IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17227 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. GOSPAL FOR ASIA, MANJADI, THIRUVALLA, REP.BY MOST.REV.DR.K.P.YOHANNAN, METROPOLITAN BISHOP, PRESIDENT & MANAGING TRUSTEE THROUGH HIS POWER OF ATTORNEY HOLDER JACOB C.PHILIP, NEDUVELIL, NEDUNGADAPPALLY MURI, KARUKACHALVILLAGE CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. JACOB C.PHILIP, AGED 53 YEARS, S/O.LATE C.V.PHILIP, THE GENERAL MANAGER, B.C.CHERUVALLY ESTATE, MANAGER'S BUNGALOW, ERUMELI P.O. BY ADV. MR. CHERIAN GEE VARGHESE MR. P.HARIDAS SMT.SIKKY RAVISHANKAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM - 1. 2. DISTRICT COLLECTOR, KOTTAYAM - 1-686001 3. REVENUE DIVISIONAL OFFICER, KOTTAYAM - 1-686001 4. TAHSILDAR, KANJIRAPPALLY.-691002 5. THE DEPUTY RANGER, FOREST STATION, PLACHERY, RANNI.-689605 6. THE VILLAGE OFFICER, ERUMELI VILLAGE OFFICE, ERUMELI SOUTH.- 689606 SR. GOVERNMENT PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17227 of 2011(C) APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- TRUE COPY OF THE TITLE DEED NO.2329/05 DT.1.8.05 P2:- TRUE COPY OF THE LAND TAX RECEIPT DATED 13.8.07 OF ERUMELI VILLAGE. P3:- TRUE COPY OF THE LAND TAX RECEIPT DATED 13.8.07 OF MANIMALA VILLAGE. P4:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER PLANTATION LABOUR GRNATED TO CHIEF INSPECTOR OF PLANTATION, KOTTAYAM DT.1.8.90 P5:- TRUE COPY OF THE ORDER DATED 13.8.80 OF THE TAHSILDAR, KOTTAYAM. P6:- TRUE COPY OF THE ORDER DATED 2.7.82 OF THE TALUK LAND BOARD. P7:- TRUE COPY OF THE JUDGMENT IN C.R.P. NO.3661/1982 DATED 25.11.1993 OF THIS HONOURABLE COURT. P8:- TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.738/08 DT. 30.5.08 OF THIS HOOURABLE COURT. P9:- TRUE COPY OF THE NOTICE NO.12633/05/B8 DT.5.6.08 ISSUED BY THE TAHSILDAR, KANJIRAPPALLY TO THE PETITIONER. P10:- TRUE COPY OF THE ORDER NO. B8-12633/2005 DATED 11.12.2008 P11:- TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 18.12.2008 P12:- TRUE COPY OF THE JUDGMENT WP(C) NO.2933/09 OF THIS HONOURABLE COURT DATED 2.2.09 P13:- TRUE COPY OF THE ORDER DATED 19.6.2009 ISSUED BY THE 3RD RESPONDENT. P14:- TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER DATED 18.7.09 BEFORE THE 2ND RESPONDENT. P15:- TRUE COPY OF THE STAY PETITION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.7.09 P16:- TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.7.09 P17:- TRUE COPY OF THE JUDGMENT DATED 11.8.09 IN W.P.(C) NO.22653/09 OF THIS HONOURABLE COURT. P18:- TRUE COPY OF THE ORDER DATED 5.2.10 ISSUED BY THE 2ND RESPONDENT. P19:- TRUE COPY OF THE ORDER DATED 11.6.10 IN WP(C) 18164/10 OF THIS HONOURABLE COURT. P20:- TRUE COPY OF THE ORDER DATED 10.4.08 IN WP(C) 32628/07 OF THIS WP(C).No. 17227 of 2011(C) HONOURABLE COURT. P21:- TRUE COPY OF THE ORDER DATED 13.11.08 IN WP(C) 32628/07 OF THIS HONOURABLE COURT. P22:- TRUE COPY OF THE ORDER DATED 24.6.09 IN WP(C) 32628/07 OF THIS HONOURABLE COURT. P23:- TRUE COPY OF THE ORDER DATED 13.11.08 IN WP(C) 32628/07 OF THIS HONOURABLE COURT. P24:- TRUE COPY OF THE ORDER DATED 30.3.11 ISSUED BY THE 5TH RESPONDENT. P25:- TRUE COPY OF INTERIM ORDER DATED 12.4.11 IN WP(C) NO.11704/11 OF THIS HONOURABLE COURT. P26:- TRUE COPY OF THE STOP MEMO DATED 17.6.11 ISSUED BY THE 6TH RESPONDENT. RESPPONDENT'S EXHIBITS :- NIL RKC //TRUE COPY// PA TO JUDGE A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------ W.P.(C) No. 17227 of 2011 ------------------------------------------ Dated this the 29th day of June, 2011 JUDGMENT Basheer, J Petitioners claim that they are owners in possession of a Rubber Plantation known as Cheruvally Estate in Kottayam District covered under Exhibit P1 title deed. Quite a view writ petitions are pending before this Court in respect of the said property which need not be referred to or dealt with at this stage, since the issue involved in this case falls in a very narrow compass. 2. The grievance of the petitioners is that despite the permission granted by this Court to cultivate pineapple in a portion of the above Rubber Plantation, the Village Officer, Erumely South has issued Exhibit P26 Stop Memo directing the petitioners to stop the cultivation. 3. When this writ petition came up for consideration, we directed the Village Officer concerned to appear before us. He is present in Court. 4. Learned Senior Government Pleader submits that the Village Officer had issued Exhibit P26 Stop Memo in obedience to the direction issued by the District Collector to the Thahsildar, Kanjirappilly directing him to issue necessary orders to the W.P.(C) No. 17227 of 2011 2 petitioners to stop cultivation. Apparently the District Collector and the Thahsildar have not bothered to seek instructions from the Office of the Advocate General before sending the communication to the Village Officer. 5. This Court had passed Exhibit P25 order on April 12, 2011 in Writ Petition No. 11704 of 2011, permitting the petitioners to cultivate pineapple after hearing learned counsel for the petitioners and the learned Senior Government Pleader who took notice for the State and its Officers. The said writ petition is pending consideration before this Court. Therefore the action of the District Collector, Thahsildar and Village Officer is per se illegal and unsustainable. Therefore Exhibit P26 order is quashed. 6. We make it clear that the permission granted to the petitioners for cultivation is subject to the final orders in the writ petition referred to above viz. writ petition No.11704/2011. The writ petition is closed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE. rkc