IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 11898 of 2009(F) -------------------------- PETITIONER: --------------- VAIGAI THREAD PROCSSORS (P) LTD., KORATTI, REPRESENTED BY WORKS MANAGER. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENTS: --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, REVENUE (L) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THRISSUR. 3. TAHSILDAR, MUKUNDAPURAM, IRINJALAKUDA. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.11898 of 2009 -------------------------- Dated this the 3rd June,2009 J U D G M E N T Petitioner, a company registered under the Companies Act, was the beneficiary of the demise of a property of an extent of 81.92 acres of land originally effected in favour of M/s.Jumna Thread Mills Ltd. Later pursuant to an amalgamation and transfer of assets, the petitioner became the leseee of the said property. The Government as per Exhibit-P1 order granted sanction to lease out 85 ½ acres of land to the petitioner fixing the lease rent at the rate of Rs.50,000/- per annum under the Kerala Land Assignment Rules. It seems that there were certain softwood trees standing in the property in dangerous condition and a request was made by the local authority also for cutting and removing those trees. 2. Later, after an inspection was conducted, it was found that loss has been caused to the Government by cutting and removal of trees in the demised lease hold W.P ( C) No.11898 of 2009 2 property and therefore by Exhibit-P9 the petitioner was asked to remit an amount of Rs.4,33,440/-. Exhibits P9 and P10 notices were issued to the petitioner in this regard. Exhibit-P11 reply was given by the petitioner. Objections were overruled under Exhibit-P12 which was challenged by the petitioner in WPC No.38833/2003. By Exhibit-P13 judgment this Court directed the District Collector, the 2nd respondent to take a decision in the matter after hearing the petitioner. A decision by the 2nd respondent is yet to be taken. In the meanwhile. Government proceeded to pass an order Exhibit-P15 affirming the demand of Rs.4,33,000/-, which has been challenged in the writ petition. 3. Several contentions have been taken up for challenging Exhibit-P15. I am satisfied that the matter requires reconsideration at the hands of the Government. Since the petitioner was not heard, there is non-compliance of the direction earlier issued by this Court in Exhibit-P13. 4. I heard learned Government Pleader also. In the result, Exhibit-P15 is set aside and the Government is directed to pass a fresh order after W.P ( C) No.11898 of 2009 3 considering the petitioner’s objection as per P11 and after hearing the petitioner. It is made clear that such order to be passed by the Government shall then be treated as one in compliance with the direction issued by this Court in Exhibit-P13 judgment. Fresh orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.11898 of 2009 4 W.P ( C) No.11898 of 2009 5