High Court of KeralaSingle Judge2020-01-07Writ petition allowed; petitioners permitted to...

The Travancore Rubber and Tea Co. Ltd. v. State of Kerala & Others

Case / Petition Number:WP(C).No.28246 OF 2019(E)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: ANU SIVARAMAN
Judgment Date: 2020-01-07
Court Decision / Holding: This writ petition is ordered accordingly. The 4th respondent shall identify the rubber trees the petitioners may cut and remove, value them, and the petitioners shall execute a bond—if later found the State owns the land, they will compensate the value of the trees. The Gravellia trees’ removal is left open; any required permits for transport must be obtained. The court holds no seigniorage can be claimed for rubber trees on land to which the petitioners have title per Ext.P1.
Final Disposition: Writ petition allowed; petitioners permitted to cut/remove rubber trees on land they claim title to (Ext.P1) subject to bond; 4th respondent to identify trees and value; sanction to transport subject to permits; Gravellia removal left open; three-week time-frame for procedure.

Parties to the Case

Appellants / Petitioners

Travancore Rubber and Tea Co. Ltd.
Mr.R.Sivaramakrishna Sarma (Chief Executive)

Respondents

State of Kerala represented by the Secretary to Government, Department of Revenue, Government Secretariat, Thiruvananthapuram
The District Collector Kollam District
The Revenue Divisional Officer, Vidya Nagar, Kollam
The Tahsildar, Pathanapuram Taluk, Pallimukku, Kollam
The Village Officer Thenmala Village, Kollam
The Village Officer Aryankavu Village, Kollam
Addl.R7. The Tahsildar, Punalu r, Kollam (Suo Motu impleaded as per order dated 18/11/2019)

Legal Representation & Advocates

Counsels for Petitioners

• Sri Joseph Kodianthara (Sr.)
• Sri Abraham Joseph Markos
• Sri Isaac Thomas
• Sri P.G.Chandapillai Abraham
• Sri Vipin Anto H.M.
• Sri Alexander Joseph Markos
• Sri Sharad Joseph Kodanthara

Counsels for Respondents

• Sri Sandesh Raja.K., Spl. G.P. (Forest)

Case Synopsis & Summary

This is a Kerala High Court writ petition (WP(C).No.28246 of 2019) by Travancore Rubber and Tea Co. Ltd. challenging the State’s stance on cutting rubber trees on land claimed by the petitioners in Pathanapuram Taluk, Kollam, which was purchased from Harrisons Malayalam Ltd. Following cyclone Ockhi in November 2017, thousands of Gravellia trees and rubber trees on the property were damaged; the petitioners sought permission to fell and remove wind-fallen and aged trees, contending they hold title to the land via Ext.P1 and that no valid orders had been passed denying removal. The respondents argued titles to the land are questionable and invoked the Travancore Waste Land Rules, under which timber not required for the grantee’s use must be handed to the Forest Department; permission to fell and payment of seigniorage were prerequisites. The Court recalled a prior decision (M/s Harrison Malayalam Ltd & others v State of Kerala & others, 2018 (2) KLT 369) striking down Land Conservancy Act proceedings against the company and permitting civil action if title is in doubt. Relying on Ext.P8 (a similar earlier judgment) the Court held that seigniorage cannot be claimed for rubber trees on land where the petitioners have title (Ext.P1) and permitted cutting/removal, subject to a bond compensating the State if later found to own the land. The gravellia issue was left open. The petition is allowed as stated.

Provisions of Law Cited

Travancore Waste Land RulesKerala Land Conservancy ActTravancore Waste Land Assignment Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that they own the land in Pathanapuram Taluk by Ext.P1 sale deed from Harrisons Malayalam Ltd. After Cyclone Ockhi, wind-fallen rubber trees and Gravellia were cleared, and they sought permission to fell unyielding trees. They contended their title is backed by Ext.P1 and that the State has no valid claim to prevent removal. They asserted bonafide actions to restore productive use and proposed to execute a bond indemnifying the State if title is later found to be in the State’s favor. The decision in Ext.P8 (and relating precedent) supports no seigniorage on trees standing on land claimed by Ext.P1. They requested timely identification and valuation of felling trees and permission to transport with required permits.

Contentions of Respondents

The respondents maintained that the petitioners’ title is questionable and that the State must be free to challenge the land’s ownership in civil courts; under the Travancore Waste Land Rules, timber not needed by the grantee must be handed to the Forest Department, and seigniorage is payable for trees felled without proper authorization. They argued for due process and preservation of state interests, including custody of timber and potential civil remedies if title is unsettled.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
M/s Harrison Malayalam Ltd & others v State of Kerala & others	2018 (2) KLT 369	Positive	Cited as binding precedent; the court relied on it to sustain the petitioners' right to approach civil remedies when title is in doubt and to permit cutting of trees on land claimed by Ext.P1.
WP(C) No.8195/2019	WP(C).No.8195/2019	Positive	Ext.P8 judgment from this court addressed a similar issue and held no seigniorage for rubber trees on land where title is claimed; used to justify bond-based remedy.
WPC 13854/2006	WPC No.13854/2006	Mentioned Only	Cited as an exhibit (P9) with no discussion of its holdings in the excerpt.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against The Travancore Rubber and Tea Co. Ltd. v. State of Kerala & Others and instantly map out authorities that support, challenge, or govern your position.

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 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941** ## **WP(C).No.28246 OF 2019(E)** ## **PETITIONERS:** - **1 THE TRAVANCORE RUBBER AND TEA CO.LTD. PLANTATION HOUSE, PATTOM PALACE.P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS CHIEF EXECUTIVE MR.R.SIVARAMAKRISHNA SARMA** - **2 MR.R.SIVARAMAKRISHNA SARMA CHIEF EXECUTIVE THE TRAVANCORE RUBBER AND TEA CO.LTD., PLANTATION HOUSE, PATTOM PALACE.P.O, THIRUVANANTHAPURAM-695004** **BY ADVS. SRI.JOSEPH KODIANTHARA (SR.) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.P.G.CHANDAPILLAI ABRAHAM SHRI.VIPIN ANTO H.M. SHRI.ALEXANDER JOSEPH MARKOS SHRI.SHARAD JOSEPH KODANTHARA** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001** - **2 THE DISTRICT COLLECTOR KOLLAM DISTRICT, CIVIL STATION ROAD, KAANKATHU MUKKUM KOLLAM-691013** - **3 THE REVENUE DIVISIONAL OFFICER, VIDYA NAGAR, KOLLAM-691013** - **4 THE TAHSILDAR, PATHANAPURAM TALUK, TALUK OFFICE PALLIMUKKU, PATHANAPURAM, KOLLAM-689695** - **5 THE VILLAGE OFFICER THENMALA VILLAGE, VILLAGE OFFICE, THENMALA, KOLLAM691308** WP(C).No.28246 OF 2019(E) 2 - **6 THE VILLAGE OFFICER, ARYANKAVU VILAGE, KOLLAM THIRUMANGALAM ROAD, PALARUVI, KOLLAM-691309** - **7 ADDL.R7.THE TAHSILDAR, PUNALUR, KOLLAM. ADDL.R7.IS SUO MOTU IMPLEADED AS PER ORDER DATED 18/11/2019 IN WP(C) No.28246/2019.** **R1-7 BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.28246 OF 2019(E) 3 ## JUDGMENT Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents. 2. It is submitted by the learned counsel for the petitioners that the petitioners own property in Pathanapuram Taluk, Kollam District, which was purchased by Ext.P1 sale deed from M/s.Harrisons Malayalam Ltd. It is stated that in November, 2017, there was severe damage caused due to cyclone Ockhi and 4000 Gravellia trees planted for the purpose of providing shade to the Tea plantations had been uprooted. It is stated that the applications were made for the removal of the wind fallen trees as well as aged and unyielding rubber trees from the property belonging to the petitioners. However, no orders have been passed on the same. It is contended that the petitioners are entitled to remove the trees in question and that the respondents are raising objections to the same without any bonafides. 3. A counter affidavit has been placed on record by the WP(C).No.28246 OF 2019(E) 4 4[th] respondent, wherein it is contended that the title of the petitioners to the property is questionable and that action is being taken by the State Government to file suits in respect of the property in question before the competent Civil courts. It is further stated that the provisions of the Travancore Waste Land Rules provides that all timber felled and not required for the grantee's own use is to be handed over to the Forest Department. It is further stated that the grantee is liable to approach the respondents for permission to fell the trees and that seigniorage is also to be paid to the Government in respect of the trees in question. 4. I have considered the contentions advanced. The proceedings taken against the M/s.Harrisons Malayalam Ltd and their assignees under the Kerala Land Conservancy Act had been struck down by this Court in the decision reported in M/s.Harrison Malayalam Ltd & others vs. State of Kerala & others (2018 (2) KLT 369). The proceedings under the Land Conservancy Act had been set aside and the State was granted liberty to approach the Civil Court, in case they have a claim as to title. WP(C).No.28246 OF 2019(E) 5 In the above view of the matter, the petitioners cannot be prevented from cutting and removing the rubber trees from the land in their possession, to which they hold proper title. The petitioners can be required to execute a bond to the effect that in the event of it being found in appropriate civil proceedings that the State is entitled to ownership of the land, the petitioners will make good the value of the trees cut and removed from the property. This Court in Ext.P8 judgment had considered an identical issue and had directed that no seigniorage can be claimed in respect of the rubber trees standing on the properties belonging to the petitioners to which they claim title by Ext.P1. In the above view of the matter, I am of the opinion that the petitioners are to be permitted to cut and remove the rubber trees in the land to which they have title as per Ext.P1. The 4[th] respondent shall identify the rubber trees which the petitioners can cut and remove from the property covered by Ext.P1. The 4[th] respondent shall also value the rubber trees. The petitioners shall execute a bond to the effect that in the event if the State being found entitled to ownership of the land and the planted trees, the petitioners will WP(C).No.28246 OF 2019(E) **==> picture [8 x 9] intentionally omitted <==** make good the value of the trees. The procedure shall be completed within a period of three weeks from the date of receipt of a copy of this judgment. If the petitioners are required to secure any permit for transporting of the trees, the petitioners shall obtain the same. The question with regard to the removal of the Gravellia trees is left open. It is for the petitioners to make appropriate application which shall be considered in accordance with law. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Bng/09.01.2020 WP(C).No.28246 OF 2019(E) 7 ## **APPENDIX OF WP(C) 28246/2019** ## **PETITIONERS EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 22.02.1985 EXECUTED BY M/S HARRISONS MALAYALAM LTD. IN FAVOUR OF THE 1ST PETITIONER COMPANY, WHICH IS REGISTERED AT SRO, PUNALUR EXHIBIT P2 TRUE COPY OF AGREEMENT FOR SALE DATED 01/08/2018 EXECUTED BETWEEN THE PETITIONERS AND ONE MR.RAQUEEB EXHIBIT P3 TRUE COPY OF LETTER NO.AM/OCKH1/175/201920 DATED 15/05/2019 SENT BY THE PETITIONERS TO THE COMMISSIONER OF LAND REVENUE EXHIBIT P4 TRUE COPY OF THE LETTER NO.AM/OCKHI/664/2019-20 DATED 06/08/2019 SENT BY THE PETITIONERS TO THE HONOURABLE CHIEF MINISTER EXHIBIT P5 TRUE COPY OF LETTER NO.AM/OCKHI/665/201920 DATED 06.08.2019 SENT BY THE PETITIONERS TO THE HONORABLE REVENUE MINISTER EXHIBIT P6 TRUE COPY OF LETTER NO.A.M/OCKHI/667/2019-20 DATED 06.08.2019 SENT BY THE PETITIONERS TO THE HONOURABLE LABOUR MINISTER EXHIBIT P7 TRUE COPY OF LETTER NO.AM/OCKHI/666/201920 DATED 06.08.2019 SENT BY THE PETITIONERS TO THE HONOURABLE MINISTER FOR ELECTRICITY EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 28.03.2019 PASSED BY THIS HONOURABLE COURT IN WP(C)NO.8195/2019 EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 18TH AUGUST 2006 PASSED BY THIS HONOURABLE COURT IN WPC NO.13854/2006** WP(C).No.28246 OF 2019(E) 8 **RESPONDENTS EXHIBITS:** **EXHIBIT R4(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE RULES, UNDER THE TRAVANCORE WASTE LAND ASSIGNMENT RULES.**