IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 9452 of 2007(A) ------------------------- PETITIONER(S): ------------------ K.R.ANIYAN KUNJU, S/O.RAGHAVAN, KAVUMPRAYIL HOUSE, POTHAMEDU, MUNNAR - 685 612. BY ADV. SRI.P.K.SURESH KUMAR SMT.PRIYA VIJAYAN RESPONDENT(S): ------------------- 1. DISTRICT COLLECTOR,IDUKKI 2. C.T.KATHIRESAN, S/O.CHITHRAMBARAM, 18 ROOM LINES, KDH VILLAGE, MUNNAR.P.O. 3. K.T.NANCHAMMA, W/O.KATHIRESAN, 18 ROOM LINES, KDH VILLAGE, MUNNAR.P.O. 4. K.T.PALANIAPPAN, S/O.KATHIRESAN, 18 ROOM LINES, KDH VILLAGE, MUNNAR.P.O. 5. K.T.MUTHUKUMAR, S/O.KATHIRESAN, 18 ROOM LINES, KDH VILLAGE, MUNNAR.P.O. 6. K.T.RAJESWARARI, D/O.KATHIRESAN, 18 ROOM LINES, KDH VILLAGE, MUNNAR.P.O. 7. K.T.RANGARAJAN, S/O.KATHIRESAN, 18 ROOM LINES, KDH VILLAGE, MUNNAR.P.O. 8. ASSISTANT CARDAMOM SETTLEMENT OFFICER, KUMALI, OFFICE OF THE COLLECTORATE, PAINAVU, IDUKKI. WPC NO.9452/07 -2- 9. SPECIAL DEPUTY TAHSILDAR, CARDAMOM SETTLEMENT OFFICE, DEVIKULAM. 10. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 11. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. ADV. SRI.MATHEW JOHN (K) FOR R2TO5,7 SRI.SUJESH MENON V.B. FOR R2TO5,7 GOVERNMENT PLEADER SRI.K.SANIL KUMAR FOR R1,8 TO 11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9452/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER PASSED BY THE SPECIAL DEPUTY THASILDAR CARDAMOM SETTLEMENT DT 24.2.94 IN LC CASE NO.19/1996. EXT.P2: TRUE COPY OF THE LEASE IN LWA NO.14/96 DTD.27.6.1996. EXT.P3: TRUE COPY OF THE LATEST COMPLAINT DT 11.6.04 TO THE DISTRICT COLLECTOR, IDUKKI. EXT.P4: TRUE COPY OF THE JUDGMENT IN WPC NO.22782/04 OF THE HON'BLE HIGH COURT. EXT.P5: TRUE COPY OF NOTICE OF THE PETITIONER DTD 5.5.06 TO THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE ORDER DT 14.2.2007 PASSED BY THE DISTRICT COLLECTOR. EXT.P7: TRUE COPY OF THE BIRTH CERTIFICATE. EXTS.OF R2 EXT.R2(a): A TRUE COPY OF THE ORDER EVIDENCING LEASE OF THE GOVERNMENT LAND IN FAVOUR OF THE 2ND RESPONDENT. EXT.R2(b): .DO..DO. IN FAVOUR OF THE 3RD RESPONDENT. EXT.R2(c): ..DO..DO IN FAVOUR OF THE 4TH RESPONDENT. EXT.R2(d): A TRUE COPY OF THE RECEIPT FOR PAYMENT OF PATTAM ISSUED TO THE 2ND RESPONDENT. EXT.R2(e): .DO.DO ISSUED TO THE 3RD RESPONDENT. EXT.R2(f): .DO.DO.ISSUED TO THE 4TH RESPONDENT. EXT.R2(g): A TRUE COPY OF THE ORDER OF INJUNCTION DATED 16.10.2003 IN IA NO.1668 OF 2003, MUNISFF'S COURT, DEVIKULAM. EXT.R2(h): A TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER. WPC NO.9452/07 -2- EXT.R2(i): A TRUE COPY OF THE SKETCH. EXT.R2(j): A TRUE COPY OF THE ORDER OF INJUNCTION DT 27.10.2003 IN IA NO.1668 OF 2003. EXT.R2(k): A TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED 30.9.2004 ALONG WITH THE SKETCH. EXT.R2(l): A TRUE COPY OF THE HEARING NOTE BY RESPONDNETS 2 TO 7. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 9452 OF 2007 (A) ===================== Dated this the 1st day of October, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the respondents to cancel the orders of assignment of Government land to an extent of 34.53 acres granted in the names of respondents 2 to 7 vide LWA 8/95, 9/95, 10/95, 11/95, 12/95, 4/96 and 15/96 under the Kerala Cardamom Cultivation Rules, 1961. Petitioner also seeks a direction to the 10th respondent to order an enquiry by the Land Revenue Commissioner into the circumstances in which the assignment was granted in favour of respondents 2 to 7. 2. Considering the allegations in the writ petition, this Court passed order dated 21/3/07 directing the 11th respondent, the Land Revenue Commissioner, to call for the entire files relating to Ext.P6 order of the District Collector, Idukki dated 14/2/2007 and make a review of that decision on the basis of the files and file a report incorporating his views in the matter. 3. Accordingly, along with the memo dated 1st of January, 2008, the 11th respondent has filed his report finding that there WPC 9452/07 :2 : has been violation of lease conditions on the part of respondents and that the grant of lease also suffered irregularities. 4. Respondents 2 to 7 have filed a detailed counter affidavit wherein they are questioning the motives of the petitioner and are also asserting that it was by Exts.R2(a) to Ext.R2(c), lease was granted in favour of them. It is stated that they were paying pattam in respect of the land, the receipt of which is Exts.R2(d), Ext.R2(e) and Ext.R2(f). Further documents are also produced to justify the lease and possession of the land. 5. Evidently the issue raised by both sides involve disputed questions of fact, which can be resolved only in an appropriate enquiry and based on evidence. Now that the Land Revenue Commissioner has conducted an enquiry and submitted his report, it is for the Land Revenue Commissioner to give a finality to the issue, which shall be done only after putting the party respondents on notice. In the light of the above, the writ petition is disposed of directing that it will be open to the Land Revenue Commissioner to conduct further enquiry based on the facts disclosed in the report submitted before this Court along with the memo dated WPC 9452/07 :3 : 1/1/2008 with notice to the party respondents and take a final decision in this matter. It is clarified that the contentions raised by the party respondents through the counter affidavit filed by them are all left open to be urged before the Land Revenue Commissioner and decided by the said officer. ANTONY DOMINIC, JUDGE Rp