Citation : 2024 Latest Caselaw 17058 Ker
Judgement Date : 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 42445 OF 2023
PETITIONERS:
1 SATHANAND RANGARAJ, AGED 29 YEARS, S/O RANGARAJ,
RESIDING AT 3/54-2, TEACHERS COLONY, KARAMADI,
METTUPALAYAM TALUK, KARAMADAI.P.O.,
COIMBATORE DISTRICT IN TAMILNADU STATE, PIN 641104,
PRESENTLY RESIDING AT 107, SNRV NAGA,
KARAMADAI, METTUPALAYAM TALUK, COIMBATORE,
TAMILNADU, PIN - 641104.
2 MUTHAMMAL, AGED 76 YEARS, W/O VENKATRAMA GOWDER, RAJAN
P.V.K. THOTTAM, 3/67, NEW NO.3/218 A, CHINNATHADAGAM,
CHINNATHADAGAM P.O., COIMBATORE NORTH TALUK,
COIMBATORE DISTRICT, TAMIL NADU STATE,
PIN 641108, PRESENTLY RESIDING AT 107,
SNRV NAGA, KARAMADAI, METTUPALAYAM TALUK,
COIMBATORE, TAMILNADU -641104,
REPRESENTED BY POWER OF ATTORNEY HOLDER SATHANAND
RANGARAJ, AGED 29, S/O RANGARAJ,
RESIDING AT 3/54-2, TEACHERS COLONY, KARAMADI,
METTUPALAYAM TALUK, KARAMADAI.P.O.,
COIMBATORE DISTRICT IN TAMILNADU STATE,
PIN 641104, PRESENTLY RESIDING AT 107,
SNRV NAGA, KARAMADAI, METTUPALAYAM TALUK,
COIMBATORE, TAMILNADU, PIN - 641104.
BY ADVS.SARATH M.S.
B.PREMNATH (E)
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF,
YAKKARA ROAD, NEAR KSRTC BUS STAND,
PALAKKAD, KERALA, PIN - 678014.
2 THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
AGALI PALAKKAD, PIN - 678581.
3 THE STATION HOUSE OFFICER, SHOLAYUR POLICE STATION,
SHOLAYUR.P.O., PALAKKAD, PIN - 679534.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-2-
4 SUB COLLECTOR/REVENUE DIVISIONAL OFFICER
OTTAPPALAM, PALAKKAD, PIN - 679101.
5 RANGI, AGED 61 YEARS, W/O LATE RANGAN,
ATTAPPADY, SHOLAYUR VILLAGE, VELLAKKULAM OORU,
AGALI, PALAKKAD, PIN - 678581.
6 MURUGAN, AGED 30 YEARS, SON OF LATE RANGAN,
ATTAPPADY, SHOLAYUR VILLAGE, PIN - 678581.
7 RATHINAM, AGED 30 YEARS, SON OF LATE RANGAN,
ATTAPPADY, SHOLAYUR VILLAGE, VELLAKKULAM OORU,
AGALI, PALAKKAD, PIN - 678581.
8 AYYAPPAN, AGED 25 YEARS, SON OF LATE RANGAN,
ATTAPPADY, SHOLAYUR VILLAGE, VELLAKKULAM OORU,
AGALI, PALAKKAD, PIN - 678581.
9 RAMI, AGED 51 YEARS, W/O LATE PONNI, ATTAPPADY,
SHOLAYUR VILLAGE, VELLAKKULAM OORU, AGALI,
PALAKKAD,, PIN - 678581.
10 SUKUMARAN, S/O. KOTTAAYI, MELUVEETTIL HOUSE,
AGALI, PALAKKAD DISTRICT, PIN - 678581.
11 T.R. CHANDRAN, VATTALAKKY FARM,
MATTATHUKADU POST, AGALI (VIA),
MATTAPPADI, PALAKKAD, PIN - 678581.
12 MURUKAN, AGED 25 YEARS, S/O RANKAN,
VECHAPPATHI, SHOLAYUR, AGALI PALAKKAD,
PIN - 678581.
BY ADVS.ANEESH K.R
SAURAV B.(K/2198/2022)
LIA GEORGE(K/3894/2023)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).2642/2024,
37052/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 2642 OF 2024
PETITIONERS:
1 RAMI, AGED 51 YEARS,
W/O LATE PONNI, ATTAPPADY,
SHOLAYUR VILLAGE, VELLAKKULAM OORU, AGALI,
PALAKKAD -, PIN - 678581.
2 RANGI, AGED 60 YEARS
W/O LATE RANGAN, ATTAPPADY,
SHOLAYUR VILLAGE, VELLAKKULAM OORU, AGALI,
PALAKKAD, PIN - 678581.
BY ADVS.
ANEESH K.R
SAURAV B.
LIA GEORGE
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS,
VELLAYAMBALAM, CITY-THIRUVANANTHAPURAM,
PIN - 695010.
2 DEPUTY SUPERINTENDANT OF POLICE AGALI
POLICE DEPARTMENT IN AGALI, PALAKKAD, KERALA,
AGALI, KERALA, PIN - 678581.
3 THE STATION HOUSE OFFICER,
SHOLAYUR POLICE STATION, AGALI,
PALAKAD, PIN - 678581.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-4-
4 PAZHANISWAMI, SUB INSPECTOR,
SHOLAYUR POLICE STATION,
AGALI PALAKKAD, PIN - 678581.
BY ADVS.
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).42445/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 37052 OF 2023
PETITIONERS:
1 V. JANARTHAN, AGED 56 YEARS,
S/O VELUSAMICHETTIYAR 115/1
SASI AVENUE AFTER TEX PARK,
KALAPATTY COIMBATORE NORTH
REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER
SANTHOSH P.A, AGED 37YEARS, S/O ANTONY,
PALLIPARAMBIL HOUSE SHOLAYUR, SHOLAYUR (PO)
PALAKKAD DISTRICT, PIN - 678581.
2 J.JOTHIMANI, AGED 55 YEARS,
W/O JANARTHAN 115/1 SASI AVENUE AFTER TEX PARK,
KALAPATTY COIMBATORE NORTH PIN:641 048
REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER
SANTHOSH P.A, AGED 37YEARS, S/O ANTONY,
PALLIPARAMBIL HOUSE SHOLAYUR, SHOLAYUR (PO)
PALAKKAD DISTRICT, PIN - 678581.
BY ADV
K SUNITHA VINOD
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE,
DISTRICT POLICE OFFICE PALAKKAD DISTRICT,
PALAKKAD, PIN-678 014.
2 THE STATION HOUSE OFFICER,
SHOLAYUR POLICE STATION, ATTAPADITRIBAL,
AGALI VIA, PALAKKAD DISTRICT, PIN - 678581.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-6-
3 RODIYAN@ RANKAN, AGED 55 YEARS
S/O KARA, VECHAPPATHI, SHOLAYUR AGALI
PALAKKAD, PIN - 678581.
4 JYOTHIMANY, AGED ABOUT 45 YEARS,
W/O RANKANVECHAPPATHI, SHOLAYUR AGALI
PALAKKAD, PIN - 678581.
5 MURUKAN,
AGED ABOUT 25YEARS, S/O RANKAN,
VECHAPPATHI, SHOLAYUR AGALI
PALAKKAD, PIN - 678581.
*ADDL.R6 NANCHAN, AGED 30 YEARS,
S/O LATE MARUTHAMOOPAN, VECHAPATHY,
SHOLAYAR, AGALI, ATTAPADI, KERALA - 678581
*ADDL.R6 IS IMPLEADED AS PER ORDER DATED
20.06.2024 IN I.A.NO.1/2024.
BY ADVS.
ANEESH K.R
SAURAV B.(K/2198/2022)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).42445/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 41839 OF 2023
PETITIONERS:
1 RAMI, AGED 51 YEARS,
W/O LATE PONNI, ATTAPPADY,
SHOLAYUR VILLAGE, VELLAKKULAM OORU, AGALI,
PALAKKAD, PIN - 678581.
2 RANGI, AGED 61 YEARS, W/O LATE RANGAN,
ATTAPPADY, SHOLAYUR VILLAGE, VELLAKKULAM OORU,
AGALI, PALAKKAD, PIN - 678581.
BY ADV
ANEESH K.R
RESPONDENTS:
1 DEPUTY SUPERINTENDENT OF POLICE AGALI
POLICE DEPARTMENT IN AGALI, PALAKKAD, KERALA,
AGALI, KERALA, PIN - 678581.
2 STATION HOUSE OFFICER SHOLAYUR
SHOLAYUR, AGALI, PALAKKAD, KERALA,
AGALI, KERALA, PIN - 678581.
3 MUTHAMMAL, AGED 72 YEARS
W/O VENKATRAMA GOUNDER,
RESIDING AT RAJAN P.V.K. THOTTAM, 3/67,
NEW NO.3/218 A, CHINNATHADAGAM,
CHINNATHADAGAM P.O., COIMBATORE NORTH TALUK,
COIMBATORE DISTRICT,
TAMIL NADU STATE, PIN - 641108.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-8-
4 SATHANAND RANGARAJ, AGED 29 YEARS
RANGARAJ, 3/54 -2 TEACHERS COLONY,
KARAMADAI, METTUPPALAYAM TALUK, COIMBATORE,
TAMIL NADU, PIN - 641104.
BY ADV SARATH M S
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).42445/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 17207 OF 2024
PETITIONERS:
1 K MOHANAN, AGED 67 YEARS,
S/O KUNJAMBU, FLAT NO. 205A, GOLDEN GATE,
KAKKANAD, ERNAKULAM, PIN - 683020.
2 JAGADEESH CHANDRAN, AGED 55 YEARS
S/O BALAKRISHNAN, GOLDEN HEIGHTS,
KADAVANTHRA, ERNAKULAM, PIN - 682020.
BY ADVS.
GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
RESPONDENTS:
1 DISTRICT POLICE CHIEF, PALAKKAD
DISTRICT POLICE OFFICE, YAKKARA ROAD,
NEAR KSRTC BUS STAND, PALAKKAD,
KERALA, PIN - 678014.
2 STATION HOUSE OFFICER, SHOLAYUR
SHOLAYUR POLICE STATION, SHOLAYUR,
PALAKKAD, PIN - 678581.
3 SUKUMARAN, S/O KOTTAYI, MELUVEETTIL HOUSE,
AGALI, PALAKKAD DISTRICT, PIN - 678581.
4 MURUGAN, AGED 30 YEARS,
S/O LATE RANGAN, VECHAPPATHY, SHOLAYUR P.O,
AGALI, PIN - 678581.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-10-
5 MURUKAN, AGED 25 YEARS, S/O RANKAN,
VECHAPPATHI, SHOLAYUR, AGALI,
PALAKKAD, PIN - 678581.
6 NANJAN ALIAS SELVARAJ
VECHAPPATHI, SHOLAYUR, AGALI,
PALAKKAD, PIN - 678581.
7 LAKSHMI, D/O KITTUSWAMY, VECHAPPATHI,
SHOLAYUR, AGALI, PALAKKAD, PIN - 678581.
8 RESI PERUMAL, VECHAPPATHI, SHOLAYUR,
AGALI, PALAKKAD, PIN - 678581.
9 CHALLAN, VECHAPPATHI, SHOLAYUR, AGALI,
PALAKKAD, PIN - 678581.
BY ADVS.
ANEESH K.R
SAURAV B.(K/2198/2022)
LIA GEORGE(K/3894/2023)
DEEPIKA P.(K/00986/2024)
ADITYA S. SAHADEVAN(K/0020558/2024)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).42445/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 17213 OF 2024
PETITIONER:
JOLLY S J, AGED 56 YEARS,
S/O JANARDHANAN, R/O SREELAKAM,
KARUNAGAPILLY, PADA NORTH P.O,
KOLLAM, PIN - 690518.
BY ADVS.GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
RESPONDENTS:
1 DISTRICT POLICE CHIEF, PALAKKAD
DISTRICT POLICE OFFICE, YAKKARA ROAD,
NEAR KSRTC BUS STAND, PALAKKAD,
KERALA, PIN - 678014.
2 STATION HOUSE OFFICER, SHOLAYUR,
SHOLAYUR POLICE STATION,
SHOLAYUR PALAKKAD, PIN - 678581.
3 SUKUMARAN, S/O KOTTAYI, MELUVEETTIL HOUSE,
AGALI, PALAKKAD DISTRICT, PIN - 678581.
4 MURUGAN, AGED 30 YEARS,
S/O LATE RANGAN, VECHAPPATHY, SHOLAYUR P O,
AGALI, PIN - 678581.
5 MURUKAN, AGED 25 YEARS,
S/O RANKAN, VECHAPPATHI, SHOLAYUR, AGALI,
PALLAKAD, PIN - 678581.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-12-
6 NANJAN ALIAS SELVARAJ,
VECHAPPATHI, SHOLAYUR, AGALI,
PALAKKAD, PIN - 678581.
7 LAKSHMI
D/O KITTUSWAMY, VECHAPPATHI, SHOLAYUR,
AGALI, PALAKKAD, PIN - 678581.
8 RESI PERUMAL, VECHAPPATHI, SHOLAYUR, AGALI,
PALAKKAD, PIN - 678581.
9 CHALLAN, VECHAPPATHI, SHOLAYUR, AGALI,
PALAKKAD, PIN - 678581.
BY ADVS.
ANEESH K.R
SAURAV B.(K/2198/2022)
LIA GEORGE(K/3894/2023)
DEEPIKA P.(K/00986/2024)
ADITYA S. SAHADEVAN(K/0020558/2024)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).42445/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 20239 OF 2024
PETITIONERS:
1 VELUSWAMI, AGED 48 YEARS,
S/O SUBRAMANIAN, VECHAPATHI OORU,
SHOLAYUR, ATTAPPADI, PIN - 687541.
2 MURUKAN, AGED 36 YEARS,
S/O RANKAN, VECHAPATHI OORU,
SHOLAYUR, ATTAPPADI, PIN - 678581.
BY ADVS.
ANEESH K.R
SAURAV B.
LIA GEORGE
DEEPIKA P.
ADITYA S. SAHADEVAN
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695010.
2 SUPERINTENDENT OF POLICE
OFFICE OF DISTRICT POLICE CHIEF,
PALAKKAD, KERALA, KERALA, PIN - 678581.
3 STATION HOUSE OFFICER,
SHOLAYUR POLICE STATION, AGALI,
PALAKKAD, KERALA,, PIN - 678581.
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-14-
4 SALEES
S/O SASI, BADANI VILAS, VEERAPANDI VILLAGE,
CHINNATHADAKAM ROAD, AANAKKATTI NORTH,
COIMBATORE, TAMIL NADU, PIN - 641005.
5 JANARDHANAN
S/O VELUSWAMI CHETIYAR, 115/1 SASI,
AVENUE APKTER TECHS PARK,
KALAPETTYM COIMBATORE NORTH, TAMIL NADU,
PIN - 641005.
6 SANTHOSH P.G
S/O ANTHONY, PALLIPARAMBIL HOUSE, SHOLAYUR,
AGALI, PALAKKAD, PIN - 678541.
7 MOHANAN
S/O KUNJAMBU, FLAT NO 205 A DD GOLDEN GATE,
PALACHUVADU, KAKKANAD,
ERNAKULAM, PIN - 682021.
8 JAGADEESH CHANDRAN
S/O BALAKRISHNAN NAIR, KUMBALATH HOUSE,
12(D) GOLDEN HIGH GATES BLOSSOMS, COCHIN ROAD,
KADAVANTHRA, ERNAKULAM -682020, PIN - 682020.
BY ADVS.
K SUNITHA VINOD
GAYATHRI MURALEEDHARAN
ARCHANA B.(K/3068/2022)
ARATHY P.(K/003158/2022)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH WP(C).42445/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos.42445/23, 2642/24,
37052/23, 41839/23, 17207/24,
17213/24 & 20239/24
-15-
JUDGMENT
[WP(C) Nos.42445/2023, 2642/2024, 37052/2023, 41839/2023, 17207/2024, 17213/2024, 20239/2024]
I am considering these Writ Petitions
together since they involve similar issues and
the reliefs sought for are inter-layered.
2. Out of the afore Writ Petitions,
WP(C)Nos.17207/2024, 17213/2024, 37052/2023 and
42445/2023 are filed by persons who claimed to
be the owners (who will hereinafter referred to
as 'the Owners' for convenience), in possession
of certain extents of land in the Attappadi
area. All of them assert such rights on the
strength of valid documents and survey records
and allege that the party respondents - who
claim to be Tribals (who will hereinafter
collectively referred to as 'the Tribals' for
convenience) and various others, are trespassing WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
into their property, causing damage and seeking
to usurp the same through unfair means. They say
that, therefore, they have approached the Police
for protection, since their lives and properties
are in danger; but that no action has been taken
by the officers concerned, thus constraining
them to approach this Court through these Writ
Petitions seeking various reliefs, including
that they be allowed to protect their property
by construction of fencing and protective walls.
3. While so, WP(C)Nos.20239/2024,
41839/2023 and 2642/2024 have been filed by the
'Tribals', arraying the 'Owners' as respondents.
Their assertion is that they are in possession
of the land and are tracing their title over it
through certain devolutions, but that they are
being threatened and intimidated by the party
respondents to evict themselves forcibly; thus
seeking that they be granted protection for WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
their lives and properties.
4. However, in WP(C)No.2642/2024, the
petitioners - who are also 'Tribals' - say that
the Police are harassing them, particularly the
3rd respondent therein, and seek that he be
directed not to do so because, the disputes
between them and the afore stated 'Owners' are
in the Civil realm.
5. I have heard Smt.Gayathri Muraleedharan,
Sri.Sarath M.S., Smt.Sunitha Vinod and
Sri.K.R.Aneesh - learned counsel appearing for
the petitioners in these Writ Petitions; and the
learned Senior Government Pleader - Smt.Rekha C.
Nair, appearing for the official respondents. WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
6. The learned counsel for the 'Owners'
made very vehement submissions with respect to
the title of their clients; and asserted that
the attempt of the 'Tribals' is to illegally
enrich themselves, by claiming possession and
ownership, which they are not entitled to. They
added that this situation is exacerbated
because, many of the properties remain without
proper fencing and compound walls; and hence
that, when their clients attempt to make such
constructions, it is being violently obstructed
by the latter, taking law into their own hands
and meting out threats and intimidation to them,
their families, and their employees. They argue
that there are no disputes with respect to the
boundaries or survey numbers of the properties;
and that the 'Tribals' cannot claim any right
over them in any manner, but are doing so on the
basis of certain specious assertions, which are WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
unsubstantiated and without any basis in law.
They thus pray that the reliefs sought for in
these Writ Petitions be granted.
7. However, Sri.K.R.Aneesh - learned
counsel appearing for the 'Tribals', had a
completely different version to present,
asserting that his clients have been in
possession and ownership of the properties for
several years, if not decades; and that the
owners are trespassing into the same, thus
asserting their ownership without any valid
basis. He added that his clients have approached
this Court through two other Writ Petitions,
seeking that the entire properties be surveyed
and marked, which would then establish the truth
of his clients' contentions; and therefore,
prayed that the Writ Petition Nos.20239/2024 and
41839/2023 be allowed; while,
W.P(C)Nos.2642/2024 be ordered, directing the 3rd WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
respondent - Police Officer therein not to
intervene in the civil disputes between the
parties or to harass them.
8. Smt.Rekha C.Nair - learned Senior
Government Pleader, began her submissions saying
that the Police is now caught in a very
difficult situation because, both sides are
claiming ownership and possession of the same
extents of land, and that too on the basis of
documents and other materials. She added that
the Police cannot look into these aspects at
all, since they do not have the competence or
jurisdiction to do so; but are now ensuring that
the lives of the parties are adequately
protected, to make sure that their internecine
disputes do not end in violence or infraction of
law.
9. The learned Senior Government Pleader
then vehemently asserted that this is all that WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
the Police can do because every other issue will
have to be resolved by the parties through
appropriate recourse in civil remedies, which
she affirmed, appear to have been initiated by
both sides and are pending before the competent
Forums/Courts. She prayed that, therefore, these
Writ Petitions be ordered only to the extent of
directing the Police to ensure that law and
order is always maintained and that none of the
parties are allowed to take law into their own
hands, or commit any action which is in conflict
with law.
10. I have evaluated the afore rival
submissions on the touchstone of various
materials - which are rather extensive in nature
- on record. It is doubtless that the 'Owners'
have produced several documents, along with
their Writ Petitions and along with the counter
pleadings in which they are respondents, to WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
establish their asserted unimpeached ownership
and possessions over the extents of land claimed
by them. They say that their lands are remaining
unprotected as of now because of lack of proper
fencing and compound walls in several places;
and that this is now being taken advantage of by
the 'Tribals' in trespassing into it at their
own volition and in a wanton fashion, thereby,
threatening and intimidating them to cede the
same in their favour, which is not tenable or
permissible.
11. However, per contra, the stand of the
tribals is that they have been in possession of
the lands for the last several years, though
they may not be able to establish it through
documentary ownership materials; but they
describe such derivation through the pleadings
on record.
12. It is thus obvious that the Police WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
cannot intervene in these issues because, when
two sides claim the same extent of the property,
based on their respective documents and
contentions, it is for the competent Court or
Forum to adjudicate it, but not for them to
intervene.
13. As far as this Court is concerned, while
it acts under Article 226 of the Constitution of
India, it is proscribed from entering into the
disputations in the realm of facts or to
adjudicate the same in any manner, particularly
when the parties are before this Court seeking
protection against each other.
14. That being said, even though I have gone
through the materials in some detail, there is
hardly any indication that the parties are
taking legal recourse through the available
civil remedies, though some of the 'Owners'
appear to have obtained orders of injunction WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
against either the 'Tribals' mentioned in these
matters, or others, who they say are
indeterminate and who keep changing.
15. In fact, the learned counsel for the
'Owners' submitted that the recourse in civil
law is often not very effective because, when a
Suit is filed against one set of people, it is
another set who would trespass and create
trouble. However, this by itself, would not be
sufficient for this Court to intervene and act
like a Civil Court, or to issue orders touching
upon the rival rights of the parties qua the
properties; and certainly, it is for them to
establish their ownership or possession over the
properties as per law.
16. However, the afore cannot be done by any
of the parties by resorting to violence or such
other deleterious conduct; and should they still
do so, it is for the Police to intervene and WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
ensure that law and order is maintained and that
necessary action relating to infractions of
peace and law is taken and completed to the
fullest warrant.
In the afore perspective, I allow
W.P(C)Nos.17207/2024, 17213/2024, 42445/2023 and
37052/2023, to the limited extent of directing
the Police to ensure that the lives of the
parties are adequately protected against each
other; and that no one is allowed to take law
into their own hands or to commit any action
which is in violation of law. The Police will
ensure that law and order is always maintained;
and that the parties do not resort to violence
or such other conduct against each other, though
they are at liberty to invoke and pursue every
other legal remedy that may be available to them
in law.
Axiomatically, if any of the petitioners in WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
these cases are obstructed from carrying out any
activity in the land claimed by them, the Police
will ensure that there is no law and order issue
without intervening into the civil disputes,
with the said persons being at liberty to invoke
other remedies as may be requisite, subject to
their advice in such matters.
W.P(C)Nos.20239/2024 and 41839/2023 are
allowed, directing the Police to ensure that law
and order is maintained; and that none of the
parties resort to violence or to threats and
intimidation against each other. The Police will
also be guided by the afore directions, since
the extents of land are interlayered or the
same, and they will also cause necessary vigil
to make sure that the parties do not violate
these directions in any manner whatsoever.
W.P(C)No.2642/2024 is closed, recording the
submissions of the learned Senior Government WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
Pleader, that the Police are not intervening in
the civil disputes, nor have they caused any
harassment and they have no reason to do so; and
further that the petitioners herein have not
been arrayed as accused in any Crime as of now,
they will be summoned only if they are issued a
notice under the provisions of the Cr.P.C.
However, it is clarified that if the petitioners
are to be arrayed as accused in future, the
Police will be at full liberty to cause an
investigation and to deal with it in any manner
as is apposite.
After I dictated this part of the judgment,
Sri.M.S.Sarath - learned counsel for the
petitioners in W.P(C)No.42445/2023, pointed out
that his clients are one of those 'Owners' who
have already invoked legal remedies; and in
fact, are enjoying Ext.P8 recommendation by the
Revenue Divisional officer that the Police must WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
give his clients adequate and effective
protection. He explained that his client,
thereafter, obtained an order of injunction
against the party respondents therein and that
it is being violated even now.
Needless to say, therefore, as I have
already said above, if any of the petitioners
have obtained orders from competent Authorities,
or are supported by directions from competent
Civil Courts, the Police will advert into the
same, while abiding by the afore directions and
act within the parameters of law, subject to the
remedies and rights of the other side.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 2642/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 31.05.2011 IN TLA CASE NO 869/1987 OF REVENUE DIVISION OFFICER OTTAPALAM
EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT DATED 12.04.2021 OF SHOLAYUR VILLAGE
EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 19.09.2023 OF SHOLAYUR VILLAGE
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER DATED 12.12.2023 IN WPC NO 41839 OF 2023 OF HIGH COURT OF KERALA
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT DATED 13.1.2024 GIVEN BY THE PETITIONERS TO THE 1ST RESPONDENT WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 37052/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO 2203/2022 OF AGALI SRO. DATED 27.12.2022
EXHIBIT P2 THE TRUE COPY OF THE LAND TAX PAID BY THE PETITIONERS IN SHOLAYUR VILLAGE, DATED 27.07.2023
EXHIBIT P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER IN CHARGE, SHOLAYUR VILLAGE, DATED 29.09.2023
EXHIBIT P4 THE TRUE COPY OF THE INTERIM ORDERIN IA NO 1085 IN OS NO.207/2023 PASSED BY THE HON'BLE MUNSIFF MAGISTRATE COURT, MANNARKKAD, DATED 06.10.2023
EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17.10.2023
EXHIBIT P6 THE PHOTOGRAPH OF THE FENCING DEMOLISHED BY RESPONDENTS NO 3 TO 5
EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ON 24.1 1.2023
EXHIBIT P8 A TRUE COPY OF THE POSSESSION CERTIFICATE NO 83426152 DTD 07-02-2024 ISSUED FROM SHOLAYUR VILLAGE OFFICE
EXHIBIT P9 TRUE COPY OF SKETCH NO.79/2024 DTD 22- 02-2024 SHOWING THE LOCATION AND BOUNDARIES OF PROPERTY COVERED BY EXT P1 ISSUED FROM SHOLAYUR VILLAGE OFFICE WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
EXHIBIT P10 A TRUE COPY OF THE BUILDING PERMIT N.JC 1-BA(97347)/2024 DTD 16-03-2024 ISSUED BY SHOLAYUR GRAMA PANCHAYATH FOR THE CONSTRUCTION OF A RESIDENTIAL BUILDING AND RECEIPT FOR PAYMENT OF PERMIT FEE
EXHIBIT P11 A PHOTOGRAPH SHOWING THE LIE AND PLY OF THE PROPERTY COVERED BY EXT P1 SALE DEED
EXHIBIT P12 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER SHOLAYUR DTD 15-08-
EXHIBIT P13 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AND REPLY LETTER DTD 13-02-2024 ISSUED UNDER RTI ACT FROM THE OFFICE OF THE RDO OTTAPPALAM
EXHIBIT P14 A TRUE AVAILABLE COPY OF SALE DEED NO 735/1957 OF MANNARKKAD SUB REGISTRY
EXHIBIT P15 A TRUE COPY OF THE SALE DEED NO.1295/2006 OF AGALI SUB REGISTRY
EXHIBIT P16 A TRUE AVAILABLE COPY OF A AND B REGISTER OF SHOLAYUR VILLAGE
EXHIBIT P17 A TRUE COPY OF THE COMPLAINT DTD 12- 03-2024, SUBMITTED BEFORE THE THAHASILDAR ATTAPPADI AND ITS RECEIPT
EXHIBIT P 18 A RELEVANT PAGE OF THE PURAMBOKE REGISTER SHOWING THE EXISTENCE OF A ROAD IN SY NO 1795/5 OF SHOLAYUR VILLAGE
EXHIBIT P19 A TRUE COPY OF THE FORM 12 NOTICE DTD 6-12-2023 SERVED ON THE 5TH RESPONDENT BY THE TALUK SURVEYOR WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
EXHIBIT P20 A TRUE COPY OF REPORT NO E-492180/23 DTD 13-12-2023 SUBMITTED BY THE TALUK SURVEYOR TO THE THAHASILDAR(LR)
EXHIBIT P21 A TRUE COPY OF THE APPLICATION DTD 13-
02-2023 SUBMITTED BY THE 5TH
RESPONDENT
EXHIBIT P22 A TRUE COPY OF THE JUDGMENT DTD 09-02-
2024 IN W.P ( C ) NO 4928/2024 OF THE HON'BLE HIGH COURT OF KERALA
RESPONDENT EXHIBITS
EXHIBIT R5(A) THE TRUE COPY OF THE 'A AND B' REGISTER OF SHOLAYUR VILLAGE ISSUED BY THE VILLAGE OFFICER SHOLAYUR DATED 21/12/2022
EXHIBIT R5(B) THE TRUE COPY OF THE BASIC TAX RECEIPT DATED 15.02.2023 ISSUED BY SHOLAYUR VILLAGE
EXHIBIT R5(C) TRIBAL LAND DISTRICT COLLECTOR, PALAKKAD HAS ISSUED A LETTER. THE TRUE COPY OF THE LETTER DATED 05.09.2023 ISSUED BY DISTRICT COLLECTOR PALAKAD TO TAHSILDAR, ATTAPADY
EXHIBIT R5(D) THE TRUE COPY OF THE ORDER DATED 12.10.1995 OF REVENUE DIVISION OFFICER OTTAPPALAM IN TLA CASE NO 65/1988
EXHIBIT R5(E) THE TRUE COPY OF THE APPLICATION MADE BY LATE MARUTHAMOOPAN FOR THE RESTORATATION OF TRIBAL LAND 12.10.1995
EXHIBIT R5(F) THE TRUE COPY OF THE NOTICE DATED 12.10.2020 ISSUED BY OFFICE OF SUB COLLECTOR OTTAPALAM WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
EXHIBIT R6(A) THE TRUE COPY OF THE ORDER DATED 12.10.1995 OF REVENUE DIVISION OFFICER OTTAPPALAM IN TLA CASE NO 65/1988
EXHIBIT R6(B) THE TRUE COPY OF THE APPLICATION MADE BY LATE MARUTHAMOOPAN FOR THE RESTORATATION OF TRIBAL LAND 12.10.1995
EXHIBIT R6(C) THE TRUE COPY OF THE NOTICE DATED 12.10.2020 ISSUED BY OFFICE OF SUB COLLECTOR OTTAPALAM WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 41839/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 31.05.2011 IN TLA CASE NO 869/1987 OF REVENUE DIVISION OFFICER OTTAPALAM
EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT DATED 12.04.2021 OF SHOLAYUR VILLAGE
EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT DATED 19.09.2023 OF SHOLAYUR VILLAGE
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P5 THE PHOTOGRAPH OF THE BOARD ERECTED BY THE 3RD RESPONDENT IN THE TRIBAL LAND BELONGING TO THE PETITIONERS
EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 30.11.2023 TO DEPUTY SUPERINTENDENT OF POLICE AGALI
RESPONDENT EXHIBITS
EXHIBIT-R4(A) TRUE COPY OF THE LETTER NO.A2- 547/2024 FURNISHING INFORMATION UNDER RIGHT TO INFORMATION ACT ISSUED TO THE 4TH RESPONDENT BY STATE PUBLIC INFORMATION OFFICER AND JUNIOR SUPERINTENDENT, OFFICE OF THE SUB COLLECTOR, OTTAPPALAM
EXHIBIT-R4(B) TRUE COPY OF THE ORDER NO.A1-5695/23 (2) DATED 13.12.2023 ISSUED BY SUB COLLECTOR, OTTAPPALAM TO THE 3RD RESPONDENT
EXHIBIT-R4(C) TRUE COPY OF THE INJUNCTION ORDER WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
DATED 20.12.2023 IN I.A. NO.1429/2023 IN O.S. NO.267/2023 OF THE COURT OF THE MUNSIFF-MAGISTRATE, MANNARKKAD
EXHIBIT-R4(D) TRUE COPY OF THE COMMISSION REPORT ALONG WITH SKETCH IN I.A. NO.1430/2023 IN O.S. NO.267/2023 OF THE COURT OF THE MUNSIFF-MAGISTRATE, MANNARKKAD DATED 25.1.2024
EXHIBIT-R4(E) TRUE COPY OF THE ENDORSEMENT BEARING NO.K11-45528/2024/PHQ DATED 6.3.2024 BY WHICH DIRECTION WAS GIVEN BY THE DIRECTOR GENERAL OF POLICE, KERALA TO DEPUTY INSPECTOR GENERAL, THRISSUR RANGE
EXHIBIT-R4(F) TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 42445/2023 DATED 15.12.2023 OF THE HON'BLE HIGH COURT OF KERALA
EXHIBIT-R4(G) TRUE COPY OF FIR IN CRIME NO.19/2024 OF SHOLAYAR POLICE STATION, PALAKKAD DISTRICT DATED 10.3.2024
EXHIBIT-R4(H) TRUE COPY OF THE FIR IN CRIME NO.30/2024 OF SHOLAYAR POLICE STATION, PALAKKAD DISTRICT DATED 10.3.2024
EXHIBIT-R4(I) TRUE COPY OF THE INTERIM ORDER DATED 7.7.2017 IN W.P.(C) NO.39866/2016 OF THE HON'BLE HIGH COURT OF KERALA WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 17207/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED BEARING DOCUMENT NO: 1663 OF 2006 OF AGALY SRO DATED 27.11.2006
EXHIBIT P2 THE PHOTOGRAPH OF THE BUILDING DATED 24.09.2022 AND 05.04.2024
EXHIBIT P3 THE TRUE COPY OF THE FORM 10 APPLICATION BEARING NO: 490/2024 DATED NIL
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER TO STATE POLICE CHIEF DATED NIL
EXHIBIT 4(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE STATE POLICE CHIEF DATED 06.04.2024
EXHIBIT 4(B) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE SHOLAYAR POLICE STATION DATED 06.04.2024
EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT DATED 24.04.2024
EXHIBIT P5(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE 2ND RESPONDENT OFFICE DATED 24.04.2024
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT DATED 27.04.2024
EXHIBIT P6(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE 1ST RESPONDENT OFFICE DATED WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
27.04.2024 RESPONDENT EXHIBITS
EXHIBIT R4 (A) THE PHOTOGRAPH OF THE TEMPLE IN THE DISPUTED TRIBAL LAND HAVING TEMPLE WORSHIPPED BY TRIBES
EXHIBIT R4(B) THE TRUE COPY OF THE TAX RECEIPT DATED 15.02.2023 ISSUED BY SHOLAYUR VILLAGE FOR PROPERTY COVERED IN SY NO 1784/1
EXHIBIT R4(C) THE TRUE COPY OF THE COMPLAINT DATED 08.04.2024 LODGED BY THE TRIBES AGAINST THE PETITIONER TO DIRECTOR GENERAL OF POLICE
EXHIBIT R4(D) THE TRUE COPY OF THE COMPLAINT DATED 31.05.2024 AGAINST THE PETITIONER AND HIS AGENTS TO THE DIRECTOR GENERAL OF POLICE
EXHIBIT R4(E) THE TRUE COPY OF THE INTERIM ORDER
WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 17213/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED BEARING DOCUMENT NO: 1425/1/2019 OF AGALY SRO DATED 05.12.2019
EXHIBIT P1(A) THE TRUE COPY OF THE SALE DEED BEARING DOCUMENT NO: 1426/1/2019 OF AGALY SRO DATED 05.12.2019
EXHIBIT P2 THE PHOTOGRAPH OF THE BUILDING DATED 24.09.2022 AND 05.04.2024
EXHIBIT P3 THE TRUE COPY OF THE FORM 10 APPLICATION BEARING NO: 491/2024 DATED NIL
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE K MOHANAN TO STATE POLICE CHIEF DATED NIL
EXHIBIT P4(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE STATE POLICE CHIEF DATED 06.04.2024
EXHIBIT P4(B) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE SHOLAYAR POLICE STATION DATED 06.04.2024
EXHIBIT P5 . THE TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT DATED 24.04.2024
EXHIBIT P5(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE 2ND RESPONDENT OFFICE DATED 24.04.2024
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT DATED WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
27.04.2024
EXHIBIT P6(A) THE TRUE COPY OF THE RECEIPT ISSUED FROM THE 1ST RESPONDENT OFFICE DATED 27.04.2024
RESPONDENT EXHIBITS
EXHIBIT R4(A) THE PHOTOGRAPH OF THE TEMPLE IN THE DISPUTED TRIBAL LAND HAVING TEMPLE WORSHIPPED BY TRIBES
EXHIBIT R4(B) THE TRUE COPY OF THE TAX RECEIPT DATED 15.02.2023 ISSUED BY SHOLAYUR VILLAGE FOR PROPERTY COVERED IN SY NO 1784/1
EXHIBIT R4(C) THE TRUE COPY OF THE COMPLAINT DATED 08.04.2024 LODGED BY THE TRIBES AGAINST THE PETITIONER TO DIRECTOR GENERAL OF POLICE
EXHIBIT R4(D) THE TRUE COPY OF THE COMPLAINT DATED 31.05.2024 AGAINST THE PETITIONER AND HIS AGENTS TO THE DIRECTOR GENERAL OF POLICE
EXHIBIT R4(E) THE TRUE COPY OF THE INTERIM ORDER
WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 20239/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT DATED 15.02.2023 ISSUED BY SHOLAYUR VILLAGE FOR PROPERTY COVERED IN SY NO 1784/1
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 08.04.2024 LODGED BY THE PETITIONERS TO RESPONDENT NO 1 TO 3
EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 31.05.2024 TO THE RESPONDENT NO 1 TO 3 WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
APPENDIX OF WP(C) 42445/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITLE DEED NO.1494/67 DATED 26.4.1967 IN THE NAME OF 1ST PETITIONER ON THE FILE OF THE MANNARKKAD SUB-REGISTRAR OFFICE
EXHIBIT P2 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF THE SECOND PETITIONER BY 1ST PETITIONER DATED 27.10.2022
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) 4848/2023 DATED 27/6/2023 OF THE HON'BLE HIGH COURT OF KERALA
EXHIBIT P4 TRUE COPY OF THE INTIMATION ISSUED TO THE 2ND PETITIONER BY THE TAHAZILDAR (LR), TRIBAL TALUK OFFICE, PATTAMBI
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY 1ST PETITIONER BEFORE THE STATION HOUSE OFFICER, SHOLAYUR POLICE STATION DATED 18/11/2023
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, AGALI DATED 5/12/2023
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 6.12.2023 SUBMITTED BY 1ST PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT NO.A1-5695/23 (2) DATED 13/12/2023
EXHIBIT P9 TRUE COPY OF THE ORDER DATED WP(C)Nos.42445/23, 2642/24, 37052/23, 41839/23, 17207/24, 17213/24 & 20239/24
20.12.2023 IN I.A. NO.1429/2023 IN O.S. NO.267/2023 OF THE COURT OF THE MUNSIFF-MAGISTRATE, MANNARKKAD
EXHIBIT P10 TRUE COPY OF THE COMPLAINT TO THE DISTRICT POLICE CHIEF, PALAKKAD AND D.G.P., KERALA DATE MISTAKENLY SHOWN AS 25.2.25 ALONG WITH THE DETAILS OF ANNEXED DOCUMENTS
RESPONDENT EXHIBITS
EXHIBIT R9(A) THE TRUE COPY OF THE ORDER DATED 31.05.2011 IN TLA CASE 869/1987 OF RDO OTTAPPALAM
EXHIBIT R9(B) THE TRUE COPY OF THE INTERIM ORDER DATED 12/12/2023 IN WPC NO 41839 OF
EXHIBIT R9(C) THE TRUE COPY OF THE REPRESENTATION DATED 20.11.2023 BEFORE THE TAHSILDAR ATTAPPADY TRIBAL TALUK
EXHIBIT R9(D) THE TRUE COPY OF THE COMPLAINT DATED 13.01.2024 TO THE DIRECTOR GENERAL OF POLICE
EXHIBIT R9(E) THE TRUE COPY OF THE ORDER DATED
EXHIBIT R9(F) THE TRUE COPY PROPERTY DETAILS AS PER RECEIPT SEARCH LIST OF VILLAGE OFFICER SHOLAYUR
EXHIBIT R9(G) THE TRUE COPY OF THE REPORT DATED 21.12.2023 FILED BY REPORT FILED BY THE TAHASILDAR TRIBAL TALUK ATTAPPADY TO SUB COLLECTOR OTTAPPALAM
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