The Hindu : Kerala News : Merchiston Estate files plea High Court round-up

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Wednesday, Sep 19, 2007
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Kerala

Merchiston Estate files plea High Court round-up

Kochi: A writ petition was filed on Tuesday by the owner of the Merchiston Estate in Ponmudi challenging the order of the Divisional Forest Officer (DFO), Thiruvananthapuram, directing him to vacate the estate within 30 days.

The petition was filed by Southern Field Ventures Private Limited Managing Director Xavi Mano Mathew. The DFO issued the order on in September 8. The company had purchased 707.23 acres of the tea estate known as Merchiston Estate from Jayasree Tea and Industries Limited on March 30, 2005.

The petitioner understood that the estate was vested in the Government under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance 2000.When the ordinance became Act in 2005, it had excluded the tea estate from the purview of the Act. As per the provisions of the Act, tea estate could not be deemed to have ever vested with the Government. Following a High Court directive, the company made an application before the Custodian of Ecologically Fragile Land and Chief Conservator of Forests for declaration that the estate was not a fragile land. The Custodian declared that an area of 24.409 hectares was not an ecologically fragile one. However, under pressure from extraneous sources, the Custodian affixed a notice on the factory premises declaring that the land was still vested with the Government. The DFO issued the order on September 8. The petitioner sought to quash this order.

Pariyaram poll

A Bench comprising Justice H.L. Dattu and Justice K. T. Sankaran issued notice to the Government and the Director General of Police on a petition filed by K. Sudhakaran, MLA, seeking a directive for deploying adequate Central police force for the smooth conduct of elections to Pariyaram Hospital Society. The election is scheduled for September 23.

The court also issued notice to CPI(M) Kannur district secretary P. Sasi and the managing committee of Pariyaram Cooperative Hospital Society.

The petitioner apprehended that the voters would not be allowed to vote. The petitioner sought police protection to prevent the outsiders from entering the polling station.

Vigilance probe

Justice C. N. Ramachandran Nair has directed the Vigilance Director to conduct an inquiry into the incident in which a Public Works Department contractor was repeatedly awarded contracts despite the fact that he had failed to carry out the works earlier.

The court passed the directive when the petition filed by contractor T.R. Kurian of Irinjalakuda challenging the revenue recovery proceedings against him came up for hearing. The court noted that the State Government had advanced Rs.75 lakh to the contractor who had not executed 50 per cent of the work. He should have been blacklisted.

Show cause notice

Justice Kurian Joseph has directed the State Government to show cause why the Government Order limiting the loss of hearing impairment for getting Government job to 40 decibels should not be modified in tune with the Persons With Disabilities (Equal Opportunities, protection Of Rights And Full Participation) Act. The Act limited the hearing loss to 60 Decibels.

Counsels criticised

The High Court orally criticised the Central Government standing counsels in the State for not conducting cases properly and not cooperating with court proceedings.

In many cases in which the Central Government was a party, its counsels were not appearing in the court, it observed.

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