IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 34945 of 2009(K) --------------------------------------- PETITIONER(S): ---------------------- VELIMALAI RUBBER COMPANY LIMITED, KUTHATTUKULAM ESTATE, KARIKKAYAM, CHITTAR SEETHATHODU VILLAGE, RANNY, REPRESENTED BY ITS MANAGING DIRECTOR - MR. A. JACOB. BY SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE, ADV. SRI.TERRY V.JAMES. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 3. THE TAHSILDAR, TALUK OFFICE, RANNY, PATHANAMTHITTA DISTRICT. 4. THE VILLAGE OFFICER, CHITTAR, PATHANAMTHITTA DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI.M.H. HANILKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34945/2009-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE INTERIM ORDER DATED 30/11/2004 PASSED BY THIS HONOURABLE COURT IN RSA NO.1281/2004. EXT.P2: COPY OF THE LETTER DATED 18/11/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 25/11/2009 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P4: COPY OF THE GOVERNMENT ORDER DATED 07/08/2003 ISSUED BY THE FIRST RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 16/09/2003 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE LETTER NO.862/03/TRDM DATED 04/09/2003 ISSUED BY THE SECRETARY, TRIBAL RESETTLEMENT AND DEVELOPMENT MISSION TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE SURVEY SKETCH OF KUTHAKAPATTOM LAND. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34945/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of June, 2010 J U D G M E N T The petitioner has approached this Court seeking to quash Ext.P2 notice issued by the Tahsildar, Ranni asking the petitioner to show cause with regard to the proposal to cancel the lease arrangement (Kuthakapattom) in respect of 7 Hectares 60 Ares 81 Sq.mts. (18 acres and 80 cents) in Survey Nos.940/1-1-45, 940/1-46, 940/40 of Chittar- Seethathodu Village. 2. Mainly it is contended that notice was issued without any prior communication to the petitioner. It is further pointed out that the properties have not been properly identified also. 3. The third respondent has filed a detailed counter affidavit producing Ext.R3(a), a detailed plan relating to the Kuthakapattom land. 4. It is submitted by the learned Senior Counsel for the petitioner that in the light of the survey conducted by the respondents and the identification of the extent to be surrendered, the petitioner has no further disputes with regard to the said matters. It is pointed out that the area is cultivated with rubber and other improvements and the petitioner may be given a breathing time to give vacant W.P.(C). No.34945/2009 -:2:- possession after slaughter tapping is completed in the present rubber plantation. It is also further submitted that there are other improvements which also will have to be removed by the petitioner. 5. Heard the learned Government Pleader appearing for the respondents. The learned Government Pleader submitted that the petitioner will have to surrender the property within a definite period, which will have to be fixed by this Court. 6. After considering various aspects, the petitioner is granted time upto 31/08/2010. They will surrender the property to the extent of 18 acres 80 cents described in Ext.P2 on or before 31/08/2010, failing which the respondents will be free to initiate appropriate action to get the vacant possession. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms