IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 30640 of 2009(Y) -------------------------- PETITIONER(S): --------------- KERALA STATE ESTATE & PLANTATION WORKERS' UNION (TUCI), REG.NO.11-06-90, AROMA BUILDINGS, 2ND FLOOR, PUTHUKKAD, THRISSUR - 680 301, REPRESENTED BY ITS PRESIDENT N.K.THANKAPPAN. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. M/S.HARRISON MALAYALAM LIMITED, BRISTOW ROAD, W/ISLAND, KOCHI-682 003, REPRESENTED BY ITS MANAGING DIRECTOR. 2. CONSERVATOR OF FIRESTS(CENTRAL CIRCLE), THRISSUR. 3. THE PRINCIPAL CONSERVATOR, CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FOREST & WILD LIFE (C) DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI. A.M.SHAFFIQUE, SR. COUNSEL SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.P.GOPINATH FOR R1 SRI.V.J.ANAND FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30640 OF 2009 -------------------------- Dated this the 20th day of November, 2009 J U D G M E N T The petitioner is a registered trade union of employees working in the Moopli Valley Estate of M/s. Harrison Malayalam Ltd. By Ext.P1 order dated 7.2.2009 the Government cancelled the leases granted by the Divan of Cochin and ordered resumption of a portion of the Moopli Valley Estates on the ground that the lease conditions have been violated. The lessees thereupon filed O.S. 141 of 2009 in the Sub Court, Irinjalakkuda for the relief of declaration and other consequential reliefs. In the said suit, an interim order has been passed restraining the Government from resuming possession of the lands. It is stated that the State of Kerala is taking steps to canvas the correctness of the interim order which was affirmed by this Court before the Apex court. Shortly after Ext.P1 order was passed, the petitioner submitted Exts.P2 and P3 representations before the Honourable Minister for Forests, Thiruvananthapuram, the Principal Conservator of Forests, Thiruvananthapuram and the Conservator of Forests, Thrissur, complaining that trees are being felled from the lands ordered to be resumed. This writ petition is filed complaining that official respondents have not taken action on the said complaints. In this writ petition, the petitioner seeks a direction to respondents 2 to 4 to take up and pass orders on Exts.P2 and P3. The petitioner have also prayed for a W.P.(C) No. 30640/09 2 declaration that the first respondent has no legal right to cut and remove trees and to put up any construction in the lands. 2. In the counter affidavit filed on behalf of the first respondent reference is made to the order passed by the Sub Court, Irinjalakuda in O.S.141 of 2009. It is also stated that the said order was affirmed by this Court. It is brought to my notice that the petitioner in this writ petition has filed an application for getting themselves impleded in O.S.45 of 2008, yet another suit is filed by the company in the very same court. 3. In my opinion, in view of the interim order passed by the Sub Court Irinjalakkuda in O.S. 141 of 2009, which has been upheld by this Court in another jurisdiction, it will not be proper for this Court to interfere with the said order in these proceedings. As noticed earlier, the State of Kerala proposes to file an appeal in the Apex court from the order passed by the Sub Court in O.S.141 of 2009 which was affirmed by this Court. In such circumstances, the petitioner should, in my opinion, workout their remedies in the civil suit to which State of Kerala and its officers are parties. In such circumstances without prejudice to the right of the petitioner to seek impleadment in O.S. 141 of 2009 pending in the Sub Court, Irinjalakkuda and to seek appropriate orders, this writ petition is closed. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, JUDGE vps