KANTHIMATHI PLANTATIONS PVT. LTD. Vs. TAHSILDAR VILAVANCODE TALUK, KUZHITHURAI POST KANYAKUMARI DISTRICT ORS.

JUDGEMENT

(1.) The writ petitioner is a Private Limited company, having rubber and coconut plantations etc., in Kadayal Village, Villavancode Taluk, Kanyakumari District. It is known as Kanthimathy estate. The fourth respondent herein issued a letter dtd. 1/2/2013 calling upon the writ petitioner to part with their lands to facilitate the expansion of Kuzhithurai - Alancholai - Arukarai road. The petitioner vide letter dtd. 8/2/2013 informed the fourth respondent that particulars have not been given. Thereafter to the shock and surprise of the writ petitioner, the fence put up by the petitioner was forcibly removed. That has necessitated the filing of this writ petition.

(2.) This Court while admitting this writ petition granted an order of interim injunction in favour of the writ petitioner. The said order of interim injunction has not been vacated till date. While so, according to the petitioner, the trees standing within their boundaries were earmarked for auctioning their usufructs. The fourth respondent has been conducting the auction every year. Alleging that it is a clear breach of the order of interim injunction granted by this Court, this writ petitioner filed Contempt Petition No. 665 of 2017. The contempt petition was taken up along with the writ petition.

(3.) The fourth respondent is present in person before this Court. She informs the Court that even though, the usufructs were auctioned, the person who had taken the auction gave an undertaking that he would not pluck the usufructd. The fourth respondent therefore contended that the order passed by this Court has really not been violated.