COASTAL RESORTS (INDIA) LTD v. THE PRINCIPAL SECRETARY TO GOVERNMENT

BY ADVS. SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL ADVOCATE GENERAL OFFICE KERALA SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL SRI. M.H. HANILKUMAR (SPL GP- REVENUE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.17440/2017 -:3:- J U D G M E N T The petitioner has approached this Court challenging Exts.P26, P29 and P31, which are proceedings issued by the Tahsildar, Kochi Taluk, demanding the payment of enhanced lease rent, in respect of land leased out to the petitioner on terms contained in Ext.P20 Government Order dated 22-02-2010. The demands in Exts.P26, P29 and P31 are on the basis that enhanced lease rent is payable in terms of Ext.P27 Government Order dated 02-05-2011. It is the case of the petitioner that, the petitioner is not bound to pay any lease rent in terms of Ext.P27 and it continues to be bound only by the terms of Ext.P20, which is prior to Ext.P27, especially since the petitioner was granted a lease on terms contained in Ext.P20 for a period of 25 years from 01-10-2009, which period will expire only by September, 2034.

2. Adv. Joseph Kodianthara, the learned Senior Counsel appearing for the petitioner, on the instructions of Adv. Abraham Joseph Markos, would refer to Exts.P20 and P27 to show that the terms of Ext.P27 can never apply to the lease granted in terms of Ext.P20 on specific terms including the rate of lease W.P.(C) No.17440/2017 -:4:- rent. It is submitted that the petitioner will continue to be bound only by the terms of Ext.P20 for the entire period of lease and not by the terms of Ext.P27, which apply only in the cases of renewal.

3. Learned Special Government Pleader appearing for the official respondents would submit that the impugned demands cannot be faulted as they have been raised in terms of Ext.P27 Government Order. To a specific question from the Court, the learned Special Government Pleader has submitted that the question as to whether Ext.P27 will apply to the lease granted in terms of Ext.P20 has not been specifically considered by the Government. It is submitted that if the petitioner will be satisfied with a direction to the competent authority of the Government to consider that issue, the writ petition can be disposed of directing the consideration of that issue at the hands of the competent authority.

4. Having heard the learned Senior Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents, I am of the view that this writ petition can be disposed of directing the 1st respondent to consider as to whether the terms of Ext.P27 Government Order W.P.(C) No.17440/2017 -:5:- dated 02-05-2011 would apply to the lease granted to the petitioner in terms of Ext.P20 Government Order dated 22-02-2010 and to take a decision in the matter after affording an opportunity of hearing to the petitioner within a period of three months from the date of receipt of a certified copy of this judgment. Till such time as a decision is taken as directed above, the lease granted to the petitioner by Ext.P20 shall not be disturbed in any manner, provided the petitioner continues to discharge liability for lease rent in terms of the stipulations in Ext.P20. I make it clear that I have not expressed any opinion on the merits of the matter and it will be open to the 1 st respondent to take a decision in the matter in accordance with the law. All contentions taken by the petitioner are left open. Writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE W.P.(C) No.17440/2017 -:6:- APPENDIX OF WP(C) 17440/2017 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF IDENTURE OF SALE DTD 303/1993 EXHIBIT P1(A) EXHIBIT P1(B) EXHIBIT P1(C) EXHIBIT P1(D) EXHIBIT P1(E) EXHIBIT P2 EXHIBIT P3 EXHIBIT P3(A) EXHIBIT P3(B) EXHIBIT P3(C) TRUE COPY OF THE ORIGINAL LEASE DEED DTD 3/4/1854, TRUE COPY OF THE ORDER DTD 7/11/1855 RELEETTING THE PROPERTY TO MR.GEORGE BRUNTON. TRUE COPY OF THE DOCUMENT NO.676/1962 DTD 31/3/1962 EXECUTED IN FAVOUR OF M/S.BRUNTON & CO.ENGINEERS LTD, FORT KOCHI. TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR DTD 31/3/1992. TRUE COPY OF THE GOVERNMENTS LETTER DTD 7/6/1999 TO THE DISTRICT COLLECTOR ENCLOSING THEREWITH COPY OF THE LETTER DTD 24/5/1999 BY THE KSIDC LTD. TRUE COPY OF APPLICATION FOR ASSIGNMENT DTD 10/2/200 FILED BY THE PETITIONER TRUE COPY OF APPLICATION FOR RENEWAL OF LEASE DTD 15/2/2000 FILED BY THE PETITIONER TRUE COPY OF MINUTES OF THE MEETING DTD 25/1/2001. TRUE COPY OF STATEMENT OF FACTS AVAILABEL IN THE FILES OF THE DEPUTY COLLECTOR (LR)RELATING TO P NO 16811/2001. TRUE COPY OF THE LETTER DTD 5/4/2000 SENT BY THE 6TH RESPONDENT TAHSILDAR, KOCHI TO THE DEPUTY SECRETARY(ESTATE)AND THE SECRETARY OF COCHIN CORPORATION. EXHIBIT P3(D) TRUE COPY OF THE LETTER DTD 31/8/2000 SENT BY THE COCHIN PORT TRUST. EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DTD 10/1/2005 OF THE KERALA HIGH COURT IN OP NO 16811/2001. TRUE COPY OF ORDER DTD 25/7/2005 OF THE SUPREME COURT IN SLP NO 14052/2005 TRUE COPY OF LETTER DTD 1/2/2005 OF THE PETITIONER TO THE DEPUTY COLLECTOR W.P.(C) No.17440/2017 -:7:- EXHIBIT P7 EXHIBIT P8 TRUE COPY OF RECEIPT DTD 9/7/2003 TRUE COPY OF NOTICE DTD 8/3/2007 RECEIVED BY THE PETITIONER FROM THE 6TH RESPONDENT TAHSILDAR. EXHIBIT P9 TRUE COPY OF RECEIPT DTD 15/3/2007 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 EXHIBIT P16 EXHIBIT P17 EXHIBIT P18 EXHIBIT P19 EXHIBIT P20 EXHIBIT P21 TRUE COPY OF PETITIONERS LETTER DTD 14/3/2007 OF THE 6TH RESPONDENT TAHSILDAR TRUE COPY OF ORDER DTD 28/2/2007 OF THE 2ND RESPONDENT. TRUE COPY OF PETITIONERS LETTER DTD 23/3/2007 TO THE 2ND RESPONDENT. TRUE COPY OF PROCEEDINGS DTD 30/3/2007 FROM THE 6TH RESPONDENT TAHSILDAR TO THE VILLAGE OFFICER. TRUE COPY OF LETTER DTD 13/4/2007 SENT BY THE DISTRICT COLLECTOR TO THE ADDITIONAL SECRETARY TO GOVERNMENT. TRUE COPY OF THE LETTER DTD 25/5/2007 SENT BY THE DISTRICT COLLECTOR TO THE ADDITIONAL SECRETARY TO GOVERNMENT. TRUE COPY OF THE NOTE SUBMITTED BY THE PETITIONER AT THE HEARING ON 31/7/2007 TRUE COPY OF THE ORDER TD 25/8/2007 RECEIVED BY THE PETITIONER ON 6/9/2007 FROM THE ADDITIONAL SECRETARY TO GOVERNMENT TO THE PETITIONER. TRUE COPY OF THE INTERIM ORDER DTD 18/8/2009 OF THIS HON'BLE COURT IN WPC NO TRUE COPY OF THE LETTER DTD 28/8/2009 OF THE PETITIONER TO THE HONOURABLE COURT FOR REVENUE. TRUE COPY OF THE ORDER DTD 22/2/2010 ISSUED BY THE GOVERNMENT, TRUE COPY OF THE RECEIPT DTD 31/3/2016 ISSUED BY THE 6TH RESPONDENT TAHSILDAR , KOCHI W.P.(C) No.17440/2017 -:8:- EXHIBIT P22 EXHIBIT P23 EXHIBIT P24 EXHIBIT P25 EXHIBIT P26 EXHIBIT P27 EXHIBIT P28 EXHIBIT P29 EXHIBIT P30 EXHIBIT P31 TRUE COPY OF THE INVOICES DTD 31/3/2016 ISSUED BY THE 6TH RESPONDENT TAHSILDAR , KOCHI FOR THE YEARS 2012-13 TO 2015-16 TRUE COPY OF THE DEMAND DRAFTS EVIDENCING PAYMENT OF LEASE RENT FOR THE YEAR 2016-17 TRUE COPY OF THE NOTICE RECEIVED FROM THE TALUK OFFICE, KOCHI REGARDING PAYMENT OF SERVICE TAX TRUE COPY OF THE LETTER DTD 20/11/20156 OF THE PETITIONER TRUE COPY OF THE NOTICE DTD 23/7/2016 ISSUED BY THE 6TH RESPONDENT TAHSILDAR. TRUE COPY OF THE ORDER NO 174/2011/REVENUE DTD 2/5/2011 ISSUED BY THE GOVERNMENT TRUE COPY OF THE PETITIONERS LETTER DTD 29/8/2016 TO THE 6TH RESPONDENT. TRUE COPY OF THE NOTICE DTD 4/2/2017 ISSUED BY THE 6TH RESPONDENT TAHDILAR. TRUE COPY OF THE PETITIONERS REPLY DTD 28/2/2017 TRUE COPY OF THE NOTICE DTD 3/5/2017 ISSUED BY THE 6TH RESPONDENT. RESPONDENT’S ANNEXURERS ANNEXURE R6(a) ANNEXURE R6(b) TRUE COPY OF NOTIFIED MARKET VALUE AS PER GO(P) NO.126/2004/RD DATED 14.11.2024 TRUE COPY OF TABLE SHOWING THE MARKET VALUE OF THE LAND AND THE RENT AS PER EXHIBIT P20