SOUTH TRAVANCORE TOBACCO PLANTATIONS PRIVATE LIMITED Vs. DISTRICT COLLECTOR; TAHSILDAR; VILLAGE ADMINISTRATIVE OFFICER, THE SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, a Private Limited Company filed a writ petition seeking for a direction to forbear the respondents from interfering with the petitioner's possession and enjoyment of 17.75 acres of land comprised in R.S. No. 404/2, 406/2, 407/2 and 515 of Kulasesharapuram Village, Agasteeswaram Taluk, Kanyarkumari District.

(2.) The petitioner Company is manufacturing Tobacco. The lands were given by the Government for cultivation of Tobacco. But, the Company did not grow tobacco on the plea it was by pests. But on the other hand, planted several trees in the land.

(3.) The District Collector, Kanyakumari District issued a notice 21-12-1972 for evicting the Company from the lease hold land. The Tahsildar, Agasteeswaram Taluk issued a notice for surrender possession of land. The petitioner filed a writ petition in W.P. No. 2998 of 1973 before this Court. This Court held that the petitioner can be evicted only by due process of law and since they have some protection under Section 5 of the Travancore-Cochin Compensation for Tenants Improvements Act, 1956, the State will have to evict the petitioner only by filing an appropriate civil suit.