IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 37565 of 2004(V) -------------------------- PETITIONER(S): --------------- ALWAYE SETTLEMENT, ALUVA, REP. BY ITS MANAGER, SHRI.O.V.MATHAI. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY, TEVENUE DEPARTMENT, GOVERNMENT OF KERALA, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR, ALUVA. 4. THE VILLAGE OFFICER, KARUMALLOOR VILLAGE, ALUVA. 5. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETRIAT, THIRUVANANTHAPURAM. ADDITIONAL 6TH RESPONDENT: THE VELIYATHU NADU HARIJAN COLONY ACTION COUNCIL, REP. BY ITS CHAIRMAN, VELIYATHU NADU HARIJAN COLONY, UC COLLEGE P.O. ALUVA - 2. (R6 IMPLEADED AS PER ORDER IN I.A.NO.12762/09 ON 29.10.09) GOVERNMENT PLEADER SHRI.M.A.ASIF ADV.P.K.SANTHAMMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 37565/04. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DOCUMENT. P2. COPY OF THE JUDGMENT IN L.A.A.NO.608/95 DTD.12.11.98. P3. COPY OF THE DECREE DTD.10.6.92 IN O.S.NO.334/90 OF THE MUNSIFF'S COURT, PARAVUR. P4. COPY OF THE REPRESENTATION DTD.18.12.04 BEFORE R1. P5. COPY OF THE ORDER DTD.19.1.04 BY R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 37565 of 2004 ================== Dated this the 31st day of May, 2010 J U D G M E N T The petitioner claims that, by Ext.P1 document, the erstwhile Travancore Government assigned six acres and four cents of land to the petitioner, which is a company registered under the erstwhile Travancore Companies Regulations, which came into being on 24.9.1939. The petitioner has been in possession and enjoyment of the property eversince then and they have been filing returns under the Land Reforms Act in respect thereof. The petitioner has also received compensation for a portion of that land acquired by the Government for constructing a water tank. Enhanced compensation awarded by the reference court was also received by the petitioner. When certain members of the Kerala Pulaya Mahasabha attempted to trespass into the property, the petitioner obtained a permanent injunction from the civil court by Ext.P3 decree. While so, by Ext.P5 order, the 1st respondent directed the District Collector to resume the land from the petitioner on the ground that the petitioner has violated the conditions of Ext.P1 grant. One of the contentions raised by the petitioner against Ext.P5 is that before taking a decision to resume the land, the petitioner was not afforded an opportunity of being heard. 2. A counter affidavit has been filed by respondents 1 to 5 seeking to controvert the contentions of the petitioner. The additional w.p.c.37565/04 2 respondent who has come on record also would contend that in view of the violation committed by the petitioner, of the conditions of the grant, the petitioner is not entitled to the reliefs prayed for in the writ petition. 3. I have heard all parties. 4. One of the specific contentions raised by the petitioner in this writ petition is that before taking a decision to resume the land, the petitioner was not afforded an opportunity of being heard by the 1st respondent. That contention has not been controverted in the counter affidavit filed on behalf of respondents 1 to 5. The additional 6th respondent also could not satisfy me that Ext.P5 was passed after affording an opportunity of being head to the petitioner. That being so, Ext.P5 is violative of the principles of natural justice. Accordingly, Ext.P5 is quashed. If the 1st respondent so wishes, they may take fresh proceedings in accordance with law, after issuing a notice to the petitioner and affording them an opportunity of being heard. In such proceedings, the additional 6th respondent shall also be afforded an opportunity of being heard. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.37565/04 3