The Kerala High Court on Tuesday quashed a notice issued by the Revenue department to Kanan Devan Hills Plantations Company Private Limited asking it to show cause why the bungalows in Munnar leased out to it for tourism purposes should not be taken over for violation of lease conditions.
Justice P.V. Kunhikrishnan passed the verdict while allowing a petition filed by the company challenging the show-cause notice.
2015 order
When the petition came up for hearing, counsel for the company pointed out that the the Kerala High Court had delivered a judgement in 2015 in favour of the company on the same point raised in the present petition. The court had then made it clear that there was absolutely no impediment in the company utilising the estate bungalows on the land restored to it under the provision of the Kanan Devan Hills (Resumption of Lands) (KDH) Act for conducting tourism resorts/home stay as proposed. The court pointed out that the government pleader had not disputed the applicability of the judgment in the present case.
Appeal pending
The government pleader submitted that the judgment was challenged and a writ appeal was pending before a Division Bench. Admittedly, there was no interim order on the writ appeal. Hence in the light of the judgment, the writ petition was to be allowed and the notice quashed, the court observed.
