GODAVARMA RAJA Vs. LAND BOARD

JUDGEMENT

(1.) This original petition was filed seeking to quash Exts.P17 and P19 and for consequential reliefs.

(2.) Ext.P17 is an order dtd. 29/3/1974 of the Land Board of Kerala in an application filed by the Kannan Devan Hills Produce Company Ltd., Munnar (KDHPC Ltd). The application was filed under Sec. 4 of the Kannan Devan Hills (Resumption of Lands) Act, 1971. It was allowed by the Land Board. A list of the areas to be continued under vesting in Government under Sec. 3(1) of the Act and a list of the areas to be retained with the Kannan Devan Hills Produce Company Ltd. were appended to the order as Annexures 5 and 6. A map of the area was also appended to the order. Ext.P18 petition dtd. 5/4/2002 was filed before the Land Board by the petitioners herein seeking to recall Ext.P17 order. The Land Board, by Ext.P19 proceedings dtd. 20/9/2002, rejected Ext.P18 as not maintainable. Thereafter the original petition was filed.

(3.) Petitioners are members of Poonjar Royal family also known as Poonjar Kovilakom. By Ext.P2, the then Chief of Poonjar Kovilakom leased out a large tract of land mentioned therein to Mr. John Daniel Munroe on 11/7/1877. Ext.P3 is known as the Second Poonjar Concession which was executed between the Poonjar Raja and Mr.John Daniel Munroe on 26/7/1879. Ext.P4 is a ratification issued by the Dewan of Travancore by which the concession agreement dtd. 11/7/1877 was ratified by the Government of Travancore. Later, successor of John Daniel Munroe namely North Travancore Land Planting and Agricultural Society, a company incorporated in India and the Government of Travancore executed Ext.P5 deed on 2/8/1886 and still later the successor to the said company, Kannan Devan Hills Produce Company Ltd (KDHPC Ltd). executed another agreement with the Government of Travancore on 19/12/1944.