WP(C) NO. 18900 OF 2018 1 2025:KER:27018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 18900 OF 2018 AGAINST THE ORDER/JUDGMENT DATED IN WPC NO.12684 OF 2018 OF MUNNAR SPECIAL TRIBUNAL PETITIONER: ANTONY AGED 56 YEARS S/O. RAMASWAMY, RESIDING AT M.G.P.NO.XX/333,PERIAVURRAI FACTORY DIVISION, NULLATHANNI ESTATE, KDH VILLAGE, DEVICULAM TALUK. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001 2 DEPARTMENT OF REVENUE REPRESENTED BY THE SECRETARY,REVENUE DEPARTMENT, THIRUVANANTHAPURAM PIN-695001 3 THE KDH PLANTATION PVT LTD HAVING ITS REGISTERED OFFICE AT K.D.H.P HOUSE N.H.49, MUNNAR, KDH VILLAGE REPRESENTED BY ITS ASST. MANAGER V.THANKARAJ, KDHP HOUSE, MUNNAR, PIN-685612. 4 THE MANAGING DIRECTOR K.D.H.P.PVT LTD HAVING ITS REGISTERED OFFICE AT K.D.H.P.HOUSE N.H.49, MUNANR, KDH VILLAGE, WP(C) NO. 18900 OF 2018 2 2025:KER:27018 PIN:685612 5 THE DEPUTY GENERAL MANAGER NULLATHANNI ESTATE, HAVING ITS REGISTERED OFFICE AT K.D.H.P.HOUSE, N.H.49, MUNNAR, KDH VILALGE,PIN:685612 6 THE DEPUTY GENERAL MANAGER PERIAAUVARRAI ESTATE, HAVING ITS REGISTERED OFFICE AT K.D.H.P HOUSE N.H-49 MUNNAR, KDH VILALGE, PIN- 685612 BY ADVS. SRI.V.ABRAHAM MARKOS SRI.ABRAHAM JOSEPH MARKOS SRI.P.G.CHANDAPILLAI ABRAHAM SRI.HARAN THOMAS GEORGE SRI.ISAAC THOMAS SMT.RACHEL ABRAHAM SRI.DHEERAJ A.S. ,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18900 OF 2018 3 2025:KER:27018 JUDGMENT This writ petition is filed with the following prayers: a) Issue a writ or other order declaring that the term “dispute” as contained in Section 2(d) of Ext.P3, The Munnar Special Tribunal Act, 2010 could only read and construed as all disputes with respect to ownership, possession, use or any rights whatsoever over or concerning the land in Munnar area as well as all constructions and other uses of the land in such area which are pending before any authority or courts the dispute where the government land is involved. b) Such other writ or order which this Hon’ble Court deem fit, and proper and in the facts and circumstances of the case. 2. There is no appearance for the petitioner despite service of notice from this Court after the demise of the counsel who was appearing for the petitioner. 3. The challenge in the writ petition is against the transfer of suit filed before the Civil Court, Thodupuzha and Devikulam to the Munnar Special Tribunal, constituted as per the Munnar Special Tribunal Act, 2010. It is submitted that the Munnar Special Tribunal Act, 2010, was repealed, leading to the stoppage of the functioning of the Munnar Special Tribunal in 2019. WP(C) NO. 18900 OF 2018 4 2025:KER:27018 In the said circumstances, no further orders are required to be passed in this writ petition, and the same is accordingly closed. Sd/- MOHAMMED NIAS C.P. JUDGE MC/28.3 WP(C) NO. 18900 OF 2018 5 2025:KER:27018 APPENDIX OF WP(C) 18900/2018 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE I.A.NO.343/2018 RENUMBERED AS M.T. (O.P) NO.50/2018 OF MUNNAR TRIBUNAL EXHIBIT P2: TRUE COPY OF THE PLAINT IN O.S.NO.102/2018, RENUMBERED AS M.T. (OP)NO.53/2018 OF MUNNAR TRIBUNAL EXHIBIT P3: TRUE COPY OF THE MUNNAR SPECIAL TRIBUNAL ACT 2010 EXHIBIT P4: TRUE COPY OF THE INTERIM ORDER IN WPC NO.38016/16