KERALA STATE ESTATE & PLANTATION Vs. M/S HARRISON MALAYALAM LIMITED; CONSERVATOR OF FIRESTS; PRINCIPAL CONSERVATOR; STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a registered trade union of employees working in the Moopli Valley Estate of M/s. Harrison Malayalam Ltd. By Ext.P1 order dated 7.2.2009 the Government cancelled the leases granted by the Divan of Cochin and ordered resumption of a portion of the Moopli Valley Estates on the ground that the lease conditions have been violated.

(2.) In the counter affidavit filed on behalf of the first respondent reference is made to the order passed by the Sub Court, Irinjalakuda in O.S.141 of 2009. It is also stated that the said order was affirmed by this Court. It is brought to my notice that the petitioner in this writ petition has filed an application for getting themselves impleded in O.S.45 of 2008, yet another suit is filed by the company in the very same court.

(3.) In my opinion, in view of the interim order passed by the Sub Court Irinjalakkuda in O.S. 141 of 2009, which has been upheld by this Court in another jurisdiction, it will not be proper for this Court to interfere with the said order in these proceedings. As noticed earlier, the State of Kerala proposes to file an appeal in the Apex court from the order passed by the Sub Court in O.S.141 of 2009 which was affirmed by this Court. In such circumstances, the petitioner should, in my opinion, workout their remedies in the civil suit to which State of Kerala and its officers are parties.