http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

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.