KANAN DEVAN HILLS PLANTATIONS Vs. STATE OF KERALA

JUDGEMENT

(1.) All these three cases are referred to a Division Bench by a learned Single Judge of this Court by order dated 7.2.2010.

(2.) These two Writ Petitions raise common questions of law and their factual background is similar. The petitioners are the same in both Writ Petitions. The first petitioner is a Private Limited Company, engaged in the activity of growing and manufacture of tea at its estates situated in Munnar, Idukki District. It is averred specifically in the Writ Petition that 70% of the share capital of the 1st petitioner Company is held by the employees and workers of the 2nd petitioner Company. The 2nd petitioner is a Public Limited Company.

(3.) Lands, which form part of various estates in the Kannan Devan Hills Village, originally belonged to the Poonjar Chief, a local chieftain in the erstwhile Travancore State. It is averred in the Writ Petitions that the said Chief was the "absolute proprietor" of the said land, the legal implications of the description need not be examined, as, in our opinion, the same is irrelevant for the purpose of adjudicating the dispute in these two Writ Petitions. By deed dated July 18, 1877, he conveyed a huge tract of land in favour of one John Daniel Munro (a copy of the said deed is filed as Ext.P1 in W.P. (C) No. 3799 of 2010). The said conveyance was subject to the various conditions specified in the "deed of Concession". The consideration for the said conveyance was an immediate payment of cash of Rs. 5,000/- and perpetual annual payment of Rs. 3,000/-. The further details of the said document would be examined, if necessary, at the appropriate place in the judgment.