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2010 Supreme(Ker) 506
High Court of Kerala
THE HONOURABLE CHIEF JUSTICE MR. J. CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N. RAVINDRAN
M/S. Kanan Devan Hills Plantations Co. (P) Ltd. & Another
Versus
State Of Kerala & Others
W.P.(C).Nos.3799 of 2010-Y, 3779 of 2010-V & 3778 of 2010-V
Decided On : 20-08-2010
For the Petitioners: Joseph Kodianthara (SR.).
For the Respondents:Advocate General.
Headnote:
Kerala Irrigation and Water Conservation Act, 2003 - Sections 1(3) and 5(1) - First petitioner is a Private Limited Company engaged in the activity of growing and manufacture of tea at its estates and 2nd petitioner is a Public Limited Company - 70% of the share capital of the 1st petitioner Company is held by the employees and workers of the 2nd petitioner Company - The said conveyance was subject to the various conditions specified in the "deed of Concession" - The consideration for the said conveyance was an immediate payment of cash and perpetual annual payment - Held, Until the adjudication as aforementioned is made by the Tribunal, all the parties shall maintain status quo obtaining as on today with regard to the properties in dispute - Writ Petitions are disposed of.
Key Points: - The dispute relates to ownership, possession, use, and rights over land in Munnar area, including constructions such as check dams and plantations (!) . - The Kerala Irrigation and Water Conservation Act, 2003 is prospective and only prohibits constructions made after its commencement; the nature of the construction purpose determines applicability [p_97, p_101, p_24]. - Petitioners have rights under the original grant and subsequent agreements, and any violation requires examination of obligations and legal instruments creating those obligations [p_13, p_103, p_115].
What is the scope of the dispute under the Munnar Special Tribunal Act, 2010?
How to determine whether the Kerala Irrigation and Water Conservation Act, 2003 applies to existing constructions?
What are the rights of the petitioners regarding land and plantations under the original grant and subsequent regulations?
J. Chelameswar, C.J.
1. All these three cases are referred to a Division Bench by a learned Single Judge of this Court by order dated 7.02.2010.
W.P.(C).Nos.3799 of 2010 & 3779 of 2010
2. These two writ petitions raise common questions of law and their factual background is similar. The petitioners are the same in both writ petitions. The first petitioner is a Private Limited Company, engaged in the activity of growing and manufacture of tea at its estates situated in Munnar, Idukki District. It is averred specifically in the writ petition that 70% of the share capital of the 1st petitioner Company is held by the employees and workers of the 2nd petitioner Company. The 2nd petitioner is a Public Limited Company.
3. Lands, which form part of various estates in the Kannan Devan Hills Village, originally belonged to the Poonjar Chief, a local chieftain in the erstwhile Travancore State. It is averred in the writ petitions that the said Chief was the "absolute proprietor" of the said land, the legal implications of the description need not be examined, as, in our opinion, the same is irrelevant for the purpose of adjudicating the dispute in these two writ petitions. By deed dated July 18, 1877, he conveyed a huge tract of land in favour of one John Daniel Munro (a copy of the said deed is filed as Exhibit P1 in WP[C].No.3799 of 2010). The said conveyance was subject to the various conditions specified in the "deed of Concession". The consideration for the said conveyance was an immediate payment of cash of Rs.5,000/- and perpetual annual payment of Rs.3,000/-. The further details of the said document would be examined, if necessary, at the appropriate place in the judgment.
4. The conveyance made by the Poonjar Chief mentioned above came to be ratified by a Deed of Ratification dated 28th November, 1878 (Exhibit P3), by the Government of Travancore, an independent State, subject to suzerainty of the British crown.
5. The lands covered by the above mentioned two documents eventually came to be held by the Kanan Devan Hill Produce Company and others, from whom the petitioners herein acquired the properties. The exact details as to how the property came to be acquired by the present petitioners may not be necessary as it is not disputed by the respondents that the petitioners herein are successors in interest of the rights created over some portion of the property covered by Exhibits P1 and P3.
6. In the year 1971, the legislature of Kerala passed an enactment called "the Kannan Devan Hills (Resumption of Lands) Act, 1971 (Act 5 of 1971). By declaration made under Section 3 of the said Act, the possession of all lands situate in the Kannan Devan Hills Village in the Devicolam Taluk of Kottayam District stood transferred to and vested in the Government of Kerala free from all encumbrances. It is further declared that the right, title and interest of the "lessees" and all other persons including the rights of mortgagees and holders of encumbrances, etc. in respect of such lands, stood extinguished. Section 3(1) reads as follows:-
"Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document, but subject to the provisions of sub-sections (2) and (3), with effect on and from the appointed day, the possession of all lands situate in the Kannan Devan Hills village in the Devicolam taluk of the Kottayam district shall stand transferred to and vest in the Government free from all encumbrances and the right, title and interest of the lessees and all other persons including rights of mortgagees and holders of encumbrances, in respect of such lands, shall stand extinguished".
The expression "lessee" is defined in Section 2(e) of the said Act as follows:-
""lessee" means a person in possession of any land situate in the Kannan Devan Hills village in the Devicolam taluk of the Kottayam district, who has derived the right to such possession by means of a document executed by late
