High Court of KeralaSingle Judge2018-10-30Writ petitions disposed with directions: set as...

M/S Priya Rubber Estates & Plantations (P) Ltd v. State of Kerala and others (consolidated WPs)

Case / Petition Number:WP(C).No. 38958 of 2015; WP(C).No. 7241 of 2018; WP(C).No. 16876 of 2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman, J.
Judgment Date: 2018-10-30
Court Decision / Holding: Writ petitions disposed: (i) Ex.P15 in WP7241/18 and Exhibit P17 in WP38958/15 set aside; (ii) proceedings under the Kerala Land Conservancy Act cannot be invoked where the petitioners have a valid claim to title; the State must institute civil proceedings to establish title; (iii) basic tax can be accepted from petitioners on the basis of title deeds, subject to adjudication on title.
Final Disposition: Writ petitions disposed with directions: set aside specific orders under the Kerala Land Conservancy Act, declare that petitioners have title and the State must pursue civil title actions, allow basic tax based on title deeds subject to adjudication.

Parties to the Case

Appellants / Petitioners

M/S. Priya Rubber Estates & Plantations (P) Ltd represented by its Director Dr.K.G.Suresh
Dr.K.G.Suresh (Petitioner in WP16876/2018)

Respondents

State of Kerala represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram
The Additional Chief Secretary to Government, Home Department, Government Secretariat, Thiruvananthapuram
The Special Officer, State Special Officer, Government Land Resumption, Public Office Building, Museum Junction, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Dr.K.P.Satheesan (Sr.)
• Sri.Anoop.V.Nair
• Sri.K.Sudhinkumar
• Sri.P.Mohandas (Ernakulam)
• Sri.S.Vibheeshanan
• Sri Muhammed Ibrahim Abdul Samad
• Sri Sabu Pullan
• Sri S.K.Adhithyan
• SPL GP Mohammed Anzar

Counsels for Respondents

• Sri S.B. Premachandra Prabhu (Spl Government Pleader)
• SPL GP Mohammed Anzar

Case Synopsis & Summary

This is a consolidated writ petition challenging actions taken under the Kerala Land Conservancy Act, 1957 in respect of lands owned by the petitioner company, M/S Priya Rubber Estates & Plantations (P) Ltd, traced back to vendors whose title traces to Harrisons Malayalam Ltd. The petitions arise from notices, evictions, and orders directing resumption of government land, and the assessment of land tax on the property. The petitioner contends that Harrisons Malayalam Ltd. was in illegal possession and, consequently, the Special Officer appointed under the Act cannot adjudicate title, declare conveyances void, or evict occupants where title is disputed. It relies on a Division Bench decision in Harrisons Malayalam Ltd. v. State of Kerala (2018(2) KHC 719), which held that the Act’s provisions are confined to removal of encroachments on Government land and that a finding of government land is a jurisdictional prerequisite. The government argues that possession may be taken and records altered under the Act, pending final title disputes and SLP outcomes. The Supreme Court’s dismissal of the SLP against the Division Bench has relevance. The court ultimately holds the Act proceedings to be incompetent where title is contested, sets aside the challenged orders (Exhibits P15 and P17), and directs civil proceedings to establish title, while allowing basic tax payment based on title deeds subject to adjudication. The petitions are disposed with these directions.

Provisions of Law Cited

Kerala Land Conservancy Act, 1957Section 7 of the Revenue Recovery Act

Legal Doctrines & Maxims

Jurisdictional pre-requisite: a finding that the property is Government land is required before invoking the Kerala Land Conservancy Act
The Act is applicable only to removal of encroachments on Government land
A bona fide assertion of title by the occupant prevents wholesale eviction under the Act
Civil title disputes must be resolved by civil courts; the Land Conservancy Act cannot convey title or grant eviction where title is contested
Where title is in dispute, proceedings under the Act are incompetent and unenforceable

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the Special Officer under the Kerala Land Conservancy Act cannot adjudicate on title, issue declarations, or evict occupants where title is disputed. They rely on Harrisons Malayalam Ltd. v. State of Kerala (2018(2) KHC 719) to argue that the Act is confined to removal of encroachments on Government land and cannot confer title. Mutations, tax payments, and sale deeds suggest private ownership; any government declaration of land as Government land lacks jurisdiction where title is contested. The petitioners seek protection of their title and tax rights until civil title is resolved.

Contentions of Respondents

The State contends that the Kerala Land Conservancy Act empowers action against encroachments on Government land, with possession and notices being valid under interim circumstances. It argues that when encroachments are found or government land is involved, the Act provides for eviction and resumption; it asserts that title disputes are to be resolved in civil courts and that executive actions and revenue record changes can proceed prior to final title adjudication; SLPs and interim orders may affect timelines, but do not negate the Act’s powers.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Harrisons Malayalam Ltd. and another v. State of Kerala and another	2018(2) KHC 719	Positive	Cited to support the proposition that the Kerala Land Conservancy Act is limited to removal of encroachments on Government land and requires a finding of government land as a jurisdictional prerequisite.
W.P.(C).No. 13744/2007	W.P.(C).No.13744/2007	Mentioned Only	Exhibit P10 references this judgment; its detailed treatment in the present decision is not elaborated.
W.P.C.No. 33122/2014 & Connected Matters	W.P.C.No.33122/2014 & Connected Matters	Mentioned Only	Referenced in Appendix P6; not discussed in the reasoning.

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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 MRS. JUSTICE ANU SIVARAMAN** **TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940** ## **WP(C).No. 38958 of 2015** ## **PETITIONER** **M/S. PRIYA RUBBER ESTATES & PLANTATIONS (P) LTD REPRESENTED BY ITS DIRECTOR DR.K.G.SURESH,KOCHUTHOPPIL HOUSE,PARUMALA.P.O,THIRUVALLA,PATHANAMTHITTA DISTRICT.** **BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.ANOOP.V.NAIR SRI.K.SUDHINKUMAR SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT**| ||**SECRETARIAT,THIRUVANANTHAPURAM-695001.**| |**2**|**THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT**| ||**HOME DEPARTMENT,GOVERNMENT**| ||**SECRETARIAT,THIRUVANANTHAPURAM-695001.**| |**3**|**THE SPECIAL OFFICER DISTRICT COLLECTOR**| ||**STATE SPECIAL OFFICER,GOVERNMENT LAND**| ||**RESUMPTION, PUBLIC OFFICE BUILDING,MUSEUM**| ||**JUNCTION,THIRUVANANTHAPURAM-695033.**| ## **BY ADVS.** **SRI.S.B.PREMACHANDRA PRABHU SPL.GOVERNMENT PLEADER** ## **OTHER PRESENT:** ## **SPL GP MOHAMMED ANZAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.7.2018, ALONG WITH WP(C).7241/2018, WP(C).16876/2018, THE COURT ON 30.10.2018 DELIVERED THE FOLLOWING:** W.P.(C).No.38958/15 & con.cases 2 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940** **WP(C).No. 7241 of 2018** ## **PETITIONER:** **M/S. PRIYA RUBBER ESTATES & PLANTATIONS (P) LTD.** **REPRESENTED BY ITS DIRECTOR DR. K.G. SURESH,KOCHUTHOPPIL HOUSE, PARUMALA PO,THIRUVALLA, PATHANAMTHITA DISTRICT** **BY ADVS.** **DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.P.MOHANDAS (ERNAKULAM) SRI.SABU PULLAN SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001** - **2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMETN SECRETARIAT,THIRUVANANTHAPURAM 695001** - **3 THE SPECIAL OFFICER STATE SPECIAL OFFICE,GOVERNMENT LAND RESUMPTION,PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,THIRUVANANTHAPURAM 695033** ## **BY SPL GP MOHAMMED ANZAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.7.2018, ALONG WITH WP(C).16876/2018, WP(C).38958/2015, THE COURT ON 30.10.2018 DELIVERED THE FOLLOWING:** W.P.(C).No.38958/15 & con.cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940** ## **WP(C).No. 16876 of 2018** ## **PETITIONER:** **DR.K.G.SURESH AGED 46 YEARS KOCHUTHOPPIL HOUSE, PARUMALA P.O.,THIRUVALLA, PATHANAMTHITTA** **BY ADV. SRI.D.SAJEEV** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO**| ||**GOVERNMENT,DEPARTMENT OF REVENUE, KERALA**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM**| |**2**|**SPECIAL OFFICER AND COLLECTOR**| ||**GOVERNMENT LAND RESUMPTION, PUBLIC OFFICE**| ||**BUILDINGS, THIRUVANANTHAPURAM**| |**3**|**VILLAGE OFFICER**| ||**VILLAGE OFFICE, ARYANKAVU**| ## **BY SPL GP MOHAMMED ANZAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.7.2018, ALONG WITH WP(C).7241/2018, WP(C).38958/2015, THE COURT ON 30.10.2018 DELIVERED THE FOLLOWING:** W.P.(C).No.38958/15 & con.cases 4 ## **= = = = = = = = = = = = = = =** ## **W.P.(C).Nos.38958 of 2015, 7241 & 16876 of 2018** ## **= = = = = = = = = = = = = = = =** ## **JUDGMENT** - 1.W.P.(C).No.38958 of 2015 is filed by the company challenging Exhibit P17 order directing resumption of the land under the Kerala Land Conservancy Act, while W.P.(C).No.7241 of 2018 is filed by the company seeking directions not to interefere with the agricultural operations of the company. W.P. (C).No.16876 of 2018 is filed by the a Director of the company seeking acceptance of land tax in respect of the property. - 2.Heard the learned counsel for the petitioners and the learned Government Pleader. - 3.The issue raised in these writ petitions are with regard to the right of the petitioners in respect of lands in their possession which had been purchased by them from earlier vendors tracing title back to M/s. Harrisons Malayalam Limited. - 4.The contention of the petitioners is that on the ground that M/s.Harrisons Malayalam Ltd. was in illegal possession of 5 ## W.P.(C).No.38958/15 & con.cases large extent of land, action has been initiated against that company and its assignees under the provisions of the Land Conservancy Act. The petitioner-company had purchased 492.13 acres of land in Sy.Nos.393/1, 414/1, 415/1, 416/1, 417/1, 418/1, 418/1, 419/1, 420/1, 421/1, 422/1, 423/1 and 426/1 of Aryankavu village (old Pathanapuram). It is stated that mutation was effected and the company had been remitting land tax. While so, notices were issued by the Special Officer and Collector, Government Land Resumption claiming that the property is a Government property and is liable to be resumed. It is stated that the property had been subject to a mortgage and proceedings were initiated in the DRT. Pursuant to payment of amounts due to the bank, the documents are liable to be released. It is while so that the notice had been issued requiring the petitioner to vacate the premises on the assumption that the property is Government land. 5.Relying on the decision of a Division Bench of this Court in ## _**Harrisons Malayalam Ltd. and another v. State of Kerala**_ _**and another**_ [2018(2) KHC 719], it is contended that the 6 W.P.(C).No.38958/15 & con.cases special officer appointed under the Kerala Land Conservancy Act, 1957 cannot arrogate to himself the power of the Civil Court that he has no jurisdiction to declare a registered conveyance void and cannot adjudicate on title and carry out eviction. It is stated that no summary eviction under the Kerala Land Conservancy Act is possible when the occupants _bona fide_ raise an assertion as to title. - 6.The learned Special Government Pleader for Revenue submits that pursuant to notice for eviction, possession of the land in question had been taken over and boards had been erected by the official respondents proclaiming the property to be the Government land. It is stated that changes were effected in the revenue records on the strength of interim orders issued by this Court, which are not under challenge. It is further submitted that a Special Leave Petition is filed against the decision of the Division Bench and that further proceedings in the matter may await the decision in the SLP. - 7.I have considered the contentions advanced. The Division Bench of this Court has clearly held that the provisions of the ## W.P.(C).No.38958/15 & con.cases 7 Kerala Land Conservancy Act, 1957 are available only in respect of removal of encroachments on Government land. A finding that the property is a Government land, as provided in the Act is a jurisdictional pre-requisite for the initiation of any proceeding under the said Act. In the instant case, the petitioners have raised a clear claim as to the title of the properties in question. - 8.The SLP filed against the judgment of the Division Bench has also been dismissed by the Apex Court. The taking over possession of the property or planting of boards thereon cannot confer title on the government in view of the finding that the proceedings initiated were without jurisdiction - 9.In the above view of the matter, I am of the opinion that the decision of the Division Bench applies into the facts of this case as well. The proceedings issued in terms of the Kerala Land Conservancy Act are, therefore, incompetent and unenforceable. In the result, the following directions are issued:- i)Ext.P15 in W.P.(C).No. 7241/18 and Exhibit P17 in W.P.(C).No. W.P.(C).No.38958/15 & con.cases 8 38958 of 2015 are set aside. ii)Since the petitioners have raised a valid claim to title, it is declared that proceedings under the Land Conservancy Act cannot be invoked and the State has to institute appropriate civil proceedings to establish its title in accordance with law. iii) Basic tax can be accepted from the petitioners on the basis of the title deeds relied on by them, subject to any adjudication on title. Writ petitions are ordered accordingly. Sd/- **Anu Sivaraman, Judge** sj W.P.(C).No.38958/15 & con.cases 9 ## **APPENDIX OF WP(C) 38958/2015** **PETITIONER'S EXHIBITS:** **ANNEXURE P16** **P16 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24-07-2015(WITHOUT ANNEXURES)** **EXHIBIT P1** - **P1 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARTNERS OF ACHANKOVIL ESTATES IN FAVOUR OF BABY PLANTATIONS DATED 1705-1980** **EXHIBIT P2** - **P2 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARNTERS OF BABY PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS DATED 8-4-1983** **EXHIBIT P3** - **P3 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARNTERS OF BABY PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS DATED 13-03-1985** - **EXHIBIT P4 P4 TRUE COPY OF THE TAX RECEIPT DATED 20-03-1989 SHOWING THE REMITTANCE OF PLANTATION TAX** - **EXHIBIT P5 P5 TRUE COPY OF THE TAX RECEIPT DATED 21-02-1990 SHOWING THE REMITTANCE OF PLANTATION TAX FOR THE YEAR 1989** - **EXHIBIT P6 P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE DATED 19-10-1990** - **EXHIBIT P7 P7 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE DATED 27-03-1992** - **EXHIBIT P8 P8 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE, DATED 15-07-1992** W.P.(C).No.38958/15 & con.cases 10 **EXHIBIT P9** **P9 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE DATED 22-08-1992** **EXHIBIT P10** **P10 TRUE COPY OF THE JUDGMENT DATED 1307-2009 IN W.P(C)13744/2007** - **EXHIBIT P11** - **P11 TRUE COPY OF THE INTIMATION GIVEN BY THE CANARA BANK DATED 12-09-2007** - **EXHIBIT P12** - **P12 TRUE COPY OF THE LETTER GIVEN BY THE CANARA BANK TO THE PETITIONER DATED 2-6-2008** - **EXHIBIT P13 P13 TRUE COPY OF THE RECEIPT ISSUED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER,ACHANKOVIL DATED 31-03-2010** **EXHIBIT P14** - **P14 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND THE LEADERS OF THE EMPLOYEES UNION MADE IN THE PRESENCE OF ADDITIONAL LABOUR COMMISSIONER DATED 27-07-2011** - **EXHIBIT P15 P15 TRUE COPY OF THE NOTICE NO.GLR(LR)81/2015 DATED 22-08-2015 GIVEN BY THE 3RD RESPONDENT** - **EXHIBIT P17 P17 TRUE COPY OF THE ORDER NO.GLR-(LR)81/2015 DATED 22.08.2015 ISSUED BY THE 3RD RESPONDENT.** True copy PS to Judge W.P.(C).No.38958/15 & con.cases 11 ## **APPENDIX OF WP(C) 7241/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE SALE DEED EXECUTED BY THE PARTNERS OF ACHANKOVIL ESTATES IN FAVOUR OF BABY PLANTATIONS DATED 17.05.1980** **EXHIBIT P2 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARTNERS OF BABY PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS DATED 08.04.1983** **EXHIBIT P3 TRUE COPY OF THE SALE DEED EXECUTED BY THE PERTNERS OF KAILAS PLANTATIONS IN FAVOUR OF THE PETITIONER DATED 13.03.1985** - **EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 20.03.1989 SHOWING THE REMITTANCE OF PLANTATION TAX** - **EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 21.02.1990 SHOWING THE REMITTANCE OF PLANTATION TAX FOR THE 1989** - **EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE VILLAGE OFFICER, ARYANKAVU VILLAGE DATED 19.10.1990** - **EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARAYAN KAVU VILLAGE DATED 27.03.1992** - **EXHIBIT P8 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARAYANKAVU VILLAGE DATED 15.07.1982** **EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARAYANKAVU VILLAGE DATED 22.08.1982** **EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 13.07.2009 IN WPC.NO. 13744/2007** W.P.(C).No.38958/15 & con.cases 12 **EXHIBIT P11 TRUE COPY OF THE INTIMATION GIVEN BY THE CANARA BANK DATED 12.09.2007** **EXHIBIT P12 TRUE COPY OF THE LETTER GIVEN BY THE CANARA BANK TO THE PETITIONER DATED 02.06.2008** - **EXHIBIT P13 TRUE COPY OF THE RECEIPT ISSUED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER, ACHANKOVIL DATED 31.03.2010** - **EXHIBIT P14 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND THE LEADERS OF THE EMPLOYEES UNION MADE IN THE PRESENCE OF ADDITIONAL LABOUR COMMISSIONER DATED 27.07.2011** - **EXHIBIT P15 TRUE COPY OF THE NOTICE NO. GLR (LR) 81/2015 DATED 22.08.2015 GIVEN BY THE 3RD RESPONDENT** - **EXHIBIT P16 TRUE COPY OF THE DEMAND ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT AS COLLECTORATE FILE NO. 2016/21471/3 DATED 31.08.2016** **EXHIBIT P17 TRUE COPY OF THE LETTER WRITTEN BY THE COMMISSIONER COMMERCIAL TAXES TO THE SECRETARY, TAXES DEPARTMENT DATED 11.07.2012** True copy PS to Judge W.P.(C).No.38958/15 & con.cases 13 ## **APPENDIX OF WP(C) 16876/2018** ## **PETITIONER'S/S EXHIBITS:** **EXT.P1: COPY OF THE JUDGMENT IN WPCNO. 13744/2017 DATED 13/7/2007 EXT.P2: COPY OF THE RELEVANT PAGES OF THE ORDER OF THE R2 DATED 22/8/2015. EXT.P3: COPY OF THE NOTICE OF BY THE R2 DATED 22/8/2015 EXT.P4: COPY OF THE MAHAZAR DATED 4/11/2017. EXT.P5: COPY OF THE ORDER OF THE R2 DATED 16/11/2017. EXT.P6: COPY OF THE RELEVANT PAGES OF THE JUDGMENT IN WPC NO. 33122/2014 & CONNECTED MATTERS DATED 11/4/2018.** True copy PS to Judge