IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH JULY 2007 / 4TH SRAVANA 1929 OP.No. 4094 of 2002(K) ---------------------------- PETITIONER: --------------- M/S.GRASSIM INDUSTRIES LIMITED, (FORMERLY GWALIOR RAYON SILK MFG., (WVG) CO., LTD.) BIRLAKOOTAM, MAVOOR, KOZHIKODE, REP. BY ITS VICE-PRESIDENT SRI.S.P.GUPTA. BY ADV. SRI.ANTONY DOMINIC SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE(L) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TALUK OFFICE, VADAKARA, KOZHIKODE. 4. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.4094/2002 ORDER ON CMP. NO.S7394/2002, 27734/2002 IN OP. 4094/2002 DISMISSED 26.07.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE ORDER DT. 8.7.98 ISSUED BY THE 3RD RESPONDENT. EXT.P2:- COPY OF THE ORDER DT. 23.7.99, NO.D.DIS 21798/98/LR(J) 3 ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE ORDER DT. 3.3.01, ISSUED BY THE 1ST RESPONDENT. EXT.P4:- COPY OF THE ORDER DT. 17.1.02 ISSUED BY THE 1ST RESPONDENT. EXT.P5:- COPY OF THE NOTICE NO.C2-2823/86, DT. 7.6.02 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = O.P.No.4094 of 2002-K = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of July, 2007. JUDGMENT The Tahsildar, Vatagara issued Ext.P1 order fixing lease rent for an item of Government land in the possession of the petitioner. By Ext.P3, that order was set aside. Thereafter, the impugned Ext.P4 is issued demanding an amount of Rs.60,20,000/- as against Rs.6,46,080/- fixed as per Ext.P1. As is apparent from Ext.P4, the said order has been issued without any pre-decision notice or after extending an opportunity of hearing, in any manner. On this short ground, the impugned Ext.P4 has to go, without expressing anything on the other issues arising for decision, including the rate at which lease rent could be fixed, as also the power of the Government. OP4094/02 -: 2 :- In the result, the impugned Ext.P4 is quashed leaving the Government with opportunity to take steps afresh in accordance with law and to render a final decision on the lease rent to be paid by the petitioner for the period in question after giving a notice to place its case before the Government and also an opportunity of personal hearing. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/- OP4094/02 -: 3 :- THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = O.P.No. 4094 of 2002-K = = = = = = = = = = = = = = = = = = = JUDGMENT Dated: 26th July, 2007.