IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 17388 of 2008(T) -------------------------------------- PETITIONER: ------------------ COCHIN MALABAR ESTATES AND INDUSTRIES LTD. DOOR NO.39/4946-A, GROUND FLOOR, NGO UNION OFFICE BUILDING, PALLIMUKKU, KOCHI-682 016 REPRESENTED BY ITS EXECUTIVE DIRECTOR, MR.S.D.BHATTAR. BY ADV. SRI.DEVAN RAMACHANDRAN ` SRI.K.M.ANEESH RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. 3. THE DEPUTY CONSERVATOR OF FOREST, MADIKKERI DIVISION, MADIKERI, KARNATAKA. 4. THOMSON PLANTATIONS (INDIA) PVT LTD., KANJIRAPPALLY, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR ADV. SRI.K.K.CHANDRAN PILLAI FOR R4 ADV. SRI.A.S.SAJUSH PAUL FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).17388/2008-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCLAMATION OF SALE ISSUED BY THE DRT ALONG WITH THE LIST OF KNOWN LIABILITIES. EXT.P1(a): COPY OF THE ORDER OF THE DRT. EXT.P2: COPY OF THE NOTICE NO.CRM/CR-61/RUBBER LEASE/99-2000 DATED 27/03/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P2(a): COPY OF THE ORDER OF THE HONOURABLE COURT OF KARNATAKA DATED 24/07/2000. EXT.P2(b): COPY OF THE ORDER OF THE HONOURABLE COURT OF KARNATAKA DATED 20/09/2000. EXT.P3: COPY OF THE NOTICE DATED 14/11/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE NOTICE DATED 13/11/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 19/11/2007 BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 19/11/2007 BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE JUDGMENT OF THIS HONOURABE COURT IN W.P.(C). NO.34730/2007. EXT.P8: COPY OF THE ORDER DATED 21/05/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE LETTER SEND BY THE PETITIONER TO 2ND RESPONDENT DATED 09/06/2008. EXT.P10: COPY OF LETTER SEND BY THE PETITIONER TO 2ND RESPONDENT DATED 12/06/08. EXT.P11: COPY OF THE LEGAL NOTICE SEND BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12/06/08. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE OBJECTION FILED BEFORE THE 1ST RESPONDENT DATED 05/02/2007. // TRUE COPY // P.S. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 17388 of 2008 -------------------------------------------------------- Dated: AUGUST 8, 2008 JUDGMENT The challenge in this writ petition is against Exts.P3, P4 and P8 proceedings of the District Collector, Ernakulam, consequent on the demand raised by the Deputy Conservator of Forest, Karnataka, for lease rent. 2. It is now stated by the 4th respondent that the demand raised by the Deputy Conservator of Forest, consequent to which Ext.P8 was issued, itself was under challenge before the Karnataka High Court and the Karnataka High Court has, by judgment in Writ Petition No.24363/2000 and connected writ petitions, set aside the same and directed its reconsideration. 3. Since by reason of the judgment rendered by the Karnataka High Court referred to above, the basic order is no longer in existence, there is no question of any recovery consequent to the same. WP(C) 17388/2008 2 In view of the above, quashing Exts.P3, P4 and P8, this writ petition is disposed of. ANTONY DOMINIC JUDGE mt/-