IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 21573 of 2003(R) ------------------------------------- PETITIONER(S): ----------------------- M/S. DAMODAR TEXTILES PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT DOOR NO.20, BHARATHI PARK IST CROSS ROAD, COIMBATORE, REPRESENTED BY ITS DIRECTOR, C.D. MENON. BY MR.V.N.ACHUTHA KURUP, SENIOR ADVOCATE BY ADV. MR.K.HARILAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND BOARD, KERALA STATE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE TAHSILDAR, MANNARKKAD. GOVERNMENT PLEADER MR.I.V.PRAMOD FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21573/2003 APPENDIX PETITIONER'S EXHIBITS P:- COPY OF THE ORDER ISSUED AS PER GO(RT) NO.514/91/RD DT. 20.2.91 BY IST RESPONDENT. P2:- COPY OF THE ORDER NO.LRA4-102299/84 DT. 24.7.01 OF THE 3RD RESPONDENT. P3:- COPY OF THE ORDER NO.LRA4-33303/97 DT. 27.11.01 OF THE 3RD RESPONDENT. P4:- COPY OF THE PETITION DT. 6.4.02 OF THE PETITIONER TO THE IST RESPONDENT. TRUE COPY P.A.TO JUDGE TSS ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21573 of 2003 --------------------------------- Dated, this the 2nd day of June, 2009 J U D G M E N T The petitioner is a company incorporated under the provisions of the Companies Act. 2. It is stated that they purchased 28.6 acres of land in survey No.661 of Kottathara Village as per document No.4865/82 of Sub Registrar Office, Mannarkkad. Proceedings were initiated under the Kerala Land Reforms Act and that resulted in an order passed by the Land Board directing the petitioner to surrender an extend of 12.6 acres of land. On the basis that the land was acquired for the purpose of setting up of an industry, the petitioner moved the Government under Section 81(3) of the Land Reforms Act, and that was rejected by Ext.P1 order dated 20/02/1991. 3. It would appear that subsequently on an application filed by the petitioner, the District Collector by Ext.P2 proceedings dated 24/07/1991, stayed the resumption of possession of the land from the petitioner until orders are received from the Government. WP(C) No.21573/2003 -2- However, that order was vacated by Ext.P3 order dated 27/11/2001. Records show that the possession of the land was taken over on 10/12/2001. Subsequent to this, the petitioner filed Ext.P4 requesting the Government to reconsider Ext.P1. It was at that stage, the writ petition has been filed. 4. I heard the learned senior counsel appearing for the petitioner and also the learned Government Pleader in the matter. The prayer pressed before me is to direct consideration of Ext.P4. 5. In my view, there is no justification for the prayer sought. First of all, Ext.P1 order rejecting the petitioner's request under Section 81(3) of the Act was issued on 20/02/1991. That order has become final and therefore, has to be implemented. Its review has been sought only on 06/04/2002 by Ext.P4, more than 11 years after Ext.P1 was issued. Apart from the fact that Ext.P4 is highly belated, the petitioner also could not point out any provision of law enabling the Government to review or reconsider an order in the nature of Ext.P1. If that be so, Ext.P1 does not have a statutory support justifying a direction from this Court for its consideration. In addition to all these, it is to be noticed that the possession of the WP(C) No.21573/2003 -3- land has already been taken over as early as in 2001. For these reasons, I do not think that this Court will be justified in upsetting whatever the authorities have done in pursuance to Ext.P1. The writ petition fails, and is, accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg