State of Kerala, Vs the Haileyburia Tea Estates Ltd. — Kerala HC (2025) — LawSathi Research

State of Kerala, Vs the Haileyburia Tea Estates Ltd. — Kerala HC (2025) — LawSathi Research

O.P (C) No.2115 of 2021

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2025:KER:25319

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE K. BABU

TUESDAY, THE 25^TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

OP(C) NO. 2115 OF 2021

AGAINST THE ORDER DATED 18.02.2021 IN OS NO.69 OF 2013 OF

MUNSIFF'S COURT, PEERUMEDU

PETITIONERS:

1 STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI, KUYILIMALA, PAINAVUKARA, IDUKKI VILLAGE, PAINAV P.O., THODUPUZHA TALUK, IDUKKI DISTRICT-685603.

2 THE TAHSILDAR, PEERMADE, AZHUTHA KARA, PEERMADE VILLAGE, PIN-685531.

3 THE EXECUTIVE ENGINEER, PWD (ROADS), IDUKKI, PAINAVU KARA, IDUKKI VILLAGE, PAINAVU P.O., THODUPUZHA TALUK, IDUKKI DISTRICT-685603.

4 ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS), PEERMADE, AZHUTHA KARA, PEERMADE VILLAGE PIN-685531.

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BY ADVS.

SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL, ADVOCATE GENERAL OFFICE KERALA SMT.G.SHEEBA, GOVERNMENT PLEADER

RESPONDENT:

THE HAILEYBURIA TEA ESTATES LTD., REGISTERED OFFICE AT 24/432, MARAR ROAD, WILLINGTON ISLAND, KOCHI-682003.

BY ADVS. V.ABRAHAM MARKOS P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS ISAAC THOMAS ABRAHAM JOSEPH MARKOS SHARAD JOSEPH KODANTHARA

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

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K.BABU, J.

O.P (C) No.2115 of 2021

Dated this the 25^th day of March, 2025

JUDGMENT

The prayers in this Original Petition (Civil) are as follows:

“(i) Call for records leading to Exhibit P5 Order and quash the same.

(ii) Direct the respondent/plaintiff to furnish a fresh panel of qualified experts since the person who was appointed as expert by Exhibit P5 order was already found as incapable by the learned Munsiff by Exhibit P4 order.

(iii) Such other reliefs urged at the time of hearing.”

The petitioners seek to set aside Ext.P5 order by which the

Trial Court appointed the Manager, Tyford Tea Estate Ltd Company

as an expert to assist the Commissioner. The contention of the petitioners is that the Manager, Tyford Tea Estate Ltd Company is

not an expert in the field and therefore, he be replaced by another

expert.

The learned counsel for the respondent submitted that he

has no objection in allowing the petition.

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Therefore, the Original Petition (Civil) is allowed. Exhibit P5

order stands set aside. I.A No.1088/2016 in O.S No.69/2013 is remitted to the Trial Court for fresh consideration. Both sides are at liberty to place list of experts in the Court below.

Sd/K.BABU, JUDGE

KAS

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APPENDIX OF OP(C) 2115/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE EXPERT LIST DATED 06/01/2020. Exhibit P2 TRUE COPY OF THE PROCEEDINGS PAPER OF MUNSIFF COURT, PEERMADE ISSUED ON 31/03/2021. Exhibit P3 TRUE COPY OF THE REVIEW PETITION DATED 26/02/2020. Exhibit P4 TRUE COPY OF THE ORDER APPOINTING ASSISTANT DIRECTOR, TEA BOARD INDIA, PEERMADE AS EXPERT TO ASSIST ADVOCATE COMMISSIONER DATED 18/03/2020 PASSED BY THE LEARNED MUNSIFF COURT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 18/02/2021 IN OS NO. 69/2013 OF MUNSIFF COURT, PEERMADE.