Kerala stern on encroachers; to take back all lands in illegal possession of HML

At last the Kerala government has taken a stern step against encroachers in the state, especially with the Special Officer for Land Resumption M G Rajamanickam serving notice to Harrisons Malayalam Ltd to vacate 29,185 acres of land spread over Kollam, Pathanamthitta, Kottayam and Idukki districts. Apart from this, the government is also for recovering the other stretches of lands, illegally held by the company in the different parts of the state.

It is estimated that HML are in the illegal possession of about 60,000 acres of land. Though several probes have concluded that the HML was in the possession of lands that belonged to the government, no government had taken a firm step against the company until the High Court ruled that that the state government was vested with necessary powers under Kerala Conservancy Act to retrieve the land.

Revenue Minister Adoor Prakash said that all the lands that are to be taken back are government land and the company had fabricated documents. He made it clear that the special officer was appointed based on a High Court order. Before serving the eviction notice, the special office had inspected all the four districts and verified the documents.

The Minister also said that the company had sold 8,147 acres in the four districts from where the company has been asked to vacate. He also said that the company was misleading the people by placing advertisements, which amount to contempt of court. The advertisements have been given by HML Vice president (Legal) V Venugopal, against whom the vigilance had recommended a case after a preliminary inquiry found evidence of forgery of documents and survey maps with the Plantation Majors.

Panel to probe financial dealings of HML

After taking up with the Ministry of Corporate Affairs, Enforcement Directorate and other Central Financial institutions with regard to the alleged financial fraud of Harrisons Malayalam Ltd, the state government has initiated a Financial Implication Committee to look into all the financial aspects of the company.

Revenue minister Adoor Prakash said that the government was taking very strong steps in getting back all the lands in their illegal possession. A committee has been initiated for looking into all the financial aspects of the company,'he said. 

Stating that the government will not deter from taking back all lands from illegal encroachers in the state, he said that the revenue secretary had held discussions with regard to the constitution of the committee.

It is learned that the Financial Implications Committee will be headed by Additional Chief Secretary K M Abraham. Revenue Secretary Sathyajeeth Rajan and officials from the revenue are in the team. The Financial Implication Committee will be looking into all the financial dealings of the company. It would include the production that the company gets fdrom one unit area of land and also the profit that the company had made from 1950.

source: The New Indian Express 

http://epaper.newindianexpress.com/265185/The-New-Indian-Express-Thiruvananthapuram/30-04-2014#page/5/1

Kerala State to move SC against Stay order in HML case

The state government is likely to move the Supreme Court against the Stay  granted by the High Court on the criminal proceedings initiated against officials of Harrisons Malayalam Ltd (HML) in a case relating to forgery of documents and survey maps. The Supreme Court is being approached, alleging that the stay was granted illegally against the statute of the apex court.

The High Court had recently extended the stay even when the case was reserved for passing judgment. Highly placed officials in the Revenue department said that all these would only lead to a slow down of the government's initiative in retrieving the lands in the illegal possession of the HML and others.

A high level meeting held recently, represented by the Vigilance director, Home secretary, revenue Secretary, law secretary, Special government pleader (revenue) and other officials had concluded that the stay was illegal and there was an urgency to move the SC in this regard. 

The government is of the opinion that the Statutory powers under section 19 (3) (c) has been overlooked while granting the stay. As per this section, no court shall stay the proceedings under this act on any other ground  and the court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. 

Source

The New Indian express

http://epaper.newindianexpress.com/253850/The-New-Indian-Express-Thiruvananthapuram/07-04-2014#page/4/1

Harrisons Malayalam: Govt Pleader Kept in the dark

In an apparent move to weaken the state government's interest in resuming the lands in the illegal possession of Harrisons Malayalam Ltd (HML), special government pleader Susheela R Bhatt, who had been entrusted with the responsibility of handling the entire HML cases, was kept in the dark in a case related to criminal proceedings against HML officials, ultimately facilitating the company to get a stay.

Though the government through a special order (20/4/2012) had entrusted Susheela Bhatt to handle all the cases, it is learned that the files pertaining to criminal proceedings case against the HML officials was not sent to the government pleader. It is alleged that another pleader who had no knowledge about the entire case was entrusted with appearing in the case, which resulted in the granting of the stay to the HML.

It is also alleged that the government counsel who appeared in the case had not consulted the special government pleader.

Allegations have been raised that there was a deliberate move to sabotage the government's initiative of retrieving the lands in the illegal possession of HML. They alleged that such moves could only affect the government's drive against all encroachments in the state. 

Source: The New Indian Express

http://epaper.newindianexpress.com/201049/The-New-Indian-Express-Thiruvananthapuram/21-12-2013#page/2/1

Harrisons: Top officials from Land Bank, the Land Commissionerate, Registration and Survey to be part of Probe team

The vigilance that has initiated a detailed probe into the lands in the illegal possession of Harrisons Malayalam Ltd and forgery of its documents, has stepped in to constitute a high level team, including top officials of the Land Commissionerate, State Land Bank, Registration and Survey departments.

The special team under DYSP V Shyamkumar will have Assistant Commissioner ( L A) and Special Officer D Sajith Babu, Land Board Assistant Secretary Shibu, first grade and second grade surveyors and top officials from the Registration department.

Official sources said that a recommendation for constituting the high level team, including the above officials and others from the Revenue department, has been submitted to the Vigilance Director. It is learned that the team will be constituted at the earliest.

The special team was constituted for a detailed probe into the whole issue highlighted in the preliminary report submitted by investigating officer DYSP Nandanam Pillai, who looked into the forgery of document 1600/1923, which comprised of about 26,000 acres of land registered at the Kollam Principal Registration office. The Vigilance has already registered a case against against HML executive officials C Vinayaraghavan, Dharmaraj, Ravi Anand and V Venugopal and four registrars for the alleged forgery of documents.

Apart from looking into the forgery of the documents, the investigation will cover the alleged financial dealings of the company, which includes diversion of funds, tax evasion, availing loans from various banks and tea subsidies. The team will have an intensive probe into the alleged corruption of officials in the revenue and registration departments.

Source: The New Indian Express

http://epaper.newindianexpress.com/196550/The-New-Indian-Express-Thiruvananthapuram/11-12-2013#page/3/1

Land Issue: Kerala to serve notice to resume land from Planatation Majors

The Kerala Government that has initiated resumption of the lands in the illegal possession ofHarrisons Malayalam Ltd, will serve a notice on the company in two weeks time for the final

take over of the lands.

The special team constituted to take back the lands in the HML's illegal possession has 

completed 95 per cent inspection of the estates in four districts. 

Kollam, Pathanamthitta, Kottayam and Idukki are the four districts that the special team 

headed by special officer M G Rajamanickam is surveying as part of document 1600/1923, which was alleged to be be forged. The special officer was appointed based on the High Court judgement, which had permitted the government to reclaim the land which is allegedly in illegal possession of HML by implementing the provisions of the Land Conservancy Act. 

Stating that all the three districts have been completed, Rajamanickam said ''the inspection inIdukki was conducted on November 29 and 30. The inspection of the remaining Pooppara  and Devikulam regions in Idukki will be completed this week itself, which will complete the whole inspection.''

Once the inspection is complete, a showcase notice will be served on the company as per the 

the Kerala Land Reforms acts and rules in the second week of December to prove its claims over the land, official sources said. The team was entrusted with inspecting a total area of 25630.94 acres of land that comes under the 1600/1923 document.  Of this, the HML had sold 6703 acres of land.  

Source: The New Indian Express

http://epaper.newindianexpress.com/192486/The-New-Indian-Express-Thiruvananthapuram/02-12-2013#page/3/1

Panel to probe financial fraud of Plantation Major

After the Kerala government initiating the process of retrieving lands in the illegal possession of Harrisons Malayalam Ltd, the government is all set to constitute a high level panel for looking into the alleged financial fraud of the company, including diversion of funds, tax evasion and availing of loans from banks.

The high level team will be under an official not below the rank of chief secretary. The team will also comprise of officials from Revenue, Finance, Tax, Survey and Registration departments.

The government decided to go ahead with unearthing the alleged financial fraud as it involves crores of revenue that is due to the government.

All financial dealings of the company that has a direct impact on the resumption procedures of the government with respect to the lands in their illegal possession will come under the probe. 

Source: The New Indian Express

http://epaper.newindianexpress.com/191334/The-New-Indian-Express-Thiruvananthapuram/29-11-2013#page/4/1

Plantation Major's threat of Lay off not to deter Kerala Govt from taking back lands in illegal possession

Irrespective of a threat of a lay-off and close down of the estates, the Kerala Government, which has embarked on retrieving land in the illegal possession of Harrisons Malayalam Ltd, is not for succumbing to the pressure tactics. It has decided to go ahead to initiate action under the provisions of the Kerala Land Conservancy Act. 

The Plantations Majors had sent letters to the State Labour department stating that it would be difficult to go ahead with the functioning of its estates. However, the government sees this only as a pressure tactics of the company in the wake of actions being initiated against it.

State Revenue Minister Adoor Prakash has said that the Government will not succumb to the pressure tactics and would go ahead with taking back lands in their illegal possession. 

The company had been adopting pressure tactics from the day the government initiated steps against them. 

Source: The New Indian Express

http://epaper.newindianexpress.com/183266/The-New-Indian-Express-Thiruvananthapuram/11-11-2013#page/6/1

Vigilance initiates criminal case against revenue officials and a Plantation Major

The Vigilance that had unearthed documents and survey maps with Plantation Majors – Harrisons Malayalam Ltd – as fabricated, has taken a lead in initiating criminal cases against those involved in forging the documents, including the company and revenue officials.

In the vigilance report submitted by DYSP Nandanam Pillai, it is learned that he had recommended registering cases against company officials and the registrars who were involved in the alleged forgery of document 1600/1923. The report is said to have recommended further investigation into the role of the revenue officials and to take appropriate action against them.

Nandanam Pillai who probed the authenticity of document 1600/1923, which comprised of about 26,000 acres of land registered at the Kollam Principal Registration office, found that the documents and survey maps with the company are all fabricated and have been made outside the country, especially England. They had found that the document registered in 1923 was prepared in high quality paper with John Dickinson and company water mark, which was not in use then. Moreover, the conch insignia of the Travancore royal family embossed in the paper did not tally with the insignia of that time, which was egg shaped. A marked difference between the lithographic maps submitted by the company and the government was also found.

Source: The New Indian Express .....read more here....http://epaper.newindianexpress.com/176687/The-New-Indian-Express-Thiruvananthapuram/25-10-2013#page/5/1

Kerala Govt prohibits tree felling in HML Land

The Kerala government that has initiated resumption of land in the illegal possession of Harrisons Malayalam Ltd (HML), has directed the officials not to allow cutting of trees or grant possession certificates for the holdings of the Company. The Special Officer, appointed as per the directive of the High Court to resume the land from HML, issued the directions to all the village and Taluk officers.

In the direction, the officials have been asked not to allow any change in the tenure of the land, such as leasing, ownership change or otherwise. The transfer of lands should also be not allowed, the directive specifies.

The officials in the village and Taluk offices have been instructed to report all illegal actions on the part of the HML to the Special officer, highly placed officials said. ''Any action that is against the proceedings should be intimated to the Special Officer by the concerned officers, including the Forest officials,'' the sources said. They also said that the company should get prior permission of the Special Officer with regard to any issues related to the plantations.

 Source: New Indian Express

Read more here: http://epaper.newindianexpress.com/167442/The-New-Indian-Express-Thiruvananthapuram/03-10-2013#page/3/1

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