VAIGAI THREAD PROCSSORS P Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) PETITIONER, a company registered under the Companies Act, was the beneficiary of the demise of a property of an extent of 81. 92 acres of land originally effected in favour of M/s. Jumna Thread Mills Ltd. Later pursuant to an amalgamation and transfer of assets, the petitioner became the leseee of the said property. The Government as per Exhibit-P1 order granted sanction to lease out 85 = acres of land to the petitioner fixing the lease rent at the rate of Rs. 50,000/- per annum under the Kerala Land Assignment Rules. It seems that there were certain softwood trees standing in the property in dangerous condition and a request was made by the local authority also for cutting and removing those trees.

(2.) LATER, after an inspection was conducted, it was found that loss has been caused to the Government by cutting and removal of trees in the demised lease hold property and therefore by Exhibit-P9 the petitioner was asked to remit an amount of Rs. 4,33,440/ -. Exhibits P9 and P10 notices were issued to the petitioner in this regard. Exhibit-P11 reply was given by the petitioner. Objections were overruled under Exhibit-P12 which was challenged by the petitioner in WPC No. 38833/2003. By Exhibit-P13 judgment this Court directed the District Collector, the 2nd respondent to take a decision in the matter after hearing the petitioner. A decision by the 2nd respondent is yet to be taken. In the meanwhile. Government proceeded to pass an order Exhibit-P15 affirming the demand of Rs. 4,33,000/-, which has been challenged in the writ petition.

(3.) SEVERAL contentions have been taken up for challenging Exhibit-P15. I am satisfied that the matter requires reconsideration at the hands of the government. Since the petitioner was not heard, there is non-compliance of the direction earlier issued by this Court in Exhibit-P13.