CHEMBRA PEAK ESTATES LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE Writ Petitions concern a common issue and therefore they are considered together for disposal.

(2.) THE challenge is against acquisition of a coffee estate, called 'Wariyat' estate, of which the petitioner in W. P. (C) No.3022/2008 is the owner. W. P. (C) No. 22552/2007 is filed by the leader of a trade union representing the workers of the estate and W.P.(C) No. 32508/2007 is filed by another trade union leader. W. P. (C) No. 3022/2008 is taken as the leading case and the pleadings and exhibits are mentioned and discussed as available therein.

(3.) THE case of the petitioner, shortly, is the following: It is pointed out that several other suitable lands are available in Wayanad District which could be utilised for the purpose. A well run coffee plantation need not be acquired. It is further pointed out that the purpose is extremely mala fide. It is one of the best coffee estates in the whole of South India. Administrative sanction was granted by the Government without taking into consideration various aspects and there is total non application of mind. THE company is 74 years old and is listed in the Madras and Bangalore Stock Exchanges. It has got 1200 shareholders. 350 acres out of 392 acres is planted with Robusta Coffee, 10 acres with Arecanut and 5 acres with cardamom. THE split up of the number of plants are as follows: (a) Coffee .. 1,40,000 plants (b) Cardamom . . 2,000 plants (c) Arecanut . . 4,000 plants (d) Pepper . . 3,000 plants (e) Shade trees . . More than 5,000 Nos. It is pointed out that the shade trees include rose wood. Muttil river flows by the rear boundary of the estate. It is also pointed out that the shade trees and the other planted trees have immensely contributed to the greenery that is available to the area.