PETITIONER: S. VALLINAYAGAM & ORS. Vs. RESPONDENT: LUKE STEPHEN & ANR. DATE OF JUDGMENT: 23/10/1996 BENCH: K. RAMASWAMY, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel for both sides.
This appeal by special leave arises from the order of
the Kerala High Court dated April 10, 1996 made in CMA No.
68/96. This Court while issuing the notice on July 30, 1996
stated as under:
“Mr.Subba Rao, learned counsel for
the petitioner says that he has no
objection as regards injunction
restraining the petitioner from
alienating the land of erecting or
inducting third parties into
possession. He says that his client
has been growing cardamom. Unless
some of the trees are cut or
removed it would not be possible to
carry on the cardamom plantation.
Only to that extent subject to any
further condition may be imposed,
the injunction may be vacated or
suitably modified, We do not
propose to go into at this stage on
this limited issue.”
Pursuant thereto, a counter-affidavit has been file by
the respondent stating that the appellant has obtained
plantations of the cardamom. He disbanded the entire labour
force. Only tow persons are kept in charge of the
plantations and, therefore, there is to need to cut and
remove any trees. Shri Subba Rao, learned counsel for the
appellant has stated that the appellant has been carrying on
the planting of cardamom. The trees that obstruct the
cardamom cultivation are required to be cut: similarly, the
trees suffer afflicted wi diseases have to be cut so as to
keep infection free atmosphere, Under those circumstances,
it is necessary that he may be permitted to cut the trees.
Shri Vishwanantha Iyer, learned senior counsel for the
respondent, States that since the cardamom plantations are
required to be done only in the monsoon season, i.e., June ,
July or March and April and the first season is yet to start
and since there are, at present, no crops there is no need
to cut the trees. In view of the allegations and counter-
allegations, we cannot set the matter at rest here. Under
these circumstances, the trial Court is directed to appoint
an advocate Commissioner to make a personal inspection after
notice to the parties and to submit a report whether the
cardamom plantations have been raised by the appellant and
if so in what extent of the land the plantations have been
raised. On the receipt of the report from the Commissioner
with a finding that cardamom plantations have been raised,
necessary directions should be issued to cut such number of
trees which require for uninterrupted cultivation of
cardamom plantations and also such of the plants which are
affected by pests so as to keep the plantations free from
infection. The petitioner is required to obtain crop loans.
He could also obtain crop loan from the banks etc. The trial
Court is directed to dispose of the suit by December 1996.
The appeal is accordingly disposed of. the appellant is
directed to approach the civil Court with and application to
appoint a Commissioner forthwith. The directions given by
the High Court for disposal for the suit stand upheld. No
costs.