IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 36435 of 2010(D) --------------------------------------- PETITIONER(S): ----------------------- THOMAS ALEXANDER, MANAGING DIRECTOR, ADARK VENTURES INTERNATIONAL PRIVATE LIMITED, KUMARAPURAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, SRI.K.I.SAGEER. RESPONDENT(S): ------------------------- 1. GOVERNMENT OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE ASSISTANT WILDLIFE WARDEN, THOLPETTY RANGE, KATTIKULAM P.O., BEGUR, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 646. 3. THE DISTRICT COLLECTOR, WAYANAD, PIN-673 121. 4. THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645. 5. THE VILLAGE OFFICER, THIRUNELLI VILLAGE, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 646. 6. THE SECRETARY, THIRUNELLI GRAMA PANCHAYAT, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 646. WP(C).No. 36435 of 2010(D) 7. WILD LIFE TRUST OF INDIA, REGD. OFFICE B5/22, SAFDARJANG ENCLAVE, NEW DELHI-110 029, REP. BY ITS SENIOR DIRECTOR. 8. THE AGRICULTURE OFFICER, KRISHI BHAVAN, THIRUNELLI, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 646. R1 TO R5 & R8 BY GOVT. PLEADER MR.JAMES KURIAN. R7 BY ADV. SRI.P. PARAMESWARAN NAIR, ASG. OF INDIA. SRI.P.K.R.MENON, SR.COUNSEL, ADV. SRI.JOBI JOSE KONDODY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, ALONG WITH WPC NO.13500 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 36435 of 2010(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO.191/2006 DATED 25/01/2006 OF THE SUB REGISTRY, MANANTHAVADY. EXT.P2: COPY OF THE DOCUMENT NO.1573/2006 DATED 01/07/2006 OF THE SUB REGISTRY, MANANTHAVADY. EXT.P3: COPY OF THE DOCUMENT NO.1574/2006 DATED 01/07/2006 OF THE SUB REGISTRY, MANANTHAVADY. EXT.P4: COPY OF THE DOCUMENT NO.1575/2006 DATED 01/07/2006 OF THE SUB REGISTRY, MANANTHAVADY. EXT.P5: COPY OF THE DOCUMENT NO.1583/2006 DATED 03/07/2006 OF THE SUB REGISTRY, MANANTHAVADY. EXT.P6: COPY OF THE DOCUMENT NO.68/2007 DATED 08/01/2007 OF THE SUB REGISTRY, MANANTHAVADY. EXT.P7: COPY OF THE FEW PHOTOGRAPHS PERTAINING TO THE CULTIVATION BEING UNDERTAKEN IN THE PADDY FIELD OF THE PETITIONER. EXT.P8: COPY OF THE FRESH CERTIFICATE OF INCORPORATION DATED 08/04/2008 ISSUED BY THE REGISTRAR OF COMPANIES. EXT.P9: COPY OF THE ROUGH SKETCH OF THE PROPERTY OWNED BY THE PETITIONER AS PER EXTS.P1 TO P6 TITLE DEEDS AND THE PROPERTY OWNED BY THE 7TH RESPONDENT, ISSUED BY THE 5TH RESPONDENT. EXT.P10: COPY OF THE DOCUMENT NO.1478/2006 DATED 23/06/2006OF THE SUB REGISTRY, MANANTHAVADY. EXT.P11: COPY OF THE REPRESENTATION DATED 18/12/2006 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DATED 01/01/2007 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P13: COPY OF THE LETTER NO.75/2006 DATED 03/11/2010 FORWARDED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. EXT.P14: COPY OF THE LETTER NO.1241/10 DATED 29/06/2010 ISSUED BY THE 5TH RESPONDENT. (P.T.O.) WP(C).No. 36435 of 2010(D) EXT.P15: COPY OF THE REPRESENTATION DATED 10/11/2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P16: COPY OF THE REPRESENTATION DATED 11/11/2010 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:- EXT.R7(a): COPY OF THE MEMORANDUM OF UNDERSTANDING ENTERED INTO BETWEEN THE 6TH RESPONDENT AND THE STATE OF KERALA. EXT.R7(b): COPY OF THE LETTER DATED 21/10/2005 ISSUED BY THE CHIEF CONSERVATOR OF FOREST TO THE 6TH RESPONDENT. EXT.R7(c): COPY OF THE LETTER DATED 22/05/2009 ISSUED BY THE 6TH RESPONDENT TO THE ASSISTANT WILD LIFE WARDEN, TOLPETTY RANGE, WAYANAD DISTRICT. EXT.R7(d): COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT. EXT.R7(e): COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT. EXT.R7(f): COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT. EXT.R7(g): COPY OF THE ORDER PASSED BY THE SUB COLLECTOR, MANANTHAVADY. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J ....................................................... W.P.(C)s.36435 & 13500/2010 .............................................. Dated this the 18th day of October, 2011 JUDGMENT W.P.(C).36435/2010 is filed by the Managing Director of a Company by name “Adark Ventures International Private Limited”, a Company incorporated under the Companies Act. It is submitted that among others, one of the objects of the Company is the establishment of Eco Tourism Resorts. In pursuance to the said object, the Company purchased an extent of 12.93 acres of land comprised in various survey numbers in Thirunelli Village in Wayanad District. According to the petitioner, out of the aforesaid extent of property, 9.75 acres is used for paddy cultivation. In this writ petition what is sought for by the petitioner is a direction to respondents 3 and 4 to compel the seventh respondent to cultivate paddy in the property purchased by them. 2. The case of the petitioner is that the property is a land to which the provisions of the Kerala Land Utilization Order applies and therefore, the seventh respondent has the statutory obligation to continue cultivation of food crops. It is stated that in order to compel the seventh respondent, they made various representations and that the same are not acted upon. It is in these circumstances, W.P.(C)s.36435 & 13500/10 2 the writ petition has been filed. 3. The seventh respondent has filed a counter affidavit. According to the seventh respondent, it is a registered charitable Trust and that its mission is to conserve nature, especially endangered specious and threatened habitats, in partnership with communities and Governments. They have purchased 4.16 acres of land which was used an an elephant corridor and the inhabitants in the land were rehabilitated in another property purchased by the seventh respondent organization and that its proposal is to hand over the aforesaid 4.16 acres to the Government to retain the same as elephant corridor. The case of the seventh respondent is that it is the commercial interest of the petitioner which led him to file this writ petition under the cover of enforcement of the provisions of the Kerala Land Utilization Order. 4. W.P.(C).13500/2010 has been filed by certain private individuals. According to the learned counsel for the petitioners, they are agricultural labourers and the prayer sought for by them are similar to that of the petitioner in W.P.(C).36435/2010. 5. Having considered the respective submissions made by the W.P.(C)s.36435 & 13500/10 3 learned counsel on both sides, I am inclined to think that these writ petitions deserve only dismissal. First of all, as already seen the object of the petitioner in W.P.(C).36435/2010 is to acquire land for fulfillment of its commercial objects including the establishment of resorts. From the pleadings it is obvious that the property purchased by the seventh respondent is lying adjacent to the property purchased by the petitioner and therefore, if the property is eventually handed over to the Government to be retained as an elephant corridor as is proposed to be done by the seventh respondent, it is likely to affect the commercial venture of the petitioner and it is therefore, that they have sought themselves as the protector of land Utilization Order and have approached this Court. I do not see any bona fides in this litigation. 6. Insofar as W.P.(C).13500/2010 is concerned, it has been filed at the instigation of the petitioner in W.P.(C).36435/2010 and therefore, that writ petition also deserves no merit or bona fides warranting interference of this Court. Both writ petitions are dismissed accordingly. ANTONY DOMINIC, Judge mrcs