BOSANQUET EXPORTS LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 4.10.2018 in the W.P(C).14058/18. The W.A.3/19 is filed by the writ petitioner whereas the W.A.52/19 is filed by the State, challenging a part of the same judgment.

(2.) The challenge in the W.P(C).14058/18 was to the order dated 11.8.2017 (Ext.P9) of the Government, by which the Government decided to revoke its earlier order dated 4.3.2016 (Ext.P6) whereunder, the Government had proposed to grant lease of land to an extent of 50 cents, in the Survey No.552/1 in Fort Kochi Village, subject to remitting of lease rent arrears of Rs.6,92,00,513/- as one time settlement by the writ petitioner, fixing yearly rent at the rate of 2.5% of the market value as applicable for tourism purposes.

(3.) Previously, in respect of the land in the occupation of the writ petitioner, the Government passed an order on 30.6.2012 (Ext.P1), ordering for recovery of the land, on the failure of the writ petitioner to pay the lease rent for the occupied property, which was subjected to multiple transfers, prior to the petitioner purchasing the lease hold right, with effect from 19.10.2005. In response to the Ext.P1 decision to resume the land, the petitioner gave representation on 25.2.2012 (Ext.P2) with the following proposal: ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .