HARRISONS MALAYALAM LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by M/s. Harrisons Malayalam Limited challenging various actions initiated by the State under the Kerala Land Conservancy Act, 1957 (for short, Land Conservancy Act). The writ petitions 4877/2014 7516/2014 and 13037/2014 are filed challenging notices issued under the Kerala Land Conservancy Act and threatened dispossession from the properties mentioned in the notices. W.P.(C). No. 17351/2014 is filed seeking a direction commanding the third respondent-Special Officer and Collector, the authority appointed under the Land Conservancy Act by the Government to initiate action against petitioner in terms of S.15 of the Land Conservancy Act to consider the issue regarding jurisdiction. Therefore, all issues are pertaining to the actions initiated under the Land Conservancy Act and this Court finds that it is appropriate to dispose these writ petitions by a common judgment.

(2.) The petitioner is a company incorporated under the Companies Act. The company claims to have acquired large extent of properties in the State of Kerala and Tamil Nadu which are mainly rubber and tea plantations. According to the petitioners, they have acquired these properties in the year 1800 and early 1990s and they claim that these are freehold land or leasehold land. Petitioner also claims that in respect of leasehold land, they have fixity of tenure in terms of Kerala Land Reforms Act, 1963.

(3.) Two writ petitions were filed before this Court as Public Interest Litigation, namely, W.P.(C). No. 14251/2012 and 213/2013 seeking for a direction to the Government to resume the lands in possession of the petitioner in terms of Land Conservancy Act. This Court by common judgment disposed the writ petitions on 28/02/2013 with the following directions: