Kerala High Court restores 30,000-acre plantation land to Harrisons Malayalam

A Division Bench of the Kerala High Court on Wednesday set aside the order of MG Rajamanikkam, Special Officer, appointed by the Government under the Kerala Land Conservancy Act taking over the land in the possession of Harrisons Malayalam Ltd (HML) spread over five districts in the State and directing it to vacate from the land.

The land consists of around 30,000 acres owned and possessed by the company for plantation activities.

The Bench comprising Justice K Vinod Chandran and Justice Ashok Menon, while allowing a writ petition filed by HML, observed that the State government had willingly succumbed to public outcry without looking at the legal implications.

The government was not for the masses alone but it existed for each individual. Courage and conviction were lacking when, on a mere public demand, arbitrary action was perpetrated.

A corporate entity also contributes to the might of a nation and constitutes a citizen at its helm and managerial staff. The welfare State existed for the downtrodden and the marginalised but could ‘not act like Robin Hood. This would amount to negation of the democratic principles and blatant flouting of the rule of law’.

Title issue

The court also pointed out that title could not be adjudicated under the Act which intended only for the eviction of unauthorised occupation. Title issue had to be adjudicated before a civil court.

The title had to be established after adducing evidence in a properly initiated civil proceedings if the state venture to do so. There was no need for the petitioner to approach the civil court to establish title under the Act.

The court further observed that an officer authorised to evict unauthorised possession of a government land or poromboke lands could not decide title on allegations of fraud practised by the holder. Fraud would have to be pleaded and established in a court of law.

The Special Officer had not the competence to declare void the agreement, registered conveyance, certificates of purchase, and exemption under the Kerala Land Reform Act, or the orders of the civil court and statutory bodies.

The Bench also pointed out that the State had all along accepted the title and possession of the land held by HML, issued exemption orders and purchase certificates under the Kerala Land Reforms Act, besides accepting tax and duties for the land and buildings and the activities carried on the land-plantations.

The court pointed out that section 20 of Code of Civil Procedure reserved the right of an occupier to establish title and challenge a proceeding under the Conservancy Act, before a civil court.

The reservation so made divested the authority under this Act of the power to adjudicate on title. Therefore, the order of the Special Officer was far in excess of his powers and without jurisdiction as the title of the land being now with the holders of the respective lands as per the revenue records.

BL Bureau adds: Meanwhile, in Thiruvananthapuram, an official spokesman for HML welcomed the verdict and said the judgement would be a great relief for HML and also for the crisis-ridden plantation sector in the State.

Being in business in India over a century, HML reiterates that its lands are legitimately held — the company does not have any unauthorised government land as alleged.

“With this verdict, HML expects that the doubts raised on the company and its lands are clarified and put to rest once and for all and it will now be permitted to carry on with its normal operations without hindrance. This will help HML to now focus more on growth and development of its estates, thereby protecting the interests of thousands of its employees and their dependent families, and also creating more job opportunities in the State,” the spokesperson added.

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