10. The court below correctly directed the transfer of the suit to the Tribunal, and the Tribunal is to dispose of the matter within six months of receiving records.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Messrs. Kannan Devan Hills Plantation Company Pvt. Ltd. v. State of Kerala2010 (4) KLT 24PositiveThe Division Bench held that the Tribunal has no original jurisdiction and that it can only exercise jurisdiction once a dispute is transferred to it by a Court or authority under the Act; this supports the High Court’s conclusion that jurisdiction over such disputes lies with the Tribunal only after transfer.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **FRIDAY, THE 27TH DAY OF JULY 2012/5TH SRAVANA 1934** **OP(C).No. 2237 of 2011 (O) -------------------------OS.270/2010 of MUNI-MAGI COURT, DEVICOLAM ................................** **PETITIONER/PLAINTIFF :** **---------------------------------** **AYYAPPAN, AGED 57 YEARS, S/O.RAMASWAMY NAIDU, PUTHADI, SANTHANPARA VILLAGE, PRESENTLY R/AT KUCHINNOOR, MELMANGALAM P.O., PERIAKULAM TALUK, THENI DISTRICT, TAMILNADU.** **BY ADVS.SRI.S.SREEKUMAR (SR.)** **SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.ANEESH JAMES** **RESPONDENT(S)/DEFENDANTS :** **---------------------------------------------** **1. THE STATE OF KERALA , REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM.** **2. THE CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM.** **3. MAHESHKUMAR, DIVISIONAL FOREST OFFICER, MUNNAR AT DEVIKULAM, IDUKKI DISTRICT.** **4. AJITH KUMAR, FOREST RANGE OFFICER, DEVIKULAM, K.D.H VILLAGE, IDUKKI DISTRICT.** **Contd...2/-** **==> picture [23 x 8] intentionally omitted <==** **----- Start of picture text -----**<br> AMV<br>**----- End of picture text -----**<br> **: 2 :** ## **OP(C).No. 2237 of 2011 (O)** **5. ANILKUMAR FORESTER, FOREST STATION, SANTHAPARA VILLAGE, IDUKKI DISTRICT.** **6. T.N.MURALEEDHARAN, AGED ABOUT 65 YEARS, S/O.NARAYANA PILLAI, R/AT DOOR NO.CC 43/2444, 'SRUTHI' SRM ROAD, KOCHI-18.** **7. PRADISH, AGED ABOUT 33 YEARS, S/O.MURALEEDHARAN, R/AT DOOR NO.CC 43/2444, 'SRUTHI', SRM ROAD, COCHIN - 18.** **R1 TO R5 BY SMT.LILLY K.T., GOVERNMENT PLEADER (FOREST) R6 BY ADV. SRI.ZUBAIR PULIKKOOL** **THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Contd...3/-** **AMV** **: 3 :** ## **OP(C).No. 2237 of 2011 (O)** ## **APPENDIX** **PETITIONER(S) EXHIBITS :** **P1. : COPY OF PLAINT IN O.S.NO.270/10 OF MUNSIFF COURT, DEVIKULAM. P2. : COPY OF I.A.NO.1521/10 IN O.S.NO.270/10. P3. : COPY OF COUNTER AFFIDAVIT FILED BY RESPONDENTS 1 TO 5 TO EXHIBIT.P2. P4. : COPY OF ORDER DATED 12.04.2011 PASSED BY MUNSIFF COURT, DEVIKULAM. RESPONDENTS' EXHIBITS : NIL** **==> picture [71 x 66] intentionally omitted <==** **----- Start of picture text -----**<br> /TRUE COPY/<br>P.A.TO JUDGE<br>**----- End of picture text -----**<br> **==> picture [23 x 8] intentionally omitted <==** **----- Start of picture text -----**<br> AMV<br>**----- End of picture text -----**<br> ## **V.CHITAMBARESH,J.** = = = = = = = = = = = **O.P (C) No.2237 of 2011** = = = = = = = = = = = == = = = = Dated this the 27[th] day of July, 2012 ## **J U D G M E N T** The court of the Munsiff of Devikulam has by the order impugned transferred O.S No.270/2010 pending on its file to the Tribunal constituted under the Munnar Special Tribunal Act, 2010 ('the Act' for short) . The suit for a decree for permanent prohibitory injunction was filed on 28-10-2010 after the Act came into force on 7-8-2010. The defendant Nos. 1 and 5 in the suit are the State of Kerala and the officials of the Forest Department. Mr. S.Sreekumar, Sr.Advocate on behalf of the plaintiff however contends that the dispute is essentially between the plaintiff and defendant Nos. 6 and 7 only in the suit. 2. It is beyond dispute that the plaint schedule property is in Santhanpara Village within Munnar area covered by the territorial limits of the Act. The plaintiff contends that a transfer of the case to the Tribunal is warranted only if the dispute is between a private individual and the government. A reference in this connection to the definition of 'dispute' under Section 2(d) of the Act is apposite. It reads . **O.P (C) No.2237 of 2011** 2 “ dispute means all disputes with respect to owenership, possession , use or any rights whatsoever over or concerning the land in Munnar area as well as all constructions and other uses of the land in such area which are pending before any authority or courts.” The dispute in the instant case is one with respect to possession over a land as the suit is obviously for a decree of permanent prohibitory injunction. 3. The plaintiff further contends that only disputes which are pending before any authority or Courts on the date of the Act need be transferred. The definition of 'dispute' does not state that the same should be pending before any authority or Courts as on the date of the Act. The Act is cautiously worded and there is a total bar of jurisdiction for the Civil Court to deal with such dispute under section 10 of the Act. 4. The plaintiff lastly contends that a transfer of the dispute to the Tribunal is envisaged only in respect of cases pending before any Court or authority before the constitution of the Tribunal. The Tribunal under the Act has no jurisdiction to receive plaints and deal with the suits like in the case of Tribunals constituted under other enactments.. A Division Bench of this court in **Messrs. Kannan Devan Hills Plantation Company Pvt. Ltd. vs. State of Kerala (2010 (4) KLT 24)** held as follows. **O.P (C) No.2237 of 2011** 3 “ A combined reading of S.3 sub-s.(9) , S.4 and S.5, we are of the opinion that the Tribunal contemplated under the said Act, does not have any original jurisdiction in the sense that it cannot entertain any dispute or a cause, if approached by any person who has a “dispute” within the meaning of the expression contained in S.2 (d) of the Act. Under S.4, if such a dispute is raised before any Court* or authority, such dispute shall automatically stand transferred to the said Tribunal. It is onlly on such a transfer the Tribunal acquires the jurisdiction to resolve the dispute.” 5. The court below was therefore perfectly justified in directing the transfer of the suit to the Tribunal constituted under the Act. The Tribunal gets jurisdiction only with respect to suits so transferred by other Courts or matters referred to it by this Court under Section 5 of the Act. The jurisdiction of the Tribunal is not confined to the disputes between a private individual and a State. All disputes even between private parties in relation to property in Munnar are to be dealt with under the Act before the Tribunal only. 6. The plaintiff points out that several amendments to the Act are on the anvil. But such amendments can normally have prospective effect only. The court below as on today has no jurisdiction to continue with the suit filed before it. The order of the court below transferring the suit to the Tribunal constituted under the Act is well founded. 7. The Tribunal is however directed to dispose of the suit **O.P (C) No.2237 of 2011** 4 on receipt of the records from the Tribunal within a period of six months from the date of its receipt. The order of the court below is affirmed and the Original Petition is dismissed. **V.CHITAMBARESH. JUDGE** smm # **O.P (C) No.2237 of 2011** 5