IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 OP.No. 21983 of 1999(P) ------------------------------ PETITIONERS: ----------------- 1. ATTAPPADI VYAVASAYI KARSHAKA AVAKASA SAMRAKSHNA SAMITHY, CHEMMANUR, THAVALAM P.O., PALAKKAD – 678 581, REPRESENTED BY ITS PRESIDENT. 2. K.J. ABRAHAM, PRESIDENT, ATTAPPADI VYAVASAYI KARSHAKA AVAKASA SAMRAKSHANA SAMITHY, CHEMMANUR, THAVALAM P.O., PALAKKAD – 678 581. 3. P.K. VISWANATHAN, VICE PRESIDENT, ATTAPPADI VYAVASAYI KARSHAKA AVAKASA SAMRAKSHNA SAMITHY, THEVARTHOTTAM, CHEERAKADAVU, PUTHOOR P.O., ATTAPPADI. 4. P.C. SIMON, SECRTARY, ATTAPPADI VYAVASAYI KARSHAKA AVAKASA SAMRAKSHANA SAMITHY, CHEMMANUR, THAVALAM P.O., ATTAPPADI – 678 589. 5. PROF. P. JOSE MATHEW, POOVATHUMKAL, NARANGAPATTA, MANNARKAD (P.O). 6. K.V. MANI, ADVOCATE, KALLUVELIL, MANNARKAD P.O. BY ADV. MR.V.M.KURIAN RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. ATTAPPADI HILL AREA DEVELOPMENT SOCIETY AGALI, PALAKKAD-678 581 REPRESENTED BY ITS PROJECT DIRECTOR. 3. THE COMMISSIONER FOR RURAL DEVELOPMENT, CMS COMPOUND, TRIVANDRUM. OP.No. 21983 of 1999 4. THE DISTRICT COLLECTOR, PALAKKAD. MR. M.A. ASIF - GOVERNMENT PLEADER FOR R1,3 & 4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/05 /2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 21983 of 1999 ORDER ON C.M.P.NO.36184/1999 IN O.P.NO.21983/99 CLOSED 28/5/10. SD/- S. SIRI JAGAN, JUDGE. PETITIONERS' EXHIBITS EXT.P1: COPY OF GOVERNMENT ORDER GO(MS)NO.24/96/RDD DATED 05.11.1996 OF GOVERNMENT OF KERALA, RURAL DEVELOPMENT (PC) DEPARTMENT. EXT.P2: COPY OF PESS ELEASE DATED 16.01.1999 ISSUED BY R2. EXT.P3: COPY OF MINUTES DTD 16.2.1999. EXTP4: COPY OF REPRESENTATION DTD 27.2.1999 SENT BY THE PETITIONERS TO R2. EXT.P5: COPY OF REPRESENTATION DTD 1.3.1999 SENT BY THE PETITIOENRS TO R1. EXT.P6: COPY OF REPORT DTD 14.4.1999 IN THE MALAYALA MANORAMA DAILY. EXT.P7: COPY OF THE MODEL BYE-LAW OF THE BENEFICIARY SOCIETY EXT.P8: COPY OF REPRESENTATION DTD 3.3.1999 SUBMITTED BEFORE R2. RESPONDENTS' EXHIBITS EXT.R2(a): COPY OF LIST GOVERNING BODY MEMBERS AND LOAN AGREEMENT. EXT.R2(b): COPY OF THE DESCRIPTION OF PROJECT SCHEDULE(1). EXT.R2(c): COPY OF SCHEDULE II. EXT.R2(d): COPY OF THE MINUTES. EXT.R2(e): COPY OF THE MINUTES. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ O.P.No.21983 OF 1999 ------------------------------- Dated this the 28th day of MAY, 2010 J U D G M E N T First petitioner is a Samithi of private land holders in Attappadi. Petitioners 2 to 6 are private land holders in Attappadi and members of the first petitioner ‘Samithi’. They are aggrieved by Ext.P1 order of the Government, whereby for implementing a project for development of the Attappadi area, private land holders, who may also be beneficiaries of the development project, were, without their consent, sought to be imposed with a betterment levy. The petitioners submit that the betterment levy is in the nature of a tax which could not have been imposed, without the backing of a legislation authorising such levy, which is absent in this case. The petitioners also rely on the decision of this Court in All Kerala Private Bankers Association V. State of Kerala [2009(4) KLT 867]. The petitioners therefore seek the following reliefs: a)issue a writ of certiorari or other appropriate writ, O.P.NO.21983/99 2 order or direction quashing Ext.P1 order of the 1st respondent in so far as it seeks to impose betterment levy on private land holders above poverty line in the Attappady area; b) issue a writ of mandamus or other appropriate writ, order or direction to the respondents to make a proper survey of the lands in Attappady Hill area to ascertain the private holdings benefited out of Ext.p1 project and the extent of benefit” 2. The learned Government Pleader on instructions submits that the project envisaged by Ext.P1 order has been implemented in full and no betterment levy has been imposed on private land holders and the Government has no intention of collecting any betterment levy from private land holders as envisaged in Ext.P1. This submission is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE acd O.P.NO.21983/99 3 O.P.NO.21983/99 4