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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Harrisons Malayalam Limited, Represented By Its Head - Legal Sri. Sumith Babu – Appellant
Versus
State of Kerala, Represented By Its Chief Secretary To Government – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute. (Para 1 , 2) |
| 2. petitioner's claims and legal arguments. (Para 3 , 4) |
| 3. court’s analysis of the jurisdictional facts. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
JUDGMENT :
VIJU ABRAHAM, J.
The above writ petition is filed to call for the records relating to the proceeding No.DCKLM/14012/ 2019-L 12, dated 03.12.2021 (Ext.P18), of the 3rd respondent, taking over an extent of 4.04 Acres of land in Re.Sy.No.15 of Block No.189 of Kollam West Village, invoking the power under the Kerala Escheats and Forfeitures Act, 1964 and to quash the same. Petitioner also seeks other consequential reliefs.
2. The brief facts necessary for the disposal of the writ petition are as follows:
Petitioner is a company incorporated under the Companies Act, 1956 and holds properties in various parts of Kerala, which are mainly rubber and tea plantations. Petitioner is the absolute owner of 4.04 Acres of land comprised in R.Sy.No.15 (Old Sy. Nos. 7450, 7453, 7454A, 7454B & 7456) of Block No.189 of Kollam West Village. The said property, along with other properties, was purchased by M/s. Harrisons and Crosfield (UK) Ltd from one Mr.Duncan Grant Cameron, by virtue of
The court ruled that the petitioner's right to property under Article 300A is protected, and the District Collector failed to establish jurisdictional facts for declaring land as abandoned under the ....
The court held that leasehold rights are protected and cannot be violated without due process, stating that the property cannot be declared escheated without a legal basis.
One must assess if District Collector would obtain any right in law to declare “Gift Deed” to be invalid or illegal, even assuming that there was any violation of FERA/FEMA, while it was executed.
Local authorities must institute a court suit to declare property as escheat under the Act; unilateral declarations without due process are invalid.
The imposition of conditions on land tax acceptance under G.O. dated 06.06.2019 was held illegal, infringing on the petitioner's statutory rights and subjecting property ownership claims to arbitrary....
The court upheld that construction permits are mandatory and necessitated an inquiry into the petitioner's property title under the KDH Act before addressing eviction disputes.
The petitioner is required to exhaust statutory remedies under the Kerala Land Tax Act before filing a writ petition in the High Court.
The court clarified the limitations on the Muthawalli's powers to execute lease agreements and the definition of encroachment under the Kerala Wakf Rules. It also established that the petitioner was ....
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
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