N.R. Renish v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 18[TH] DAY OF NOVEMBER 2021 / 27TH KARTHIKA, ``` ## **`1943`** ## **`WP(C) NO. 16748 OF 2008`** ## **`PETITIONER/S:`** ``` N.R.RENISH 36, RESIDING AT NJALUPADI HOUSE,, A.M ROAD,P.O. PERUMBAVOOR, ERNAKULAM-42. ``` ``` BY ADVS. SRI.C.S.MANU SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.S.K.PREMRAJ SRI.T.B.SIVAPRASAD V.SARITHA PREMRAJ ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA AND 4 OTHERS TO GOVERNMENT OF KERALA, DEPARTMENT OF, REVENUE, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM-33.` - `2 THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,, THIRUVANANTHAPURAM-33.` - `3 THE DISTRICT COLLECTOR COLLECTORATE KUYILIMALA, P.O. PAINAVU, IDUKKI-03.` - `4 THE REVENUE DIVISIONAL OFFICER DEVICOLAM, IDUKKI-13.` - `5 THE TAHSILDAR UDUMBANCHOLA TALUK IDUKKI-54.` - `6 KERALA STATE TOURISM DEVELOPMENT CORPORATION LTD. CORPORATE OFFICE, MASCOT SQUARE, THIRUVANAMTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR` -2- W.P.(C). No. 16748 of 2008 ``` BY ADVS. SHRI.P.A.AHAMED, SC, KTDC LTD. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, KTDC ``` ## **`OTHER PRESENT:`** ``` SRI.S.RENJITH, SPL.GP TO AAG ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- W.P.(C). No. 16748 of 2008 ## **P.V.KUNHIKRISHNAN, J.** ================================================= W.P.(C) No.16748 of 2008 ============================================================= Dated this the 18[th] day of November, 2021 ## **JUDGMENT** The above writ petition is filed with following prayes: - “i. Issue a Writ of Certiorari or any other appropriate writ, order or direction calling for the records leading to Exts. P-15, P-16, and P-19 and quash Exts. P-15, P-16, and P-19, - i(a) Issue as writ of certiorari or any other appropriate writ or direction calling for the records of Ext.P-21 and quash Ext P-21. - ii. Allow cost of this petition to the petitioner, and iii Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.” 2. Today, when the matter came up for consideration, the counsel for the petitioner and the learned Government Pleader submitted that the matter is covered by the judgment of -4- W.P.(C). No. 16748 of 2008 this Court in Munnar Woods Partnership Firm v. State of Kerala and Others (2009 (3) KHC 412) , which is confirmed by the Division Bench of this Court as per judgment dated 25.07.2014 in W.A. Nos.1721 and 1878 of 2009. But the learned Government Pleader submitted that SLP is pending but it is conceded that no interim order was passed by the Apex Court in the SLP. The Government Pleader submitted that as per the judgment of the Division Bench, it is clearly stated in the last paragraph that the Government can take appropriate steps/action in accordance with law. The learned Government Pleader submitted that, the same liberty may be given in this case also. 3. I perused the judgment cited by the parties. I think the matter is squarely covered by the above judgment. In the light of the above submission, I think the writ petition is to be allowed quashing the impugned orders. -5- W.P.(C). No. 16748 of 2008 Therefore, this writ petition is allowed in the following manner: 1. Exts.P15, P16, P19 and P21 are quashed. 2. Respondents are directed to restore the land received from the petitioner as per the above impugned orders/ 3. But I make it clear that the Government can take appropriate action in accordance to law against the petitioner as observed by the Division Bench of this Court in the judgment dated 25.07.2014 in WA Nos.1721 & 1878 of 2009. **Sd/P.V.KUNHIKRISHNAN JUDGE** das -6- W.P.(C). No. 16748 of 2008 ## **`APPENDIX OF WP(C) 16748/2008`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1 TRUE PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE PARTITION DEED NO.516/1967 DATED 30/05/1967 OF THE SRO, DEVIKULAM.` - `Exhibit P2 TRUE PHOTOSTAT COPY OF THE SALE DEED NO. 1343/1993 DATED 06/10/1993 OF THESRO, RAJAKUMARI.` - `Exhibit P3 TRUE PHOTOSTAT COPY OF THE SALE DEED NO. 266/2000 DATED 03/02/2000 OF THE SRO, RAJAKUMARI.` - `Exhibit P4 TRUE PHOTOSTAT COPY OF THE CERTIFICATE NO. 524/93 DATED 06/10/1993 ISSUED BY THE VILLAGE OFFICER, BISON VALLEY VILLAGE, VIS-A-VIS 2.50 ACRES OF LAND IN SURVEY NO. 232/I OF BISON VALLEY VILLAGE.` - `Exhibit P5 THE PHOTOSTT COPY OF THE BASIC TAX RECEIPT NO. 2 OF BOOK NO. 721 DATED 23/03/2000 ISSUED BY THE VILLAGE OFFICER, BISON VALLEY VILLAGE` - `Exhibit P6 TRUE PHOTOSTAT COPY OF THE NO OBJECTION CERTIFICATE DATED 26/05/2000 ISSUED BY THE SECRETARY, BISON VALLEY GRAMA PANCHAYATH.` - `Exhibit P7 TRUE PHOTOSTAT COPY OF THE CERTIFICATE NO.35/2000 DATED 26/07/2000 ISSUED BY THE SPECIAL DEPUTY TAHSILDAR (CARDAMOM SETTLEMENT), DEVIKULAM.` - `Exhibit P8 TRUE PHOTOSTAT COPY OF THE LICENCE NO. C-151/83/06-07 DATED 26/03/2007 ISSUED BY THE SECRETARY, BISON VALLY GRAMA PANCHAYATH.` - `Exhibit P9 TRUE PHOTOSTAT COPY OF THE NOTICE NO. KI-26150/07 DATED 29/06/2007 ISSUED BY THE DISTRICT COLLECTOR, IDUKKI.` -7- W.P.(C). No. 16748 of 2008 - `Exhibit P10 TRUE PHOTOSTAT COPY OF THE STATEMENT OF OBJECTIONS DATED 05/07/2007 (EXCLUDING ANNEXURES) IN KI-26150/07 SUBMITTED BY THE PETITIONER.` - `Exhibit P11 TRUE PHOTOSTAT COPY OF THE NOTES OF ARGUMENTS DATED 08/07/2007 IN KI26150/07 SUBMITTED BY THE PETITIONER.` - `Exhibit P12 TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 11/07/2007 IN WPC NO.21344/2007 ON THE FILES OF THIS HON'BLE COURT.` - `Exhibit P13 TRUE PHOTOSTAT COPY OF THE NOTICE NO. G2-6803/07 DATED 08/02/2008 ISSUED BY THE TAHSILDAR, UDUMANCHOLA TO THE PETITIONER.` - `Exhibit P14 TRUE PHOTOSTAT COPY OF THE NOTICE NO. G2-6803/2007 DATED 12/02/2008 ISSUED BY THE TAHSILDAR, UDUMBANCHOLA TO THE PETITIONER.` - `Exhibit P15 TRUE PHOTOSTAT COPY OF THE ORDER NO. KI-26180/2007 DATED 13/02/2008 ISSUED BY THE ISSUED BY THE DISTRICT COLLECTOR, IDUKKI TO THE PETITIONER.` - `Exhibit P16 TRUE PHOTOSTAT COPY OF THE NOTICE NO. G2-6803/07 DATED 14/02/2008 ISSUED BY THE TAHSILDAR, UDUMBANCHOLA TO THE PETITIONER.` - `Exhibit P17 TRUE PHOTOSTAT COPY OF THE MEMORANDUM OF APPEAL DATED 10/03/2008 (EXCLUDING ANNEXURES) PREFERRED AGAINST EXT.P 15 ORDER BEFORE THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM.` - `Exhibit P18 TRUE PHOTOSTAT COPY OF THE NOTES OF ARGUMENTS DATED 24/04/2008 IN LR(K)I11498/2008 SUBMITTED BY THE PETITIONER.` - `Exhibit P19 TRUE PHOTOSTAT COPY OF THE ORDER DATED 06/05/2008 IN LR(K)I-11498/2008 DATED 06/05/2008 ISSUED BY THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM.` -8- W.P.(C). No. 16748 of 2008 - `Exhibit P20` - `TRUE PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE THANDAPER ACCOUNT PERTAINING TO SY. NO.232/1 OF BISON VALLEY VILLAGE ISSUED BY THE VILLAGE OFFICER, BISON VALLEY.` - `Exhibit P21 TRUE COPY OF THE ORDER BEARING NO. G(RT) NO.1055/2009/TSM DATED 09/02/2009 ISSUED BY THE 1ST RESPONDENT.` - `Exhibit P22 TRUE COPY OF THE LETTER BEARING NO. KTDC/PA(3)/8802/60/11 DATED 14/09/2011 AND THE ACCOMPANYING THE STATEMENT OF ACCOUNTS FURNISHED BY THE PUBLIC INFORMATION OFFICER, HOTELS AND RESORTS LIMITED.` - `Exhibit P23 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN IA NO. 750/2010 IN WA 1193/2009.` - `Exhibit P24 CERTIFIED COPY OF THE EXTRACTS FROM THE MINUTES OF THE 268TH MEETING OF THE BOARD OF DIRECTORS OF THE 6TH RESPONDENT HELD ON 28TH DECEMBER, 2011.` - `Exhibit P25 CERTIFIED COPY OF THE LETTER DATED 29/12/2011 ISSUED BY THE 6TH RESPONDENT TO THE GOVERNMENT UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005.` - `Annexure A1 TRUE COPY OF THE STATEMENTS FOR THE PERIOD OF MARCH 2009.` - `Annexure A2 TRUE COPY OF THE STATEMENTS FOR THE PERIOD OF APRIL 2009.` - `Annexure A3 TRUE COPY OF THE STATEMENT FOR THE PERIOD OF MAY 2009.` - `RESPONDENT EXHIBITS` - `Exhibit R3(A) BASIC TAX REGISTER.` -9- W.P.(C). No. 16748 of 2008 ``` Exhibit R3(B) ``` ``` LETTER NO. 60585/E2/07/RD DATED 30/08/2007 OF REVENUE DEPARTMENT. ``` ``` Exhibit R3(C) ``` - `REPORT OF THE TAHSILDAR, UDUMBANCHOLA DATED 27/06/2007.` - `Exhibit R6(A) TRUE COPY OF THE ORDER GO(RT) NO.1055/2009/TSM DATED 09/02/2009.` ``` Exhibit R6(B) ``` - `TRUE COPY OF THE EXTRACT OF MINUTES OF THE 256TH BOARD MEETING DATED 21/03/2009.` - `Exhibit R6(C) TRUE COPY OF THE ORDER GO(RT) NO.2140/2009/TSM DATED 24/03/2009.` - `Exhibit R6(D) TRUE COPY OF THE LETTER NO. KTDC/MD/OFR/09 DATED 17/06/2016.` - `Exhibit R9(E) TRUE COPY OF THE LETTER NO. KTDC/MD/OFR/09 DATED 21/07/2011.` - `Exhibit R6(F) TRUE COPY OF THE LETTER NO. KTDC/CM/OAK-FR/11 DATED 19/12/2011.` ``` Exhibit R6(G)TRUE COPY OF THE EXTRACT OF MINUTE OF THE 268TH MEETING OF THE BOARD OF DIRECTORS HELD ON 28/12/2011. ``` ``` Exhibit R6(H)TRUE COPY OF THE LETTER NO. KTDC/CM/OAK-FR/12 DATED 04/07/2012. ```