JUDGMENT

Manjula Chellur,CJ This writ appeal is directed against the judgment of the learned Single Judge dated 13.12.2012 wherein the learned Judge had directed resumption of 22.45 hectars of land from the respondents/writ petitioners which was taken over on the basis of the violation of terms and conditions of lease. The case of the writ petitioners in brief before the learned Single Judge was that an extent of 6063 acres of forest land was taken on lease in perpetuity by the predecessor of petitioner from the Diwan of Cochin representing the Government of Cochin for cultivation of rubber, tea, and cardamom at Mooply, Palappilly and Kundai estates.

2. According to the writ petitioner, for more than 100 years they had established these plantations, nurtured and raised it and looked after them. The lease deed provides only for cultivation of catch-crops and so far as sub lease is considered, there was no restriction whatsoever.

3. It is not in dispute that Ext.P2 order came to be passed when parallel proceedings were initiated by the Conservator of Forests on the ground that the terms and conditions of lease was violated and so called violation was in respect of several aspects. Simu