HARIKUMAR P.R. Vs. STATEOF KERALA

JUDGEMENT

(1.) W.P.(C). No. 14251 of 2012 is filed by two petitioners, of whom one is stated to be an Advocate practicing before this Court. W.P.(C). No. 213 of 2013 is filed by one describing himself as a Trade union activist. The crux of the Writ Petitions is the bundle of allegations that a company, Harrisons Malayalam Limited, hereinafter referred to as "HML", and its transferees,' including Gospel for Asia, for short, "GFA", are holding lands which are essentially Government lands and the concerned statutory authorities are fighting shy to invoke and exercise authority under the provisions of the Kerala Land Conservancy Act, 1957, hereinafter referred to as "L.C. Act".

(2.) We have to note, before proceeding further, that a return filed before the Taluk Land Board, Vythiry by a company led to a revision under S. 103 of the Kerala Land Reforms Act, 1963 before this Court. After hearing that revision, quite elaborately and on an elaborate consideration of the entire factual matrix as placed before this Court then, very ably by the learned Government Pleader who appeared on behalf of the State Government in that case, this Court made an order of remit to the Taluk Land Board as regards some of the issues covered by the ceiling proceedings.

(3.) With the passage of time, different litigations came, generating also the issue as to whether HML could be treated as the repository of title of the original holder of the lands, and also different other issues as to possession; excess land; allegations as to trespass by Government officials etc.