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Tulsi Developers India Private ... vs State Of Kerala
2022 Latest Caselaw 2443 Ker

Citation : 2022 Latest Caselaw 2443 Ker
Judgement Date : 4 March, 2022

Kerala High Court
Tulsi Developers India Private ... vs State Of Kerala on 4 March, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 3924 OF 2022
PETITIONER:

            TULSI DEVELOPERS INDIA PRIVATE LIMITED
            VIII/522 B, MAVELIPURAM SEAPORT AIRPORT ROAD,
            KAKKANADU, ERNAKULAM, PIN-682 021, REPRESENTED
            BY ITS MANAGING DIRECTOR

            BY ADVS.
            BABU KARUKAPADATH
            M.A.VAHEEDA BABU
            P.U.VINOD KUMAR
            ARYA RAGHUNATH
            VAISAKHI V.
            T.M.MUHAMMED MUSTHAQ
            MOHAMED HISHAM P
            P.LAKSHMI



RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
            SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

    2       THE LAND REVENUE COMMISSIONER,
            PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM,PIN-695 033

    3       THE DISTRICT COLLECTOR,
            FIRST FLOOR OF CIVIL STATION, KAKKANAD ,PIN-682 030

    4       THE ADDITIONAL TAHASILDAR (LR)
            PARAVUR TALUK, TALUK OFFICE, PARAVUR
            KOCHI, KERALA-683 513

    5       THE VILLAGE OFFICER,
            KARUMALLOOR, PARAVUR, ERNAKULAM,PIN-683 511

    6       DEPUTY DIRECTOR OF SURVEY,
            OFFICE OF THE DEPUTY DIRECTOR OF SURVEY, COLLECTORATE,
            ERNAKULAM,PIN-682 030
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                        2

     7          DISTRICT SUPERINTENDENT OF SURVEY AND LAND
                RECORDS, OFFICE OF THE DEPUTY DIRECTOR OF
                SURVEY, COLLECTORATE, ERNAKULAM,PIN-682 030

     8          TALUK SURVEYOR
                PARAVUR, ERNAKULAM,PIN-683 513

     9          DEPUTY COLLECTOR (VIGILANCE), REVENUE VIGILANCE
                (MIDDLE ZONE), OFFICE OF THE DEPUTY COLLECTOR,
                CIVIL STATION, KAKKANAD, PIN-682 030

    10          M.N.AJAYAKUMAR, AGE AND FATHER'S NAME NOT KNOWN
                TO THE PETITIONER, NOW WORKING AS MINI FOREST
                SURVEY SUPERINTENDENT, OFFICE OF THE MINI FOREST
                ASSISTANT DIRECTOR, KOZHIKODE,PIN-673 020

                SRI.ASHWIN SETHUMADHAVAN SR.G.P.




         THIS     WRIT     PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION        ON      04.03.2022,    ALONG    WITH   WP(C).4106/2022,
4292/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                        3

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 4106 OF 2022
PETITIONER:
         LATHA HARIKUMAR, AGED 55 YEARS, WIFE OF
         HARIKUMAR, FORMERLY RESIDED AT D' MARIGOLD
         CASTLE HOMES, VADAVATHOOR P.O, VIJAYAPURAM
         VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT -
         686010 AND NOW RESIDING AT 142, BLU RAIN VILLAS,
         THADIKKA KADAVU, WEST VELIYATHUNADU P.O,
         ERNAKULAM-683511, PIN - 683511

                P.M.ZIRAJ
                IRFAN ZIRAJ


RESPONDENTS:
    1    THE THAHASILDAR, LAND RECORDS, TALUK OFFICE,
         PARAVOOR TALUK NORTH PARAVOOR, ERNAKULAM 683513.

     2          THE VILLAGE OFFICER, KARUMALOOR VILLAGE,
                PARAVOOR TALUK, ERNAKULAM 683511.

     3          TALUK SURVEYOR, TALUK OFFICE, PARAVOOR TALUK,
                NORTH PARAVOOR, ERNAKULAM DISTRICT 683513

     4          LAND REVENUE COMMISSIONER, OFFICE OF THE LAND
                REVENUE COMMISSIONER, PUBLIC OFFICE COMPOUND,
                REVENUE COMPLEX, THIRUVANANTHAPURAM 695033

     5          TULSI DEVELOPERS INDIA PVT. LTD, REPRESENTED BY
                MANAGING DIRECTOR MR. TULASIDAS, S/O LATE
                GOPINATHAN NAIR, DWARAKA, MARARIKULAM VILLAGE,
                CHERTHALA TALUK, ALAPPUZHA DISTRICT 688544.


         THIS    WRIT   PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 04.03.2022, ALONG WITH WP(C).3924/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                        4



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 4292 OF 2022
PETITIONER:
         MIKKU ABRAHAM OOMMEN, AGED 37 YEARS
         SON OF OOMMEN PHILIPOSE, RESIDING AT G-13, NOEL
         SIGNATURE APARTMENTS, KUSUMAGIRI P.O, KAKKANAD,
         PIN-682030, KAKKANAD VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682030

                P.M.ZIRAJ
                IRFAN ZIRAJ


RESPONDENTS:
    1    THE THAHASILDHAR LAND RECORDS, TALUK OFFICE,
         PARAVOOR TALUK NORTH PARAVOOR, ERNAKULAM-683513.

     2          THE VILLAGE OFFICER, KARUMALOOR VILLAGE,
                PARAVOOR TALUK, ERNAKULAM 683511.

     3          TALUK SURVEYOR, TALUK OFFICE, PARAVOOR TALUK,
                NORTH PARAVOOR, ERNAKULAM DISTRICT 683513.

     4          LAND REVENUE COMMISSIONER
                OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC
                OFFICE COMPOUND, REVENUE COMPLEX,
                THIRUVANANTHAPURAM 695033.

     5          TULSI DEVELOPERS INDIA PVT. LTD, REPRESENTED BY
                MANAGING DIRECTOR MR. TULASIDAS, S/O LATE
                GOPINATHAN NAIR, DWARAKA, MARARIKULAM VILLAGE,
                CHERTHALA TALUK, ALAPPUZHA DISTRICT 688544.


         THIS    WRIT   PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 04.03.2022, ALONG WITH WP(C).3924/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                        5



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 4380 OF 2022
PETITIONER:

            SHABIR AHMED HANIF, AGED 44 YEARS
            SON OF P.M.M.HANIF, RESIDING AT PERUMPULLY
            HOUSE, KARIKKAD P.O, PERUMPILAVU VILLAGE,
            TALAPPILLY TALUK, THRISSUR DISTRICT REPRESENTED
            BY POWER OF ATTORNEY HOLDER P.M. SHANAVAS, SON
            OF P. K. MOOSA AGED 59 YEARS, RESIDING AT SNRA
            27, SNEHA NAGAR 27, HMT COLONY, THRIKKAKARA
            NORTH PART VILLAGE, KANAYANNUR TALUK, ERNAKULAM
            DISTRICT 683503.

            P.M.ZIRAJ
            IRFAN ZIRAJ



RESPONDENTS:

     1      THE THAHASILDHAR LAND RECORDS, TALUK OFFICE,
            PARAVOOR TALUK NORTH PARAVOOR, ERNAKULAM 683513

     2      THE VILLAGE OFFICER, KARUMALOOR VILLAGE,
            PARAVOOR TALUK, ERNAKULAM 683511.

     3      TALUK SURVEYOR, TALUK OFFICE, PARAVOOR TALUK,
            NORTH PARAVOOR, ERNAKULAM DISTRICT 683513.

     4      LAND REVENUE COMMISSIONER, OFFICE OF THE LAND
            REVENUE COMMISSIONER, PUBLIC OFFICE COMPOUND,
            REVENUE COMPLEX, THIRUVANANTHAPURAM 695033

     5      TULSI DEVELOPERS INDIA PVT LTD., REPRESENTED BY
            MANAGING DIRECTOR MR. TULASIDAS, SON OF LATE
            GOPINATHAN NAIR, DWARAKA, MARARIKULAM VILLAGE,
            CHERTHALA TALUK, ALAPPUZHA DISTRICT 688544.
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                      6

      THIS     WRIT    PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 04.03.2022, ALONG WITH WP(C).3924/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                        7



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 6332 OF 2022
PETITIONER:
         MIRSA BABU K. A., AGED 41 YEARS
         SON OF ABU, KANNANCHAKKASSERIL HOUSE, NORTH
         PARAVOOR P.O, PARAVOOR VILLAGE, PARAVOOR TALUK,
         ERNAKULAM DISTRICT, PIN - 683513

                P.M.ZIRAJ
                IRFAN ZIRAJ


RESPONDENTS:
    1    THE THAHASILDHAR OFFICE, PARAVOOR TALUK NORTH
         PARAVOOR, ERNAKULAM, PIN - 683513

     2          THE VILLAGE OFFICER, KARUMALOOR VILLAGE,
                PARAVOOR TALUK, ERNAKULAM, PIN - 683511

     3          TALUK SURVEYOR, TALUK OFFICE, PARAVOOR TALUK,
                NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN - 683513

     4          LAND REVENUE COMMISSIONER
                OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC
                OFFICE COMPOUND, REVENUE COMPLEX,
                THIRUVANANTHAPURAM, PIN - 695033

     5          TULSI DEVELOPERS INDIA PVT. LTD REPRESENTED BY
                MANAGING DIRECTOR MR. TULASIDAS, SON OF LATE
                GOPINATHAN NAIR, DWARAKA, MARARIKULAM VILLAGE,
                CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN -
                688544


         THIS    WRIT   PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 04.03.2022, ALONG WITH WP(C).3924/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3924 OF 2022 & CON.CASES
                                     8

                                 JUDGMENT

[WP(C) Nos.3924/2022, 4106/2022, 4292/2022, 4380/2022, 6332/2022]

Among the five writ petitions I am considering together -

on account of the analogous factual circumstances presented -

W.P.(C) No.3924/2022 has been filed by a company by name

Tulsi Developers India Private Limited (for short 'Tulsi

Developers'); while the other four writ petitions have been

filed by persons who have purchased properties from them and

who will hereinafter be referred to as the "assignees".

2. As per "Tulsi Developers", they have developed an

extent of property into a residential Villa Complex and have

sold it to various persons including the "assignees". They say

that they had made the construction in strict compliance of all

applicable Rules and Regulations and without encroaching into

any Government Land, but that complaints appear to have

been raised contrary to this. They say that this led to Ext.P9

report being settled by the District Collector, who has

affirmatively found that they had not encroached into any land,

including "Puzha Puramboke" as alleged. They say that,

however, inspite of this, the Vigilance Department issued

Ext.P12 proceedings, describing it to be a report, saying that WP(C) NO. 3924 OF 2022 & CON.CASES

no cogent documents or sketches are available with respect to

the "Puzha Puramboke" and therefore, requisitioning the

assistance of the Survey Director for completing proceedings

with respect to the same.

3. "Tulsi Developers" allege that the sixth respondent -

Deputy Director of Survey has now issued Ext.P15 in W.P.(C)

No.3924/2022 seeking that their property be surveyed based

on their title documents, with an insinuating observation that

they are in encroachment of the "Puzha Puramboke". They say

that Ext.P15 is wholly and egregiously improper because

Ext.P9 proceedings of the District Collector has already found

that they are not in such encroachment and therefore, that a

further enquiry into their property, under the aegis of the

Survey and Boundaries Act, is nothing but a colourable

exercise of power. They thus prayed that Ext.P15 be set aside.

4. As far as the petitioners in W.P.(C) Nos.4106/2022,

4292/2022, 4380/2022 and 6332/2022 are concerned, they

have also impugned similar notices issued to them for survey

of their properties and they impel the same contentions as

above, as made by the "Tulsi Developers", thus seeking that

the same be set aside.

5. I have heard Smt.M.A.Vaheeda Babu, learned counsel WP(C) NO. 3924 OF 2022 & CON.CASES

appearing for the petitioner in W.P.(C) No.3924/2022; Sri.Irfan

Ziraj, learned counsel appearing for the petitioners in the

other writ petitions and Sri.Aswin Sethumadhavan, learned

Special Government Pleader appearing for the official

respondents in all these cases.

6. I notice from the files that the summons issued from

this Court to some of the party respondents in these cases

have not been returned. However, in view of the directions

that I propose herein, I am certain that they will not put to any

prejudice.

7. Sri.Aswin Sethumadhavan - learned Special

Government Pleader, answered the afore submissions of the

petitioners saying that Ext.P15 in W.P.(C) No.3924/2022 is not

a final report but only records certain suspicions, based on

which a survey was proposed, as is evident from Exts.P17 and

P18 notices therein. He submitted that there is absolutely no

cause for concern for the petitioners because what has been

proposed to be done is only to verify whether their

constructions are in encroachment of the "Puzha Puramboke".

He, however, conceded that Ext.P9 in the said writ petition has

been settled by the District Collector, but contended that this

was done without reference to the sketches and documents, WP(C) NO. 3924 OF 2022 & CON.CASES

which were in any case not available. He then explained that,

as is limpid from Ext.P12 in W.P.(C) No.3924/2022, the Deputy

Collector (Vigilance) has recorded this and has, therefore,

requested the assistance of the Survey Director to assess the

actual situation. He submitted that Ext.P15 report in the said

writ petition was settled thereafter, but without any affirmative

declarations of findings; and that all which is now proposed is

a survey, so as to dispel every suspicion. He, therefore, prayed

that this writ petition be dismissed.

8. I have evaluated the afore submissions of Sri.Aswin

Sethumadhavan very carefully.

9. As rightly stated by Smt.M.A.Vaheeda Babu, learned

counsel for the petitioner in W.P.(C) No.3924/2022, when a

complaint was raised against her client that they have

encroached into "Puzha Puramboke", it was enquired into by

the District Collector and Ext.P9 report was settled, finding

without doubt that no such was found. Normally, the matter

should have rested there. However, it appears that on the

basis of further complaints, the Vigilance Department took up

the matter again and Ext.P12 report was settled by the Deputy

Collector (Vigilance), wherein, there is no finding that "Tulsi

Developers" or the other petitioners have encroached into WP(C) NO. 3924 OF 2022 & CON.CASES

"Puzha Puramboke", but that the survey sketches and other

documents are not available. Resultantly, a request was made

for the assistance of the Survey Director, which appears to

have now led to Ext.P15 report to be settled by the sixth

respondent - Deputy Director of Survey.

10. That said, as I have already seen above, the specific

submissions of Sri.Aswin Sethumadhavan - learned Special

Government Pleader, is that Ext.P15 does not find conclusively

that any of the petitioners have encroached into "Puzha

Puramboke" and that what is being attempted is only to find

whether they have done so. I must say that this stand of the

official respondents cannot appeal to this Court at the first

instance because, if there is any suspicion that any part of the

"Puzha Puramboke" has been encroached into, the proper

method is to survey the said area; so that if any encroachments

are found, then to notify the petitioners or such other persons

appropriately, either under the provisions of the Kerala Land

Conservancy Act or under the Kerala Survey and Boundaries

Act.

11. However, what is being now done in this case is to

issue the impugned notices, based on the report of the Deputy

Director, virtually rising a suspicion that the petitioners are WP(C) NO. 3924 OF 2022 & CON.CASES

likely to have encroached into the "Puzha Puramboke". When

Ext.P9 and Ext.P12 in W.P.(C) No.3924/2022 clearly mentions

that there are no documents with respect to the "Puzha

Puramboke" available, I fail to understand why a fresh survey

cannot be done with respect to the said properties and if

anyone is found to have encroached into it, to follow it up with

necessary action at that time, rather than causing a sweeping

enquiry into the properties of the petitioners, as a roving

investigation, but without any specific inputs.

12. Indubitably, therefore, what the official respondents

must do is to survey the "Puzha Puramboke" first and if they

are to then find that anyone, including the petitioners, have

encroached into any part thereof, then to notify them

appropriately, either under the Kerala Land Conservancy Act

or under the Kerala Survey and Boundaries Act and then to

take necessary action against them in terms of law.

13. At this time, Sri.Aswin Sethumadhavan, learned

Special Government Pleader intervened to say that, as is

manifest from Ext.P16 in W.P.(C) No.3924/2022, the District

Collector has already intimated the Land Revenue

Commissioner that there are no documents to identify and

properly measure the "Puzha Puramboke". WP(C) NO. 3924 OF 2022 & CON.CASES

14. Even when I hear the learned Special Government

Pleader on the afore lines, it is without doubt that even if such

documents are not available, it cannot lead to a roving enquiry

with respect to the petitioners' properties, to prove the

negative nor can they be thrust upon with any such obligation.

15. As I have already said above, the official respondents

must certainly identify the "Puzha Puramboke" first, through

cogent and reliable methods including by conducting a survey

and only thereafter if encroachment is noticed, can citizens

been put to detriment.

16. Presumably, being aware of the mind of this Court as

above, Sri.Aswin Sethumadhavan - learned Senior Government

Pleader - submitted that a survey into the "Puzha Puramboke"

will be first completed and prayed that the authorities

concerned be left liberty to initiate action against the

petitioners, should they be found to have encroached into it in

any manner.

Resultantly, I allow these writ petitions and set aside all

the notices impugned therein; however, leaving full liberty to

the official respondents to conduct survey of the "Puzha

Puramboke" in any manner as they may deem fit. If, after such

an enquiry, any of the petitioners are found to be in WP(C) NO. 3924 OF 2022 & CON.CASES

encroachment of the "Puzha Puramboke", then they shall

certainly be authorised to issue appropriate notices to them,

either under the provisions of the Kerala Land Conservancy

Act or under the Kerala Survey and Boundaries Act and Rules

thereunder, and initiate and complete proceedings thereon as

per law; for which purpose, all contentions of the rival parties

are left open.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3924 OF 2022 & CON.CASES

APPENDIX OF WP(C) 3924/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 01.11.2012, ACCEPTING LAND TAX FROM THE PETITIONER FOR AN EXTENT OF 1 HECTOR 90 ARES 89 SQ.METRES OF LAND SITUATED IN SURVEY NOS 431/3A65, 431/3A1,431/3A16,116/31,116/29 AND 116/28B OF KARUMALOOR VILLAGE, PARAVUR TALUK OF ERNAKULAM DISTRICT

Exhibit P2 A TRUE COPY OF THE ORDER DATED 28.11.2012 OF THE SENOR TOWN PLANNER GRANTING APPROVAL OF LAY OUT FOR LAND DEVELOPMENT

Exhibit P3 A TRUE COPY OF THE DEVELOPMENT PERMIT DATED 13.03.2013 ISSUED BY KARUMALLOOR GRAMA PANCHAYAT

Exhibit P4 A TRUE COPY OF THE CERTIFICATE DATED 11.04.2013 ISSUED BY THE 5TH RESPONDENT CERTIFYING THAT THE PETITIONER IS THE ABSOLUTE OWNER IN EXCLUSIVE POSSESSION AND ENJOYMENT OF THE ABOVE EXTENT OF PROPERTIES

Exhibit P5 A TRUE COPY OF THE LETTER DATED 03.10.2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER ALONG WITH THE SKETCH OF THE PROPERTY PREPARED BY THE 8TH RESPONDENT

Exhibit P6 A TRUE COPY OF THE SKETCH OF THE PROPERTY PREPARED BY THE 8TH RESPONDENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER ALONG WITH EXHIBIT P5

Exhibit P7 A TRUE COPY OF THE REPORT DATED 8.12.2014 OF THE 7TH RESPONDENT SUBMITTED BEFORE THE 3RD RESPONDENT APPROVING AND CERTIFYING EXHIBIT P5 AND P6 SKETCH AS CORRECT WP(C) NO. 3924 OF 2022 & CON.CASES

Exhibit P8 A TRUE COPY OF THE REPORT OF THE SPECIAL TAHSAILR (LR) ERNAKULAM DATED 16.03.2015 SUBMITTED BEFORE THE 3RD RESPONDENT REPORTING THAT THE PROPERTY IS NOT PUZHA PURAMBOKE BY PRODUCING COPIES OF ALL THE PATTAS ISSUED WITH RESPECT TO THE PROPERTY TO ITS PREVIOUS OWNERS

Exhibit P9 A TRUE COPY OF THE DETAIL REPORT DATED 29.07.2015 OF THE 3RD RESPONDENT SUBMITTED BEFORE THE 2ND RESPONDENT AFTER CONDUCTING HEARING AND ALSO BASED ON ALL THE REPORTS INCLUDING P4 T P8 FROM VARIOUS AUTHORITIES INCLUDING THE PANCHAYATH, REPORTING THAT THERE IS NO ENCROACHMENT OF PUZHA PURAMBOKE BY THE PETITIONER

Exhibit P10 A TRUE COPY OF THE NOTICE DATED 14.02.2019 RECEIVED FORM THE 7TH RESPONDENT DIRECTING TO APPEAR WITH DOCUMENTS ON 20.02.2019

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 26.04.2019 RECEIVED FROM THE 7TH RESPONDENT PROPOSING TO INSPECT THE PROPERTY ON 11.05.2019

Exhibit P12 A TRUE COPY OF THE REPORT DATED 06.04.016 SUBMITTED BY THE 9TH RESPONDENT BEFORE THE 2ND RESPONDENT BASED ON A COMPLAINT RECEIVED IN 2013, OBTAINED UNDER THE RTI ACT

Exhibit P13 A TRUE COPY OF THE LETTER DATED 16.10.2018 FROM THE 2ND RESPONDENT ADDRESSING THE 3RD RESPONDENT, INSTRUCTING TO CALL FOR REPORT FROM THE 4TH RESPONDENT, OBTAINED UNDER THE RTI ACT

Exhibit P14 A TRUE COPY OF THE LETTER DATED 25.10.2018 FROM THE 3RD RESPONDENT ADDRESSING THE 6TH RESPONDENT INSTRUCTING TO SUBMIT REPORT AFTER TAKING MEASUREMENTS, OBTAINED UNDER THE RTI ACT

Exhibit P15 A TRUE COPY OF THE REPORT DATED 06.10.2020 ALONG WITH SKETCH SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT, WP(C) NO. 3924 OF 2022 & CON.CASES

BASED ON THE INSPECTION CONDUCTED BY THE 7TH RESPONDENT WITHOUT NOTICE, OBTAINED UNDER THE RTI ACT

Exhibit P16 A TRUE COPY OF THE LETTER DATED 07.10.2020 OF THE 3RD RESPONDENT FORWARDING EXHIBIT P15 TO THE 2ND RESPONDENT OBTAINED UNDER THE RTI ACT

Exhibit P17 A TRUE COPY OF THE NOTICE DATED 20.01.2022 RECEIVED BY THE PETITIONER FROM THE 8TH RESPONDENT, PROPOSING RE-SURVEY OF THE PROPERTY OF THE PETITIONER

Exhibit P18 A TRUE COPY OF THE NOTICE DATED 20.01.2022 RECEIVED BY THE 8TH RESPONDENT BY ONE OF THE PURCHASER OF THE VILLA FROM THE PETITIONER , PROPOSING RE-SURVEY OF THE PROPERTY WP(C) NO. 3924 OF 2022 & CON.CASES

APPENDIX OF WP(C) 4106/2022

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE RELEVANT PAGES OF TITLE DEED OF THE PROPERTY OF PETITIONER DATED 23.12.2013 REGISTERED AS DOCUMENT NUMBER 5912/2013 OF CHENGAMANAD SUB REGISTRAR OFFICE

Exhibit- P2 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY DATED 22.05.2021 ISSUED BY THE SECOND RESPONDENT

Exhibit- P3 TRUE COPY OF THE INTERNET PAYMENT RECEIPT OF THE BUILDING TAX IN CONNECTION WITH THE SAID PROPERTY DATED 22.05.2021

Exhibit- P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE IN CONNECTION WITH THE PROPERTY OF PETITIONER DATED 27.01.2022 ISSUED BY KARUMALOOR GRAMA PANCHAYATH

Exhibit- P5 TRUE COPY OF THE SKETCH OF THE SAID ENTIRE LAND ISSUED BY THE FOURTH RESPONDENT DATED 04.10.2013

Exhibit- P6 TRUE COPY OF THE NOTICE DATED 20.01.2022 ISSUED BY THE FOURTH RESPONDENT WP(C) NO. 3924 OF 2022 & CON.CASES

APPENDIX OF WP(C) 4292/2022

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE TITLE DEED OF THE PROPERTY OF PETITIONER DATED 3446/2016 DATED 18.10.2016 OF CHENGAMANAD SUB REGISTRAR OFFICE

Exhibit-P2 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY DATED 05.02.2022 ISSUED BY THE SECOND RESPONDENT

Exhibit- P3 TRUE COPY OF THE RECEIPT OF THE BUILDING TAX IN CONNECTION WITH THE SAID PROPERTY DATED 04.10.2019

Exhibit- P4 TRUE COPY OF THE SKETCH OF THE SAID ENTIRE LAND ISSUED BY THE THIRD RESPONDENT DATED 04.10.2013

Exhibit- P5 TRUE COPY OF THE NOTICE DATED 20.01.2022 ISSUED BY THE THIRD RESPONDENT

Exhibit- P6 TRUE COPY OF THE NOTICE DATED 02.02.2022 ISSUED BY THE THIRD RESPONDENT WP(C) NO. 3924 OF 2022 & CON.CASES

APPENDIX OF WP(C) 4380/2022

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE RELEVANT PAGES OF TITLE DEED OF THE PROPERTY OF PETITIONER DATED 96/1/2020 DATED 21.12.2020 OF CHENGAMANAD SUB REGISTRAR OFFICE

Exhibit- P2 TRUE COPY OF THE SKETCH OF THE PROPERTY ISSUED BY THE THIRD RESPONDENT DATED 04.10.2013

Exhibit- P3 TRUE COPY OF THE NOTICE DATED 20.01.2022 ISSUED BY THE THIRD RESPONDENT

Exhibit- P4 TRUE COPY OF THE NOTICE DATED 02.02.2022 ISSUED BY THE THIRD RESPONDENT WP(C) NO. 3924 OF 2022 & CON.CASES

APPENDIX OF WP(C) 6332/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TITLE DEED OF THE PROPERTY OF PETITIONER DATED 03.05.2014 REGISTERED AS DOCUMENT NUMBER 2709/2014 OF CHENGAMANAD SUB REGISTRAR OFFICE

Exhibit P2 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY DATED 04.02.2022 ISSUED BY THE SECOND RESPONDENT

Exhibit P3 TRUE COPY OF THE SKETCH OF THE SAID ENTIRE LAND ISSUED BY THE THIRD RESPONDENT DATED 04.10.2013

Exhibit P4 TRUE COPY OF THE NOTICE DATED 20.01.2022 ISSUED BY THE THIRD RESPONDENT

Exhibit P5 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 10.02.2022 IN WPC. NO.4106 OF 2022

 
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