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A.M.Abdul Razack vs The Kerala State Electricity Board Ltd
2025 Latest Caselaw 5745 Ker

Citation : 2025 Latest Caselaw 5745 Ker
Judgement Date : 19 August, 2025

Kerala High Court

A.M.Abdul Razack vs The Kerala State Electricity Board Ltd on 19 August, 2025

Author: Anil K.Narendran
Bench: Anil K.Narendran
                                              1
W.P.(C)Nos.22222 of 2020, 1998 of 2021
and Crl.M.C No.4426 of 2021                                  2025:KER:62173

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                             &

                    THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

      TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947

                                   WP(C) NO. 22222 OF 2020


PETITIONERS:

                 A.M.ABDUL RAZACK,MUBARACK MANZIL, VANDIPERIYAR,
                  IDUKKI DISTRICT-685533.

                 BY ADVS.
                 SRI.RILGIN V.GEORGE
                 SHRI.P.DEEPAK (SR.)

RESPONDENTS:

       1         STATE OF KERALA
                 REPRESENTED BY THE CHIEF SECRETARY,
                 GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

       2         THE DISTRICT COLLECTOR,
                 IDUKKI, P.O. PAINAVU-685001.

       3         THE TAHSILDAR,
                 PEERUMEDE TALUK, P.O.PEERUMEDE-685531.

       4         THE VILLAGE OFFICER,
                 MANJUMALA VILLAGE, VANDIPERIYAR-685533.

       5         THE TAHSILDAR (L.A.),
                 PEERUMEDE TALUK, P.O.PEERUMEDE-685531.

                 BY ADVS.
                 SRI.JAFFAR KHAN, SR.G.P
                 SRI.RANJITH THAMPAN, CGC


           THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 05.08.2025 ALONG

WITH WPC 1998 OF 2021 AND CRL.MC No.4426 of 2021, THE COURT ON 19.08.2025

PASSED THE FOLLOWING:
                                             2
W.P.(C)Nos.22222 of 2020, 1998 of 2021
and Crl.M.C No.4426 of 2021                                2025:KER:62173

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                 THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                            &

                 THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

      TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947

                                  WP(C) NO. 1998 OF 2021

PETITIONER:

                 A.M.ABDUL RAZACK,CONSUMER NO.17431, MUBARACK MANZIL,
                 VANDIPERIYAR, IDUKKI DISTRICT-685 533.

                 BY ADVS.
                 SRI.P.MURALEEDHARAN (IRIMPANAM),SRI.P.SREEKUMAR
                 (THOTTAKKATTUKARA),SMT.K.V.RAJESWARI
                 SRI.BINOY VASUDEVAN,SRI.SREEJITH SREENATH
                 SMT.RINCY KHADER


RESPONDENTS:

       1         THE KERALA STATE ELECTRICITY BOARD LTD
                 REPRESENTED BY ITS SECRETARY, PATTOM,
                 THIRUVANANTHAPURAM-695 001.

       2         THE ASSISTANT ENGINEER
                 KERALA STATE ELECTRICITY BOARD LTD., VANDIPERIYAR,
                 IDUKKI DISTRICT-685 533.

       3         THE TAHSILDAR
                 TALUK OFFICE, VANDIPERIYAR - IDUKKI DISTRICT-685 531.

                 BY ADV JAFFAR KHAN, SR.G.P
                 SRI.A.ARUNKUMAR, SC, KSEB
         THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 05.08.2025
ALONG WITH WPC No.22222 of 2020 and Crl.M.C No.4426 of 2021, THE
COURT ON 19.08.2025 PASSED THE FOLLOWING:
                                                3
W.P.(C)Nos.22222 of 2020, 1998 of 2021
and Crl.M.C No.4426 of 2021                                       2025:KER:62173

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                 THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                               &

                 THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

      TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947

                                   CRL.MC NO. 4426 OF 2021

           (CC    NO.79       OF   2021   ON   THE   FILE   OF   THE   CHIEF   JUDICIAL

MAGISTRATE,THODUPUZHA)


PETITIONER/ACCUSED:

                 A.M.ABDUL RAZACK,
                 MUBARACK MANZIL, VANDIPERIYAR, IDUKKI DISTRICT-685533.


                 BY ADVS.
                 SRI.RILGIN V.GEORGE
                 SHRI.P.DEEPAK (SR.)




RESPONDENTS:

       1         STATE OF KERALA,
                 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNAKULAM, KOCHI-682031.

       2         THE SUB INSPECTOR OF POLICE,
                 VANDIPERIYAR POLICE STATION, IDUKKI DISTRICT-685533.

        SRI.JAFFAR KHAN. SR.G.P
         THIS CRIMINAL MISC. CASE WAS FINALLY HEARD ON 05.08.2025
ALONG WITH WPC NOS.22222 OF 2020 AND 1998 OF 2021, THE COURT ON
19.08.2025 PASSED THE FOLLOWING:
                                          4
W.P.(C)Nos.22222 of 2020, 1998 of 2021
and Crl.M.C No.4426 of 2021                            2025:KER:62173


                               COMMON JUDGMENT/ORDER
Muralee Krishna, J.

The petitioner in these writ petitions and Crl. M.C. is one and

the same person. The issues to be decided in all three matters are

interconnected. Hence, we heard all these matters together and

are being disposed of by this common judgment/order.

2. W.P.(C)No.22222 of 2020 is filed by the petitioner under

Article 226 of the Constitution of India seeking the following

reliefs:

"a) issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading up to Ext.P16 and quashing Exts P12 and P14 to P16;

b) issue a writ of mandamus or other appropriate writs directions or orders restraining the respondents not to evict the petitioner from the property covered by Exts.P1 and P2 without considering his claim in respect of the disputed property;

c) Issue a writ of mandamus or other appropriate writs, direction or orders directing the 5th respondent to reconsider the claim of the petitioner with specific reference to the report of the 4th respondent dated 21.12.2015;

d) issue a writ of mandamus or other appropriate writs, directions or orders restraining the respondents from

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

interfering with the peaceful possession and enjoyment of 75 cents of land in Sy.No.182 (Originally in Sy No.441) of the Manjumala Village and also doing cultivation in the said item of land by the petitioner"

3. Going by the averments in W.P.(C)No.22222 of 2020, the

petitioner purchased 75 cents of property situated in survey

No.144 of Manjumala Village covered in Ext.P1 patta dated

29.01.1979 issued in L.A. No. 363/78, from the Pattadar Sri.

Mohammed Puthenpurakkal by virtue of Ext.P2 sale deed No.1220

of 1981 of SRO Peerumade dated 22.10.1981. Alleging that Ext.P1

patta issued in favour of the predecessor of the petitioner and also

the pattas issued in favour of some other persons cover excess

extent of land than assigned, the pattas were cancelled by the

Special Tahsildar, Land Assignment, Peerumade, as per

proceedings dated 28.06.2009. The petitioner states that after

several rounds of litigations, the other occupants were successful

in obtaining an order from the 2 nd respondent District Collector,

Idukki in compliance with the direction of this Court directing the

Tahsildar, Peerumade, to restore the cancelled pattas of the land

already possessed by the persons like the petitioner, after

incorporating exact areas of cancelled pattas in the assignable list

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

and assign thandaper in accordance with the provisions of the

Kerala Land Assignment Rules, 1964. Despite various

representations made by the petitioner to the concerned

authorities, the same benefits were not granted to the petitioner,

though the land of the petitioner lies in the very same survey

number and lying contiguous. Therefore, the petitioner along with

others, filed W.P.(C)No.3401 of 2017 before this Court, and the

same is pending consideration. While the matters stood thus, the

5th respondent Tahsildar (LA), Peerumade, issued Ext.P12 show

cause notice dated 22.09.2020 to the petitioner under Section 12

of the Kerala Land Conservancy Act, 1957, stating that if the

petitioner wishes to show cause against the said notice, he has to

appear at 11. 00 a.m. on 30.09.2020 and submit his explanation.

On receipt of the notice, the petitioner submitted Ext.P13

communication dated 30.09.2020 requesting one month's time,

since he has to obtain certain documents relating to the dispute,

under the Right to Information Act, 2005, and he has to approach

this Court relating to the very same property. However, the 5 th

respondent adjourned the matter to 05.10.2020 as per Ext.P14

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

proceedings dated 28.09.2020, directing the petitioner to appear

before him at 11.00 a.m. Pending consideration of Ext.P13, the 5 th

respondent issued Ext.P15 order dated 08.10.2020 wherein it was

specifically stated that the petitioner did not appear in the hearing

and failed to submit the necessary documents to prove his case

and hence the petitioner was requested to vacate the premises

within 48 hours on receipt of 'C' Form notice, or else proceedings

under Section 7 of the Kerala Land Conservancy Act will be

initiated against the petitioner. Subsequently, after considering

Ext.P13, the 5th respondent issued Ext.P16 proceedings dated

09.10.2020, wherein it is stated that the documents sought for by

the petitioner are not necessary for the hearing conducted by the

5th respondent and the notice accepted by the petitioner on

28.09.2020 and sufficient time was granted to him and there is

no necessity to consider the application dated 30.09.2020

submitted by him. The petitioner then approached this Court by

filing W.P.(C)No.21714 of 2020, challenging Exts.P12 and P14 to

P16 orders. On advice, the petitioner withdrew that writ petition

with liberty to file a fresh writ petition. Then the 5 th respondent

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

came with Police force and destroyed the entire cardamom

cultivation and nutmeg cultivation in the property. Then the

petitioner approached this Court with the instant writ petition.

4. The 3rd respondent in W.P.(C)No.22222 of 2020 filed a

counter affidavit dated 27.11.2020 opposing the reliefs sought in

the writ petition and producing therewith Exts.R3(a) and R3(b)

documents. Paragraphs 3, 4 and 10 to 13 of that counter affidavit

read thus:

"3. Recently, petitioner encroached Government land having an extent of 10.11.73 covered in Sy. No. 182 of Manjumala Village, Peerumade Taluk. After taking note of the encroachment of the Government land, the Village Officer, Manjumala submitted a detailed report before the Tahsildar, Peerumade. As per the report of the Village Officer, the petitioner encroached an extent of 10.11.73 hectares of grass land and planted cardamom. Consequently, the Village Officer submitted A Form report, sketch and mahazar of the encroached land. Immediately, the Tahsildar (LR), Peerumade registered LC case against the petitioner and steps are taken for evicting the petitioner. However, the property covered in Survey No. 182 declared by the Government Reserve Forest. On 30.03.2019, the Range Forest Officer issued a letter to the Village Officer, Manjumala, in which it has noted encroachment of the

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

forest land. A true copy of the letter dated 30.03.2019 is produced herewith and may be marked as Exhibit R3(a).

4. Moreover, B Form Notice as per the provisions of the Kerala Land Conservancy Act was served to the petitioner twice. But he did not appear before the Tahsildar for hearing and also did not produce any document to prove the ownership of the property in question. After providing all the opportunity envisaged in the Land Conservancy Act to substantiate the claim of the petitioner, proceedings were issued against the petitioner to evict him from the encroached Government land within a time frame of 48 hours. The aforesaid Form C Notice is produced by the petitioner as Exhibit P15(a).

xxx xxx xxx xxx

10. As a matter of fact, averments are made by the petitioner in the writ petition in such a way to mislead this Hon'ble Court by connecting the disputed land covered in Sy. No.182 with the 75 cents of Patta land involved in LA Case No. 363/78. These two lands are totally different. The properties covered by Exhibit P1 and P2 and the encroached the land are situated two different area and no proximity with the encroached Government land. In order to prevent the authority to evict the petitioner, the petitioner is willfully connected some old cases of patta cancellation of Manjumala Village with the encroached land. The same was done by the petitioner to mislead this Hon'ble Court. The Exhibit P1 Patta is clearly mentioned Survey No. 441 and

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

the same is found place in Exhibit P2 Sale Deed as well. Hence, the attempt of the petitioner to connect the property covered by Exhibit P1 and P2 to the encroached land covered in Sy. No. 182 is illegal.

11. Sri.Mathew Jacob, Alamcheri, the holder of Patta No. LA. 69/84, which was cancelled earlier submitted an application before the District Collector, Idukki to assign Thandaper to him in accordance with Court Order in W.P(C) No. 8452 of 2012. The land involved in the LA Patta No. 69/84 was comprised in Sy. No. 182. But the Tahsildar, Peerumade refused to assign Thandaper to him because he doesn't possess the patta land and the patta file could'nt be found out too. Then he filed W.P(C) No.25219 of 2013 before the Hon'ble High Court and attained a Court Order which was presented as Exhibit P7(2). The Tahsildar was not willing to assign thandaper to him due to lack of possession of Patta land and unavailability of Patta file. Then he filed contempt of Court Case No. 365/2014 against the Tahsildar, Peerumade. At last, Tahsildar, Peerumade assigned TP A/c No. 3388 to Sri. Mathew Jacob Alancheri and the Tahsildar specifically noted on the TP Register about the non-possession of the land and prohibition of land transfer. A true copy of the TP Register is produced herewith and may be marked as Exhibit R3(b).

12. But Sri. Mathew Jacob Alancheri transferred this land to petitioner and his family members as per the documents 262/16, 173/16, 174/16,175/16,176/16,177/16 of SRO, Peerumade. On 08.07.2016, the petitioner Sri. A.M.Abdul

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

Razack and other five members of his family submitted an application before the Tahsildar, Peerumade for the Jama transfer of that patta land. On enquiry, it was known that, at that time Sri. Mathew Jacob was a labourer of the petitioner. Hence, it is very clear that Mathew Alancheri was the binami of the petitioner. Now the land is in possession and enjoyment of the petitioner.

13. The petitioner encroached a vast area of Government Land in Sy. No. 182 and he tries to make authority over the encroached land by attaining Court Order. Similar in the case of Mathew Jacob Alancheri the petitioner attained a Patta of No. 363/78 from Sri. P.H.Muhammed, Puthanpurackal and filed the W.P(C) No. 3401/2017 to establish authority over the Government land in Sy. No.

182. The Exhibits P8, P9, P10, P11 are the documents related to the matters in Case No. 3401/17 and the case is under consideration of the Hon'ble Court. He linked these documents cunningly to the LC Case No. 4/20 registered by Tahsildar, Peerumade against him for the new encroachment. Hence, there is no merit in the writ petition and the same is liable to be dismissed".

5. W.P.(C) No.1998 of 2021 is filed by the petitioner under

Article 226 of the Constitution of India seeking the following

reliefs:

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

"a) issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading upto Exhibit P4 and quash the same.

b) issue a writ of mandamus or other appropriate writs, directions or orders directing the 2nd respondent to consider Exhibit P 5 objections to Exhibit P 4 and take a decision within a specified time by this Hon'ble Court and until such time restrain the 2nd respondent from disconnecting the electricity connection to the building bearing No.VP XII/611 of the Vandiperiyar Grama Panchayat of the petitioner.

c) Issue a writ of mandamus or other appropriate writ directions or order to declare that the respondents 1 and 2 are not bound to comply with the request of the 3 rd respondent in disconnecting the electricity connection to the building bearing No.VP XII/611 of the petitioner situated in Sy.No.182 of the Manjumala Village"

6. Going by the averments in W.P.(C)No. 1998 of 2021 the

grievance of the petitioner in this writ petition is that the land tax

in respect of the property covered in Ext.P2 sale deed produced in

W.P.(C)No.22222 of 2020 was refused to be accepted on the

ground that the same lies in survey No.182 of Manjumala village

and whereas the property covered in Ext. P1 and P2 documents is

in survey No.441 of Peerumade village. According to the petitioner,

the 2nd respondent in W.P.(C)No.1998 of 2021 namely, the

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

Assistant Engineer, Kerala State Electricity Board Ltd.,

Vandiperiyar issued Ext.P4 show cause notice dated 22.10.2020

produced in this writ petition, on the instructions of the 3 rd

respondent Tahsildar, directing the petitioner to show cause for

not disconnecting the electricity connection granted to the shed

constructed by him in the Government land in survey No.182. To

Ext.P4 show cause notice, the petitioner submitted Ext.P5

explanation dated 26.10.2020. Thereafter the petitioner filed

W.P.(C)No.1998 of 2021.

7. The 3rd respondent Tahsildar, Vandiperiyar, filed

statements dated 17.02.2021 and 13.04.2021 opposing the reliefs

sought in the writ petition. The petitioner filed a reply affidavit

dated 30.06.2021 to the statements filed by the 3 rd respondent.

8. The Crl.M.C is filed by the petitioner under Section 482

of the Code of Criminal Procedure, 1973, ('Cr.P.C', for short) read

with Rule 45-A of the Rules of the High Court of Kerala, 1971, to

quash Annexure A1 final report dated 31.12.2020 in Crime No.

892 of 2020 of Vandiperiyar Police Station and Annexure A3

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

complaint dated 23.10.2020 filed by the Tahsildar (LR),

Peerumade. In the Crl.M.C. the petitioner pleaded that the crime

is registered on the basis of Annexure A3 complaint filed by the

Tahsildar Peerumade, when W.P.(C) No.22222 of 2020 is pending

before this Court, challenging the order passed by the Tahsildar.

As far as ownership of the property is concerned, the petitioner

raised the very same pleadings as those made in

W.P.(C)No.22222 of 2020. Contending that the petitioner did not

encroach any Government land and the prosecution initiated

against him will not stand in view of the fact that the entire

proceedings under the Kerala Land Conservancy Act and Rules

made thereunder are under challenge in W.P.(C)No.22222 of 2020

pending consideration of this Court, the petitioner sought relief

under Section 482 of Cr.P.C. For convenience of reference, the

parties to these writ petitions are hereafter referred to in this

judgment as they are arrayed in W.P.(C)No.22222 of 2020, unless

otherwise stated.

9. Heard the learned Senior Counsel for the petitioner and

the learned Senior Government Pleader. For convenience, we refer

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

the parties and documents as they are referred to in

W.P.(C)No.22222 of 2020, unless otherwise stated.

10. The learned Senior Counsel for the petitioner submitted

that the notice pertaining to the hearing proposed to be conducted

on 30.09.2020 was issued to the petitioner by the 5th respondent,

Tahsildar, Peerumade, on 22.09.2020. The hearing was

subsequently adjourned to 05.10.2020, and that notice was issued

on 28.09.2020 as evident from Ext.P14. The petitioner then

submitted Ext.P13 request dated 30.09.2020 seeking an

adjournment for one month, since he had to collect some

documents under the Right to Information Act. However, the 5th

respondent issued Ext.P15 order dated 08.10.2020 directing the

petitioner to vacate the premises within 48 hours. He

subsequently passed Ext.P16 order dated 09.10.2020 rejecting

Ext.P13 request for adjournment made by the petitioner.

Therefore, natural justice is denied to the petitioner.

11. On the other hand, the learned Senior Government

Pleader would submit that the claim of the petitioner by virtue of

Exts.P1 and P2 documents is in respect of the property situated in

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

survey No.441 of Peerumade Village. But the proceedings initiated

and orders passed by the 5th respondent are in respect of survey

No.182 of Manjumala Village. Hence the petitioner has not made

out sufficient ground to interfere with Ext.P15 order passed by the

5th respondent in W.P.(C) No.22222 of 2020 or Ext.P4 notice issued

by the 2nd respondent in W.P.(C)No.1998 of 2021. Similarly, there

is no sufficient ground to interfere with the criminal case

registered by the Police on the complaint of the 5th respondent

regarding encroachment on the Government land.

12. In the 1st paragraph of statement of facts in W.P.(C)

No.22222 of 2020, the petitioner pleaded that his property is

situated in survey No.144 of Manjumala village. In the synopsis of

that writ petition, the petitioner pleaded it as in survey No.182 of

Manjumala village. In some other parts of the pleadings, as well

as in the relief portion, the petitioner states that the property is in

survey No.182, which was originally in Survey No.441. However,

Exts.P1 and P2 documents would show that the 75 cents of

property claimed by the petitioner is situated in survey No.441 of

Peerumade village. From the counter affidavit filed by the 3 rd

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

respondent, we notice that the proceedings were initiated under

the provisions of the Kerala Land Conservancy Act against the

petitioner for eviction from survey No.182 of Manjumala village

which according to the respondent, is Government land. It is in

furtherance of the eviction proceedings initiated, Ext.P4 notice

produced in W.P.(C)No.1998 of 2021 was issued by the 2nd

respondent, on the request of the 3rd respondent therein directing

the petitioner to show cause against disconnection of the

electricity connection to the shed constructed in the Government

land situated in survey No.182. The prosecution under challenge

in Crl.M.C.No.4426 of 2021 is also taken in furtherance of the land

conservancy proceedings initiated by the 5th respondent, Tahsildar.

It is after conducting an enquiry in pursuance of Ext.P12 notice,

Ext.P15 order was passed by the Tahsildar. Though the petitioner

had submitted Ext.P13 request to adjourn the proceedings, he

cannot take it as granted and keep himself away from the

proceedings. In such circumstances, Ext.P15 order cannot be said

as passed in violation of natural justice.

13. Having considered the pleadings and materials on record

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

and the submissions made at the Bar, we find no ground to

interfere with any of the legal proceedings initiated by the

authorities concerned, to evict the petitioner from the encroached

land and the consequential steps taken in accordance with law.

Therefore, the writ petitions and the Clr.M.C are liable to be

dismissed.

In the result, W.P.(C)No.22222 of 2020 and W.P.(C)No.1998

of 2021 and Crl.M.C. No.4426 of 2021 are dismissed.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

sks                                      MURALEE KRISHNA S., JUDGE

W.P.(C)Nos.22222 of 2020, 1998 of 2021
and Crl.M.C No.4426 of 2021                                  2025:KER:62173


                              APPENDIX OF WP(C) 22222/2020

PETITIONER EXHIBITS

EXHIBIT P1                        COPY OF PATTA NO.LA 363/78 DATED 29.1.1979
                                  ISSUED BY THE SPECIAL TAHSILDAR, LAND
                                  ASSIGNMENT, PEERUMEDE.
EXHIBIT P2                        COPY OF DOCUMENT NO.1220 OF 1981 OF THE SUB
                                  REGISTRY OFFICE, PEERUMED.
EXHIBIT P3                        COPY OF JUDGMENT DATED 2ND SEPTEMBER, 2011
                                  IN W.P.(C) NO.10229 OF 2007.
EXHIBIT P4                        COPY OF PROCEEDINGS DATED 6.3.2012 ISSUED BY
                                  THE 2ND RESPONDENT.
EXHIBIT P5                        COPY OF JUDGMENT DATED 3.4.2012 IN WPC
                                  NO.8452 OF 2012.
EXHIBIT P6                        COPY OF ORDER DATED 16.1.2013 ISSUED BY THE
                                  2ND RESPONDENT.
EXHIBIT P7                        COPY OF JUDGMENT DATED 22ND OCTOBER, 2013 IN
                                  W.P.(C) NO.25219 OF 2013.
EXHIBIT P8                        COPY OF COMMUNICATION DATED 5.11.2015 ISSUED
                                  TO THE PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT P9                        COPY OF COMMUNICATION DATED 21.12.15 OF THE
                                  4TH RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P10                       COPY OF COMMUNICATION DATED 15.12.2015 ISSUED
                                  BY THE 3RD RESPONDENT.
EXHIBIT P11                       COPY OF REPRESENTATION DATED 26.10.2016

SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 COPY OF NOTICE DATED 22.9.2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P13 COPY OF COMMUNICATION DATED 30.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P14 COPY OF COMMUNICATION DATED 28.9.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P15 COPY OF PROCEEDINGS DATED 8.10.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P15(A) COPY OF FORM "C" ENCLOSED ALONG WITH EXT.P15. EXHIBIT P16 COPY OF PROCEEDINGS DATED 9.10.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P17 COPY OF THE SALE DEED NO.173 OF 2016 DATED 20.1.2016 EXECUTED BY SRI.MATHEW JACOB IN FAVOUR OF A.M ASHRAF

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

EXHIBIT P18 COPY OF THE SALE DEED NO.174 OF 2016 DATED 20.1.2016 EXECUTED BY SRI.MATHEW JACOB IN FAVOUR OF A.M ABDUL JALAL

EXHIBIT P19 COPY OF THE SALE DEED NO.175 OF 2016 DATED 20.1.2016 EXECUTED BY SRI.MATHEW JACOB IN FAVOUR OF A.M ABDUL MANAF

EXHIBIT P20 COPY OF THE SALE DEED NO.176 OF 2016 DATED 20.1.2016 EXECUTED BY SRI.MATHEW JACOB IN FAVOUR OF SIDDIQUE AKBAR

EXHIBIT P21 COPY OF THE SALE DEED NO.177 OF 2016 DATED 20.1.2016 EXECUTED BY SRI.MATHEW JACOB IN FAVOUR OF RIYAS A

EXHIBIT P22 COPY OF THE SALE DEED NO.262 OF 2016 DATED 29.1.2016 EXECUTED BY SRI.MATHEW JACOB IN FAVOUR OF THE PETITIONER

EXHIBIT P23 COPY THE PATTA LA NO.69 OF 1984 OBTAINED BY MATHEW JACOB IN RESPECT OF LAND IN SURVEY No.182 OF THE MANJUMALA VILLAGE IN PEERUMEDE TALUK

EXHIBIT P24 COPY OF THE SALE DEED NO.654 OF 2020 DATED 11.3.2020 EXECUTED BY SMT.ANNIE AMMA JOSEPH IN FAVOUR OF A.M SIDDIQUE AKBAR

EXHIBIT P25 COPY OF THE SALE DEED NO.655 OF 2020 DATED 11.3.2020 EXECUTED BY SMT.ANNIE AMMA JOSEPH IN FAVOUR OF A.M ASHRAF

EXHIBIT P26 COPY OF THE SALE DEED NO.656 OF 2020 DATED 11.3.2020 EXECUTED BY SMT.ANNIE AMMA JOSEPH IN FAVOUR OF THE PETITIONER

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

EXHIBIT P27 COPY OF THE SALE DEED NO.657 OF 2020 DATED 11.3.2020 EXECUTED BY SMT.ANNIE AMMA JOSEPH IN FAVOUR OF A.M ABDUL JALAL

EXHIBIT P28 COPY OF THE SALE DEED NO.658 OF 2020 DATED 11.3.2020 EXECUTED BY SMT.ANNIE AMMA JOSEPH IN FAVOUR OF A.M ABDUL MANAF

EXHIBIT P29 COPY OF COMMUNICATION DATED 17.12.2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER

EXHIBIT P30 COPY OF PROCEEDINGS DATED 18.11.2020 OF THE DEPUTY RANGE OFFICER, ERUMELY

RESPONDENT'S EXHIBITS

EXHIBIT R3(a) TRUE COPY OF THE LETTER DATED 30.03.2019

EXHIBIT R3(b) TRUE COPY OF THE TP REGISTER

ANNEXURE R3(a) TRUE COPY OF THE TP ACCOUNT

W.P.(C)Nos.22222 of 2020, 1998 of 2021 and Crl.M.C No.4426 of 2021 2025:KER:62173

APPENDIX OF WP(C) 1998/2021

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF SALE DEED DATED 22.10.1981 OF THE SUB REGISTRY OFFICE, PEERMADE EXECUTED IN FAVOUR OF THE PETITIONER BY SRI.P.H.MUHAMMED ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P2 COPY OF PATTA NO.LA 363/78/PMD. DATED 29.1.1979 ISSUED TO SRI.P.H.MUHAMMED.

EXHIBIT P3 COPY OF OWNERSHIP CERTIFICAT DATED 30.10.2014 ISSUED TO THE PETITIONER BY THE SECRETARY OF THE VANDIPERIYAR GRAMA PANCHAYAT.

EXHIBIT P4                        COPY OF SHOW CAUSE NOTICE DATED 22.10.2020
                                  ISSUED TO THE PETITIONER BY THE 2ND
                                  RESPONDENT    ALONG    WITH    ITS    ENGLISH
                                  TRANSLATION.
EXHIBIT P5                        COPY   OF   EXPLANATION    DATED   26.10.2020
                                  SUBMITTED BY THE PETITIONER TO THE 2ND
                                  RESPONDENT    ALONG    WITH    ITS    ENGLISH
                                  TRANSLATION.

W.P.(C)Nos.22222 of 2020, 1998 of 2021
and Crl.M.C No.4426 of 2021                                  2025:KER:62173




PETITIONER ANNEXURES

Annexure A1                       CERTIFIED COPY OF FINAL REPORT/CHARGE SHEET

NO.937/20 DATED 31/12/2020 FILED BEFORE THE CJM COURT, THODUPUZHA.

Annexure A2 CERTIFIED COPY OF FIR CRIME NO.892/2020 DATED 02/12/2020 OF THE VANDIPERIYAR POLICE STATION.

Annexure A3 CERTIFIED COPY OF COMPLAINT DATED 23/10/2020 FILED BY THE TAHSILDAR (LR) PEERUMED.

Annexure A4 COPY OF THE SALE DEED NO. 1220/1981 DATED 22/10/1981 IN FAVOUR OF THE PETITIONER.

Annexure A5 COPY OF THE LETTER DATED 21/12/2015 ISSUED BY VILLAGE OFFICER TO TAHSILDAR, PEERUMED. Annexure A6 COPY OF THE NOTICE DATED 22/9/2020 ISSUED BY TAHSILDARS, PEERUMEDU UNDER THE KERALA LAND CONSERVANCY ACT 1958.

Annexure A7 COPY OF ORDER NO. C-30540/17/LC-4/20 DATED 08/10/2020 ISSUED BY TAHSILDAR PEERUMED.

 
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