IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 18365 of 2008(J) -------------------------- PETITIONER: ------------ M/S.HARRISONS MALAYALAM LTD., BRISTOW ROAD, WILLINGDON ISLAND, COCHIN - 682 003, REPRESENTED BY ITS CHIEF MANAGER - LEGAL MR.V.VENUGOPAL. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, REVENUE (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 18365 of 2008 ================== Dated this the 10th day of July, 2008 J U D G M E N T The petitioner is a company to whom large extents of land were assigned and leased. On complaints of holding on to the leased land even after the lease period is over and unauthorisedly selling Government land, the Government has initiated an enquiry into those allegations and a high level committee appointed for the purpose has filed a report regarding the same, which apparently is against the petitioner. Pursuant thereto, the Government has passed Ext.P24 order whereby it was decided to take stringent measures to resume those properties. It was also decided therein to engage the services of former High Court Judge Mr.Justice Manoharan to examine the documents relied upon by the high level committee in their report. The petitioner is challenging Ext.P24 on the ground that either before the high level committee or before the Government no opportunity of being heard was given to the petitioner. The petitioner, therefore, seeks the following reliefs: w.p.c.18365/08 2 “i) to issue a writ, order or direction in the nature of prohibition restraining the respondents from dispossessing the petitioner from the properties in its possession and enjoyment other than by due process of law; ii) to issue a writ, order or direction in the nature of certiorari quashing Ext.P24; iii) to issue a writ, order or direction in the nature of certiorari to call for the records and minutes relating to the functioning of the High Level Committee and the High Level Committee Report dated 27.09.2007. iv) to issue a writ, order or direction in the nature of mandamus directing the respondents not to initiate any steps relating to the properties of the petitioner without proper verification involving the petitioner and without following the due process of law.” 2. I am of opinion that the exercise undertaken by the Government is only for the purpose of ascertaining the facts and collecting evidence necessary for initiating action against the petitioner for resumption of the land allegedly in the possession of the petitioner illegally, if warranted. Further action in that regard against the petitioner can be only after complying with the procedural formalities involved as per the provisions of the law applicable and after complying with the principles of natural justice also, which include a notice, opportunity to adduce evidence and hearing. I have absolutely no reason to suspect that the Government would decide against the petitioner without complying with the above procedures. In such circumstances, the w.p.c.18365/08 3 petitioner has not made out a case for interference at this stage. Therefore, with the above observation, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge