Kerala High Court
N. Venu vs State Of Kerala on 25 February, 2025
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
1
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4555 OF 2022
PETITIONER:
SHIBU VARGHESE,AGED 45 YEARS
S/O P I VARGHESE, THEVOTUVILAPUTHENVEETTIL,
NELLIMUKAL, NELLIMUKAL P O, ADOOR, PIN-691551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
4 DISTRICT COLLECTOR
PATHANAMTHITTA, CIVIL STATION,
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2
2025:KER:19866
PATHANAMTHITTA, PIN-689645.
5 DISTRICT COLLECTOR, PALAKKAD,
CIVIL STATION, PALAKAKD, PIN-678001.
SUB COLLECTOR
6 OTTAPALAM, RDO OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN-679101.
7 THE TAHSILDAR
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678582.
8 VILLAGE OFFICER
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK.
PALAKKAD DISTRICT, PIN-678581.
9 REVENUE DIVISIONAL OFFICER
RDO OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT, PIN-691523.
0 TAHSILDAR
TALUK OFFICE, ADOOR,
PATHANAMTHITA DISTRICT, PIN-691523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD,
ADOOR TALUK, PIN-691523.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
OTHER PRESENT:
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4556/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
3
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4556 OF 2022
PETITIONER:
R SASIDHARAN PILLAI, AGED 66 YEARS
S/O RAGHAVAN PILLAI, SALIMA VILLA,
MUNDAPALLY, PERINGANAD P O, ADOOR, PIN-691551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
4
2025:KER:19866
4 DISTRICT COLLECTOR
PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA, PIN-689645.
5 DISTRICT COLLECTOR
PALAKKAD, CIVIL STATION, PALAKKAD, PIN-678001.
6 SUB COLLECTOR
OTTAPALAM, RDO OFFICE, OTTAPALAM,
PALAKAKD DISTRICT, PIN-679101.
7 TAHSILDAR
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678582.
8 VILLAGE OFFICER
VILLAGE OFFICER, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DISTRICT, PIN-678581.
9 REVENUE DIVISIONAL OFFICER, RDO OFFICE,
ADOOR, PATHANAMTHITTA DISTRICT, PIN-691523.
0 TAHSILDAR, TALUK OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT, PIN-691523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD,
ADOOR TALUK, PIN-691523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
5
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4564 OF 2022
PETITIONER:
NSS KARAYOGAM NO.1300
MUNDAPALLY, PERINGANAD P.O., ADOOR,
REPRESENTED BY ITS PRESIDENT K.R VENUGOPAL,
AGED 64 YEARS, S/O.RAGHAVAN NAIR, PRASANTHI,
MUNDAPALLY, PERINANAD P.O., ADOOR,PIN-691 551
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
3 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
6
2025:KER:19866
THIRUVANANTHAPURAM,PIN-695 001
4 DISTRICT COLLECTOR,
PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA,PIN-689 645
5 DISTRICT COLLECTOR, PALAKKAD,
CIVIL STATION, PALAKKAD,PIN-678 001
6 SUB COLLECTOR, OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST, PIN-679 101
7 TAHSILDAR,
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678 582
8 VILLAGE OFFICER,
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DIST. PIN-678 581
9 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
11 VILLAGE OFFICER,
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN-691 523
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
7
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4581 OF 2022
PETITIONER:
V. BHARGAVAN NAIR,AGED 82 YEARS
S/O.VELAYUDHAN NAIR, MUNDACKAL PUTHENVEED,
MUNDAPALLY, PERINGANAD P.O., ADOOR, PIN - 691 551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.,
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
8
2025:KER:19866
4 DISTRICT COLLECTOR PATHANAMTHITTA
CIVIL STATION, PATHANAMTHITTA,
PIN - 689 645.
5 DISTRICT COLLECTOR PALAKKAD
CIVIL STATION, PALAKKAD, PIN - 678 001.
6 SUB COLLECTOR OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST.,
PIN - 679 101.
7 TAHSILDAR, MANNARKKAD TALUK,
MINI CIVIL STATION, MANNARKKAD, PALAKKAD DIST.,
PIN - 678 582.
8 VILLAGE OFFICER
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DIST., PIN - 678 581.
9 REVENUE DIVISIONAL OFFICER
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST.,
PIN - 691 523.
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST.,
PIN - 691 523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN - 691 523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
9
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4604 OF 2022
PETITIONER:
K.G.RAJAN, AGED 58 YEARS
S/O.M.VARGHESE, ROBIN VILLA, PERINGANAD P.O.,
ADOOR, PIN - 691 551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
10
2025:KER:19866
4 DISTRICT COLLECTOR PATHANAMTHITTA
CIVIL STATION, PATHANAMTHITTA, PIN - 689 645.
5 DISTRICT COLLECTOR PALAKKAD
CIVIL STATION, PALAKKAD, PIN - 678 001.
6 SUB COLLECTOR OTTPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST.,
PIN - 679 101.
7 TAHSILDAR, MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DIST., PIN - 678 582.
8 VILLAGE OFFICER, VILLAGE OFFICE, SHOLAYUR,
MANNARKKAD TALUK, PALAKKAD DIST., PIN - 678 581.
9 REVENUE DIVISIONAL OFFICER.
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST.,
PIN - 691 523.
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST.,
PIN - 691 523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN - 691 523
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
11
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4608 OF 2022
PETITIONERS:
1 KUNJUKUTTY, AGED 85 YEARS
S/O.ITTYCHANDI, KJUTTIYILAZHIKATHU,
PERINGANAD P.O., ADOOR, PIN - 691 551.
2 THANKAMMA, W/O.KUNJUKUTTY, KUTTIYILAZHIKATHU,
PERINGANAD P.O., ADOOR, PIN - 691 551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN 695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
12
2025:KER:19866
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
4 DISTRICT COLLECTOR PATHANAMTHITTA
CIVIL STATION, PATHANAMTHITTA,
PIN - 689 645.
5 DISTRICT COLLECTOR PALAKKAD
CIVIL STATION, PALAKKAD, PIN - 678 001.
6 SUB COLLECTOR OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST.,
PIN - 679 101.
7 TAHSILDAR, MANNARKKAD TALUK,
MINI CIVIL STATION, MANNARKKAD, PALAKKAD DIST.,
PIN - 678 582.
8 VILLAGE OFFICER, VILLAGE OFFICE,
SHOLAYUR, MANNARKKAD TALUK, PALAKKAD DIST.,
PIN - 678 581.
9 REVENUE DIVISIONAL OFFICER
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST.,
PIN - 691 523.
0 TAHSILDAR, TALUK OFFICE, ADOOR,
PATHANAMTHITTA DIST., PIN - 691 523.
11 VILLAGE OFFICER, VILLAGE OFFICE,
PERINGANAD, ADOOR TALUK, PIN - 691 523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
13
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4618 OF 2022
PETITIONER:
R. VIJAYAKUMAR, AGED 67 YEARS
S/O. P. K. RAGHAVAN PILLAI, SREEVALSAM,
CHERUPUNCHA, PERINGANAD P. O., ADOOR, PIN - 691 551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
K.VARGHESE THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
14
2025:KER:19866
4 DISTRICT COLLECTOR
PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA, PIN-689 645.
5 DISTRICT COLLECTOR, PALAKKAD
CIVIL STATION, PALAKKAD, PIN-678 001.
6 SUB COLLECTOR, OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST,
PIN-679 101.
7 TAHSILDAR
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678 582.
8 VILLAGE OFFICER
VILLAGE OFFICE, SHOLAYAR, MANNARKKAD TALUK,
PALAKKAD DIST. PIN -678 581.
9 REVENUE DIVISIONAL OFFICER
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523.
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN-691 523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
15
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4624 OF 2022
PETITIONER:
K.R.KRISHNANKUTTY, AGED 68 YEARS
S/O. N.RAGHAVAN PILLAI, PRASANTHI, PERINGANAND P.O.,
ADOOR ,PIN-691 551
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
2 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
3 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
16
2025:KER:19866
4 DISTRICT COLLECTOR,
PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA,
PIN-689 645
5 DISTRICT COLLECTOR, PALAKKAD,
CIVIL STATION, PALAKKAD,PIN-678 001
6 SUB COLLECTOR, OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST,
PIN-679 101
7 TAHSILDAR,
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678 582
8 VILLAGE OFFICER,
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DIST. PIN-678 581
9 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
11 VILLAGE OFFICER,
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN-691 523
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
17
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4630 OF 2022
PETITIONER:
N. VENU, AGED 57 YEARS
S/O. NARAYANA KURUP, AISHWARYA,
CHERUPUNCHA, PERINGANAD P. O.,
ADOOR, PIN - 691 551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
18
2025:KER:19866
4 DISTRICT COLLECTOR
PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA, PIN-689 645.
5 DISTRICT COLLECTOR, PALAKKAD
CIVIL STATION, PALAKKAD, PIN-678 001
6 SUB COLLECTOR, OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DIST,
PIN-679 101
7 TAHSILDAR
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678 582.
8 VILLAGE OFFICER
VILLAGE OFFICE, SHOLAYAR, MANNARKKAD TALUK,
PALAKKAD DIST. PIN -678 581.
9 REVENUE DIVISIONAL OFFICER
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN-691 523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
19
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4640 OF 2022
PETITIONER:
RAJAMMA.N.Y.,AGED 47 YEARS
W/O. SANU THOMAS, NEDUNAGAPALLIL,
POTHADY, PERINGANAD P.O. ADOOR 691 551.
BY ADVS. JACOB P.ALEX
JOSEPH P.ALEX,MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE , GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
4 DISTRICT COLLECTOR,
PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA 689 645.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
20
2025:KER:19866
5 DISTRICT COLLECTOR PALAKKAD,
CIVIL STATION, PALAKKAD 678 001.
6 SUB COLLECTOR, OTTAPALAM,
RDO OFFICE, OTTAPALAM,
PALAKKAD DISTRICT 679 101.
7 TAHSILDAR,
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT 678 582.
8 VILLAGE OFFICER,
VILLAGE OFFICE, SHOLAYUR,
MANNARKKAD TALUK.
PALAKKAD DISTRICT 678 581.
9 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT 691 523.
0 TAHSILDAR,
TALUK OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT 691 523.
11 VILLAGE OFFICER,
VILLAGE OFFICE, PERINGANAD,
ADOOR TALUK, 691 523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
21
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4645 OF 2022
PETITIONER:
RADHAKRISHNAN NAIR, AGED 51 YEARS
S/O. DAMODHARAN NAIR, KOCHUMADATHIL,
PERINGANAD P.O., ADOOR,PIN-691 551
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
K.VARGHESE THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
2 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001
3 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
22
2025:KER:19866
4 DISTRICT COLLECTOR,
PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA,PIN-689 645
5 DISTRICT COLLECTOR, PALAKKAD,
CIVIL STATION, PALAKKAD,PIN-678 001
6 SUB COLLECTOR OTTAPALAM,
RDO OFFICE, OTTAPALAM,
PALAKKAD DIST. PIN-679 101
7 TAHSILDAR,
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN-678 582
8 VILLAGE OFFICER,
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DIST. PIN-678 581
9 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
0 TAHSILDAR
TALUK OFFICE, ADOOR, PATHANAMTHITTA DIST,
PIN-691 523
11 VILLAGE OFFICER,
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN-691 523
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
23
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4666 OF 2022
PETITIONER:
VASAVAN, AGED 75 YEARS
S/O. VELAYUDHAN, VIJI BHAVANAM,
CHERUPUNCHA, PERINGANAD P.O.,
ADOOR, PIN-691551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
K.VARGHESE THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE , GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
24
2025:KER:19866
THIRUVANANTHAPURAM, PIN- 695 001.
4 DISTRICT COLLECTOR,
PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA,
PIN- 689 645.
5 DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD,
PIN-678001.
6 SUB COLLECTOR, OTTAPALAM,
RDO OFFICE, OTTAPALAM, PALAKKAD DISTRICT,
PIN-679101.
7 TAHSILDAR,
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN- 678 582.
8 VILLAGE OFFICER,
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DISTRICT, PIN- 678 581.
9 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, ADOOR, PATHANAMTHITTA DISTRICT,
PIN-691523.
0 TAHSILDAR,
TALUK OFFICE, ADOOR, PATHANAMTHITTA DISTRICT,
PIN-691523.
11 VILLAGE OFFICER,
VILLAGE OFFICE, PERINGANAD, ADOOR TALUK,
PIN-691523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
25
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4670 OF 2022
PETITIONER:
R. GOPALA KRISHNAN, AGED 59 YEARS
CHARUVILAYIL VEEDU, MUNDAPALLY,
PERINGANAD P.O, ADOOR, PIN - 681551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
3 PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
26
2025:KER:19866
4 DISTRICT COLLECTOR, PATHANAMTHITTA
CIVIL STATION, PATHANAMTHITTA, PIN - 689645.
5 DISTRICT COLLECTOR, PALAKKAD,
CIVIL STATION, PALAKKAD, PIN - 678001.
6 SUB COLLECTOR, OTTAPALAM
RDO OFFICE, OTTAPALAM, PALAKKAD DISTRICT,
PIN - 679101.
7 TAHSILDAR
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN - 678582.
8 VILLAGE OFFICER, VILLAGE OFFICE,
SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DISTRICT, PIN - 678581.
9 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT, PIN - 691523.
0 TAHSILDAR, TALUK OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT, PIN - 691523.
11 VILLAGE OFFICER
VILLAGE OFFICE, PERINGANAD,
ADOOR TALUK, PIN - 691523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
27
2025:KER:19866
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
WP(C) NO. 4684 OF 2022
PETITIONER:
OMANA SUKUMARAN, AGED 72 YEARS
W/O. LATE C.K.SUKUMARAN, SUMANDHIRAM (SURINILAM),
THEKUMMURI, PERINGANAD P.O., ADOOR, PIN-691551.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE , GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695 001.
4 DISTRICT COLLECTOR, PATHANAMTHITTA,
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
28
2025:KER:19866
CIVIL STATION, PATHANAMTHITTA, PIN- 689 645.
5 DISTRICT COLLECTOR,PALAKKAD, CIVIL STATION,
PALAKKAD, PIN-678001.
6 SUB COLLECTOR OTTAPALAM, RDO OFFICE,
OTTAPALAM, PALAKKAD DISTRICT, PIN-679101.
7 TAHSILDAR,
MANNARKKAD TALUK, MINI CIVIL STATION,
MANNARKKAD, PALAKKAD DISTRICT, PIN- 678 582.
8 VILLAGE OFFICER,
VILLAGE OFFICE, SHOLAYUR, MANNARKKAD TALUK,
PALAKKAD DISTRICT, PIN- 678 581.
9 REVENUE DIVISIONAL OFFICER,RDO OFFICE,
ADOOR, PATHANAMTHITTA DISTRICT, PIN-691523.
0 TAHSILDAR, TALUK OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT, PIN-691523.
11 VILLAGE OFFICER, VILLAGE OFFICE,
PERINGANAD, ADOOR TALUK, PIN-691523.
SR.GP- JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.02.2025, ALONG WITH WP(C).4555/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
29
2025:KER:19866
VIJU ABRAHAM, J.
.................................................................
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
.................................................................
Dated this the 25th day of February, 2025
JUDGMENT
since common issues are involved in all these cases, they are
heard and disposed of by this common judgment. W.P.(C) No.4670 of
2022 will be treated as the leading case.
2. Petitioner has approached this Court seeking to quash Ext.P10
and for a consequential direction to implement Ext.P4. Petitioner is having
an extent of 8.10 Ares of property in Block No.12 in Survey No.296 of
Peringanad Village in Adoor Taluk, Pathanamthitta. The property of the
petitioner was acquired by the 1st respondent as per the provisions of the
Land Acquisition Act, 1894 during 1970-1980 for the purpose of
constructing an irrigation canal under the Kallada Irrigation Project (KIP).
A total extent of 17 hectares of property was acquired from 29 different
individuals including the petitioner herein for the said project. The
acquired property is a long narrow strip of land with an average width of
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
15 metres and the same virtually divides petitioner's larger extent of
property through its middle. The original plan for constructing irrigation
canal was abandoned by respondents 1 to 3 several years ago and for
the last several years the said respondents are not taking any steps for
utilizing this strip of land for intended purpose of acquisition or for any
other purposes. Accordingly the property remained in the defacto
possession of the petitioner and he is utilising this property for agricultural
purposes and for beneficial enjoyment of the larger extent of property.
During 2008-2010 respondents 1 and 4 distributed a portion of the
similarly acquired properties from eight different land owners to certain
landless persons under "Mission Mode Project (MMP) towards the
programme of making Kerala a Zero Landless (Citizens) State". However
the property of the petitioner was not distributed and is even now
remaining in defacto possession of the petitioner. Petitioner would
contend that such distribution of land acquired for construction of a canal
will virtually divide the larger extent of land which is being used for
residential/agricultural purposes and if such strip of land is given for the
purpose of house construction, even access to the remaining portion of
the land will be denied. It is further contended that the acquired strip of
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
land is not fit for constructing houses as there is no sufficient space for
constructing toilets and wells. In the said circumstance petitioner
approached respondents 1 to 4 with a request to take necessary steps for
assigning the property which is absolutely necessary for the beneficial
enjoyment of the remaining property. The specific grievance of the
petitioner is that the property was initially acquired for canal in the
frontage portion of the property owned by the petitioner and if the land is
taken away and distributed to landless persons, there will be no road
access and the property of the petitioner would become landlocked and
the lack of road frontage/access would cause severe loss and
depreciation to the remaining property of the petitioner. Based on the
request submitted by the petitioners, respondents 1 and 2 obtained
reports from respondents 4 and 5 and after considering various aspects
including the uneven lie and unsuitability of land for other purposes and
the hardships that would be caused to the petitioner, the 1 st respondent
agreed to consider the request for assignment submitted by the petitioner.
The officers of the 1st respondent conducted elaborate enquiry in that
regard and Ext.P1 report was submitted by the Village Officer,
Peringanadu before the Tahsildar, Adoor. A perusal of Ext.P1 would
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
reveal that the aspects pertaining to the absolute necessity of assignment
of acquired land to the petitioner for the purposes of cultivation, house
site and beneficial enjoyment of adjoining registered holding, etc. was
elaborately considered. The nuisance and injury that may be caused to
the petitioner in the event of distribution of land to others was also
considered at length in Ext.P1. After such thorough enquiry and
deliberation at different levels, it was agreed that the acquired property
will be allotted back to the petitioner on the specific condition that property
having five times larger extent than the property sought to be assigned
must be made available/relinquished for the public purpose of distribution
to the landless persons. Respondents 1 and 2 had also fixed
specifications for the land that is to be relinquished, which includes
access to road, availability of electricity, proximity to Government officers,
shops, hospitals, etc. In the said circumstances petitioner identified
different such properties, including those in the Palakkad District. Later
the 5th respondent got the said lands verified through the Village Officer,
Sholayar and zeroed down to most suitable land as evident from Ext.P2
report of the Village Officer. After finding that the land identified by the
petitioner situated in survey Nos.1781 and 1782 of Sholayar Vilalge for
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
relinquishment is suitable for the purpose of constructing
houses/distributing to landless persons, the 5th respondent submitted
Ext.P3 report and sketch before the 1 st respondent to that effect. It is
submitted that as per Ext.P2 the land identified in Sholayar has
convenient road access and is suitable in all aspects for housing scheme.
Thereafter the 1st respondent took a policy decision to return/assign the
property to the petitioner on the specific condition that the petitioner
should relinquish property having five times more area than the property
sought to be assigned back. The 1st respondent further authorised the 4th
respondent to assign the property mentioned above to the petitioner
under Rule 24 of the Kerala Land Assignment Rules, 1964 as per Ext.P4
Government Order dated 18.01.2016. A perusal of Ext.P4 would reveal
that it made a balance between the interest of the petitioner and State in
as much as the petitioner's purpose of beneficial enjoyment of adjoining
land and policy of the State to provide land for distribution of landless
persons was satisfied. In furtherance of Ext.P4 Government Order
petitioner purchased 40.49 Ares of land in Survey No.1781 of Sholayar
Village as per Ext.P5 document and mutated the same in the name of the
petitioner and land tax was also paid. Later on petitioner submitted
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
necessary application in prescribed form (Form A) under Rule 3 of the
Kerala Land Relinquishment Rules, 1958 before the 6th respondent. It is
also stated that petitioner and others submitted all necessary documents
before the Office of Sub Collector, Ottappalam on 12.04.2016. In the
meanwhile Tahsildar, Adoor issued Ext.P6 communication dated
25.02.2016 directing the petitioner to produce all necessary documents
evidencing relinquishment of land for taking further action for assignment
of land in terms of Ext.P4. Later the property purchased as per Ext.P5
was taken over by the Government in furtherance of the land
relinquishment application submitted by the petitioner. While so there was
a change of the Government and thereafter the 1st respondent issued
Ext.P7 order dated 25.05.2017 cancelling Ext.P4 order claiming that the
decision taken as per ExtP4 is contrary to the settled position of law in
this regard by the Apex Court. Petitioner submits that the reason stated in
Ext.P7 to cancel Ext.P4 is without any basis. In the said circumstance
petitioner submitted a request before the 1 st respondent seeking review of
Ext.P7 order, but the same was rejected as per Ext.P8. Thereupon
petitioner has approached this Court filing W.P.(C) No.34990 of 2018 and
connected cases and this Court as per Ext.P9 common judgment remitted
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
the matter back to the Government to re-examine the aspect pertaining to
public interest after setting aside Exts.P7 and P8. The Government
completely overlooking the direction issued in Ext.P9 judgment issued
Ext.P10 order rejecting the claim of the petitioner.
3. The specific case of the petitioners is that Ext.P10 order is
issued contrary to the directions in Ext.P9 judgment. It is the contention of
the petitioners that the finding in Ext.P9 that if the grievance of the
petitioners is as projected in the writ petitions and the land is required for
the enjoyment of the remaining land, certainly their claim would satisfy the
test of public interest and a direction was issued in Ext.P9 judgment to the
1st respondent to identify the public interest relatable to the petitioners.
But while issuing Ext.P10 order the said aspect was not at all considered
by the 1st respondent. It is the further contention of the petitioners that the
market value of the property mentioned in Ext.P10 is highly inflated and
arrived without any basis. Earlier the District Collector, Pathanamthitta
has sought for a report from the Tahsildar, Adoor as per Ext.P11 letter
regarding the fair value and market value of the properties sought to be
returned. Thereupon Ext.P12 report was submitted by the Village Officer,
Peringanad regarding the fair value and market value of the property.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
Later as per Ext.P13 report dated 02.11.2019 the Village Officer,
Peringanadu fixed an amount of Rs.81,461/- as the value of category I
land and Rs.65,169/- was fixed as the value of category II land. As per
the records the said assessments of the Village Officer was made after
comparing ten contemporary sale deeds registered between 2017 and
2019 at Adoor SRO in respect of the properties allegedly comparable to
the properties in question. A perusal of the report of the Village Officer
revealed that the Village Officer has referred to the value of the property
situated within the limits of Adoor Municipality for assessing the value
situated within the Panchayat area. Thereupon as per Ext.P14 report by
the Tahsildar the value of the property was re-assessed as per report
dated 01.11.2019 and re-fixed as Rs.97,644/- per Are for category I land
and Rs.81,370/- per Are for category II land. Petitioners would contend
that a perusal of Ext.P14 report by the Tahsildar would show that the
value recorded in Exts.P14 and P10 are arrived without any legal and
logical basis. No valid documents have been relied on by the Tahsildar to
fix the price as stipulated in the valuation certificate and there is
absolutely no basis for fixing the market value of the property as seen in
Ext.P10. Petitioners rely on Ext.P15 to show the fair value of the land
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
which is sought to be assigned in favour of the petitioners. It is aggrieved
by the same that the present writ petitions have been filed.
4. A detailed counter affidavit has been filed by the 2 nd respondent
in W.P.(C) No.4564 of 2022 and the same was adopted in all the other
writ petitions on the basis of an adoption memo. In the counter affidavit it
is admitted that the land was acquired from the possession of petitioners
for Kallada Irrigation Project and that the project itself was dropped by the
Government and that certain portion of the acquired land was set apart
for distribution to landless persons under the Zero Landless Programme.
It is also admitted that after considering the request of the petitioners to
return the land covered in Block Nos.11 and 12 the Government entered
into agreements with the petitioners. Accordingly they agreed that they
would purchase land having an extent of five times in place of 183.07
Ares of land. Consequently 21 beneficiaries involved in the agreement
purchased land in Sholayar Village and submitted applications before the
Sub Collector, Palakkad for enabling the petitioners to relinquish their
rights over the purchased property. Thereupon Government has issued
Ext.P4 order dated 18.01.2016 granting power to the District Collector to
assign the land having an extent of 183.07 Ares to the 21 beneficiaries.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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When the Government found that the benefit granted as per Ext.P4 was
in violation of the settled position of law in the judgments of the Apex
Court, Government has issued Ext.P7 order dated 25.05.2017 cancelling
Ext.P4 and taking note of the above intervening circumstances the Sub
Collector, Ottappalam rejected the application for relinquishment also.
After the case was remitted back to the Government by this Court as per
Ext.P10 judgment, the matter was considered again and the Government
took a stand that the demand of the petitioners could not be accepted due
to the huge difference in the value of the property and on the basis of the
judgments of the Apex Court. It is further submitted that the fair value and
market value of the property in Sholayar Village is Rs.4,500/- and
25,000/- per Are respectively. It is also submitted that the Government is
holding the property for the benefit of the entire community of the State
and therefore the Government cannot assign the land to the petitioners
after accepting the property having less value which was purchased by
the petitioners in the Sholayar Village. It is submitted that in the absence
of public interest the petitioners cannot claim assignment of land by
invoking the provisions of the Kerala Land Assignment Act and the
learned Government Pleader relies on the judgment in State of Kerala v.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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Bhaskaran Pillai, 1997 KHC 353 wherein it is held that when the
acquired land is not fully utilised it cannot be re-conveyed to the owner at
the price acquired and sought for dismissal of the writ petition.
5. A detailed reply affidavit was also filed in answer to the counter
affidavit filed by the Government.
6. I have heard the rival contentions of both sides.
7. This Court by Ext.P9 judgment while interfering with the orders
impugned therein remitted the matter back for fresh consideration by the
Government on a finding that in Ext.P4 Government Order the
Government had not adverted to any public interest that was projected by
the petitioners and also if the Government is of the view that the
consideration paid to the property in exchange was inadequate and do
not represent the market value of the land, the Government is free to re-
examine the matter and if the Government finds there is no scope for any
re-examination as above, the Government shall take necessary steps to
implement Ext.P4 order dated 18.01.2016. Even while relegating the
matter back to the Government for fresh consideration on the above two
grounds there are certain findings and observations made by the court
highlighting the parameters to be considered while re-considering the
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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matter on the claim raised by the petitioners. The court on an elaborate
discussion of the word "public interest" as found in Rule 24 of the Kerala
Land Assignment Rules has held that even if the issue pertains to an
individual that becomes public interest and it is not the commonality or
collective nature of such demand that determines the public interest and
that it may be a factor in certain circumstances an individual may also be
placed in a precarious situation on account of actions beyond his control.
It is for the Government to address such issues of the citizen. The court
has also observed that merely because an individual made such a claim,
it will not make such claim bereft of the public interest and that the heart
of democracy lies in the capacity of the executive Government to address
the grievances of the people and in doing so the Government ordain
themselves to redress the grievances objectively focusing on the
problems than the individuals and that power is not denied to the
executive for the reason that the individual is before the Government and
the problem presented is peculiar to him. The court has also observed
that in the matter of land acquisition, the landowners are compelled to
part away with their precious land consequent upon compulsory
acquisition and that if the acquisition is only part of the land, it results in
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
fragmentation of such land and the erstwhile landowners would be in a
disadvantageous position to enjoy his remaining land and that in an
involuntary acquisition, the Government can always consider returning
the land acquired to the erstwhile owner, if such owner is having
remaining land for utilisation and the Government, therefore, is required
to address such grievances, which is a matter of governance. The court
has further observed that if the Government find that their grievances are
genuine, the Government is empowered to return the land to the erstwhile
owners on a consideration based on the market value and that the
Government would be justified in such circumstances in returning the land
to the erstwhile owner on satisfying two parameters, ie., (i) the erstwhile
owner is required to enjoy the property along with his remaining land and
(ii) adequate consideration and the court has ordered that the Executive
Government has power to dispose and assign the State property to an
identifiable individual or entity on public interest. It is more important to
note that in paragraph 28 of Ext.P9 judgment, which is extracted below,
this Court has found that the Government in the particular case had
originally decided to return the land to the erstwhile owners but the same
was without examining whether the petitioners are eligible for return of the
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
same and held that if the grievances of the petitioners as projected in
these writ petitions and the land is required for the enjoyment of the
remaining land, certainly, their claim would satisfy the test of public
interest.
"28. The Government in this case had originally decided to return
the land to the erstwhile owners. This was without examining
whether the petitioners are eligible for return in the light of the
discussions as above. If the grievances of the petitioners as
projected in these writ petitions and the land is required for the
enjoyment of the remaining land, certainly, their claim would satisfy
the test of public interest."
(underline supplied)
The said finding in Ext.P9 has become final as the same is not challenged
by the State in appropriate proceedings. It is on the said observations and
findings that the matter was remitted back to the Government for re-
consideration. The Government has issued Ext.P10 order rejecting the
request of the petitioners. The reasons stated in Ext.P10 for rejecting the
claim of the petitioners are as follows:
(i) If the land is returned back to the petitioners as requested by
them it will be in violation of the settled position of law by the Apex Court
that a property which was acquired for a particular purpose and if it is not
used for the said purpose there is no provision in the Act to return the
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
same to the erstwhile owner.
(ii) No public interest is seen in allotting the land given by the
petitioners in Palakkad District for allotment of land to landless persons.
(iii) The value of the land offered by the petitioners when compared
to the value of the land which is acquired the value is comparatively less
and therefore the property cannot be accepted in place of the acquired
land.
8. It is not in dispute that the land was acquired for the purpose of
providing an irrigation canal in connection with the Kallada Irrigation
Project and the land acquired for the said project is having only 15 metres
width having a distance of 3 kms. as evident from Ext.P1 report of the
Village Officer, Peringanadu. The grievances raised by the petitioners are
substantiated by Ext.P1 report of the Village Officer. It is reported that the
acquisition of the land has resulted in bifurcating the property of the
petitioners in two and that has resulted in a situation where there is no
proper way to enter the property on the other side. The property acquired
for construction of the canal, a portion of which was allotted to certain
landless persons, is lying almost 10 ft. above the balance leftover
property of the owner. While constructing latrines, etc. by the allottees
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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there was serious issues regarding disposal of the waste and
contamination of the well, etc. of the nearby property. There was law and
order situation when one of the persons who has been allotted a portion
of the acquired property under the scheme attempted to bury a dead body
in the said property which has caused serious inconvenience to the
nearby property owners. It is also reported in Ext.P1 that the construction
of houses in the acquired which is admittedly having only a width of 15
metres will cause serious environmental and pollution issues in the
locality including spreading of contagious diseases. It is further reported
that the property could be given back to the petitioners on accepting the
present market value or on condition that petitioners shall provide to the
Government land which is five times the extent of land acquired for the
purpose of Kallada Irrigation Project. Later on reports were called from
the Village Officer, Sholayar, who also reported as per Ext.P2 series of
reports that the land provided by the petitioners in Sholayar is suitable for
allotment to landless persons. Thereafter, taking into consideration all
these aspects, the Government decided as per Ext.P4 to return back the
land to the petitioners on accepting the land offered by them in Sholayar
Village which is five times the extent of land surrendered by the
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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petitioners. Thereafter necessary documents were executed and
relinquishment letter was also submitted pursuant to Ext.P6. It is
thereafter that Ext.P7 order was issued cancelling Ext.P4. Though a
review petition was filed that was also rejected by Ext.P8. It is challenging
the same that W.P.(C) No.34990 of 2018 and connected cases were filed
which led to the issuance of Ext.P9 judgment. This Court has already held
in Ext.P9 judgment that if the grievance of the petitioners is as projected
in these writ petitions and the land is required for the enjoyment of the
remaining land, certainly, their claim would satisfy the test of public
interest. In the light of the documents referred to above and especially
Ext.P1 report of the Village Officer, Peringanadu, I am of the view that the
claim of the petitioners satisfies the test of public interest as held by this
Court in paragraph 28 of Ext.P9 judgment. But, while taking a decision as
per Ext.P10 this aspect was not considered at all by the Government.
9. Yet another aspect to be noted is the allotment of land to
landless persons. Admittedly the land under acquisition which was
acquired from the petitioners is for the purpose of construction of a canal
which is having only a width of 15 metres. If the Government was
required to acquire any land for the purpose of allotment of land to
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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landless persons, definitely the Government will not be acquiring a land in
the nature of the land acquired from the petitioners which is having only a
width of 15 metres. The acquired land having only 15 metres width is only
suitable for construction of a canal. Now the said acquired land has
divided the property of the petitioners into two whereby denied access to
the petitioners to the other side of the property. As reported by the Village
Officer, Peringanadu serious problems were created both to the
petitioners as well as the persons who have been allotted a certain
portion of the land. I am of the opinion that a property having only 15
metres width will not be ideal for construction of a house and for a normal
basic living condition for a family. Further Ext.P2 report revealed that the
property identified by the petitioners for allotment to landless persons is
suitable for constructing houses. The necessity for providing a suitable
land for landless persons is also a concern of the Government which is
also in public interest. That aspect was also not taken into consideration
by the Government while issuing Ext.P1. In view of the above facts and
circumstances I am of the view that there is public interest involved in the
request made by the petitioners. If public interest is involved, naturally the
Government has power under Rule 24 of the Kerala Land Assignment
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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Rules to assign the land dispensing with any of the provisions of the said
Rules. Rule 24 of the Kerala Land Assignment Rules reads as follows:
"24. Powers of Government.- Notwithstanding
anything contained in these rules the Government may, if they
consider it necessary so to do in public interest, assign land
dispensing with any of the provisions contained in these rules and
subject to such conditions, if any, as they may impose."
10. The suitability of land offered by the petitioners in the Sholayar
Village was found in favour as per Ext.P2 series of reports which found
that the said land is suitable for residential purpose and that land has no
anomalies like property of Scheduled Tribe community, forest land,
puramboke land, excess land, etc. There is absolutely no finding in
Ext.P10, except regarding the value of the property offered, that the land
offered by the petitioners in Sholayar Village is not suitable for being
allotted to landless persons. Therefore the finding in Ext.P10 that there is
no public interest involved in accepting the land offered by the petitioners
for being allotted to landless persons also cannot be accepted.
11. The other question is regarding the value of the property offered
by the petitioners when compared to the land acquired from the
petitioners. True, this Court in Ext.P9 has directed that the Government
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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will be free to consider the said aspect while taking a decision as directed
in the said judgment. Ext.P14 is a report submitted by the Tahsildar,
Adoor to the District Collector, Pathanamthitta regarding the finalisation of
the value of the acquired property. Ext.P14 report would reveal that as
regard category I property fair value could be considered as Rs.1,50,000/-
for one Are and the market value could be determined as Rs.4,25,000/-
and in respect of category II property fair value could be considered as
Rs.1,00,000/- for one Are and Rs.2,75,000/- as market value. Going by
the counter affidavit filed on behalf of the 2 nd respondent, the fair value
and market value of the property in Sholayar Village is Rs.4,500/- and
Rs.25,000/- per Are respectively. It is pertinent to note that the Tahsildar
has given the report based on the report called for from the Village
Officer. The Village Officer in Ext.P13 report has specifically held that no
documents were available which were registered within three years in
Pallickal Grama Panchayat (where the acquired property is situated) and
the Village Officer has taken into consideration documents registered in
respect of the properties coming within the jurisdiction of Adoor
Municipality for arriving at the potential market value of the property. I find
considerable force in the contention of the learned counsel appearing for
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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the petitioners that the said valuation arrived at in Ext.P13 by the Village
Officer which is based on the sale deeds executed in respect of
properties comprised in Adoor Municipality cannot be accepted since the
acquired property is in Pallickal Village and the sale deeds considered by
the Village Officer for arriving at the potential market value are all in
respect of properties coming within the Adoor Municipality, which would
fetch a much higher value than a property which is situated in Pallickal
Panchayat. Therefore, Ext.P14 valuation statement prepared taking into
consideration the documents registered in respect of the properties
comprised in Adoor Municipality cannot be accepted at all. Further more,
in Ext.P13 it could be seen that taking into consideration the average
value of even ten documents which are properties coming within the
jurisdiction of Adoor Municipality the value of one Are of land is fixed as
Rs.65,169/- and then on what basis the value of the land was fixed is not
discernible from Ext.P14 report. It is the contention of the learned counsel
for the petitioners that the value of the land as arrived at in Ext.P13 being
Rs.65,169/- per Are, when compared to five times the value of land in
Sholayar Village, the market value of which was determined as
Rs.25,000/- per Are, ie., (25x5) which is Rs.1,25,000/-, then definitely the
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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value of the property offered at Sholayar is comparable to the value of
land acquired from the petitioners. This aspect was also not considered
by the Government while issuing the impugned order.
12. Though the learned Government Pleader relies on the judgment
in State of Kerala v. Bhaskaran Pillai, 1997 KHC 353 in support of his
contentions wherein the Apex Court has held that when the area acquired
by the Government is not fully utilised it cannot be reconveyed to the
owner at the price acquired, this Court in a similar situation in Kollam
District wherein the property was acquired for construction of canal as
part of Kallada Irrigation Project itself, which was later abandoned and
when one of the property owners approached this Court seeking return of
the said land, considered the issue in W.A.Nos.2430 and 2370 of 2008
wherein Bhaskaran Pillai's case was distinguished holding that in
Bhaskaran Pillai's case cited supra though land was acquired for public
purpose, the major portion of the land was utilised for public purpose for
which it was acquired and thereafter a portion of the land acquired was
left unused and it is in such a case that the Apex Court has held that the
land so left shall either be sold in public auction or shall be assigned for
public purpose and in the case considered by the Division Bench the
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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project was abandoned and no portion of the land notified was used for
any public purpose. In the said judgment it was also found that the land
was not chosen for any public purpose for which it was acquired or any
other purpose and no other Government department has also opted for
this land and directed that if the petitioner therein repays to the District
Collector the amount paid to him under the award passed by the Land
Acquisition Officer with interest of 15% per annum, the property shall be
reconveyed to the petitioner therein. It is true that only a portion of the
property acquired was claimed by the petitioner therein and there were
other properties left for which no other person raised a claim. Therefore in
the said judgment the court has further directed that the District Collector
shall attempt to sell the property in public auction and if there is any
difference in the land value the petitioner therein was also directed to pay
the additional amount based on the value obtained in the public auction
conducted in respect of nearby similarly situated property. In the present
case there is no occasion to sell the nearby properties since the whole of
the property acquired except the land which has already been allotted to
landless persons has been claimed by the petitioners herein. The facts of
the case dealt with in W.A.No.2430 of 2008 and connected case is
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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exactly similar to that of the case of the petitioners. Not even an inch of
land acquired has been used for the purpose for which it was acquired
nor it was used for any other purpose. No other department has raised
any claim for the said land and all through out the property was in the
possession of the petitioners themselves. Therefore on the basis of the
judgment in W.A.No.2430 of 2008 and connected case which
distinguished Bhaskaran Pillai's case cited supra on the ground that not
even an inch of the property acquired was used for the purpose for which
it was acquired and the project was abandoned, I am of the view that the
claim of the petitioners has to be considered in the light of the judgment of
this Court in W.A.Nos.2430 and 2370 of 2008.
13. It is also to be noted that the land was compulsory acquired for
a public purpose, for which the petitioners cannot object, but only seek for
getting adequate compensation. But it is a fact that the property of the
petitioners has been divided into two and access to the other side of the
property was curtailed due to the acquisition proceedings Since the
property acquired is only 15 metres width, I have already opined that this
is not suitable for constructing proper residential accommodations for
landless persons. The authorities as per Ext.P2 series of reports have
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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found that the land offered by the petitioners in Sholayar Village is
suitable for allotment of land to landless persons. The only objection was
regarding the difference in the value of the property offered by the
petitioners. This Court has also found that the said valuation arrived at as
per Ext.P14 based on the sales deeds executed in Adoor Municipality is
absolutely without any basis and cannot be accepted at all. Further it is
also to be noted that the value arrived in Ext.P13 report of the Village
Officer when compared to the market value of the property offered in
Sholayar Village, there is no serious difference in the market value also
and the said aspect was not duly considered by the Government while
issuing the impugned order. Though the acquisition was made as per the
provisions of the Land Acquisition Act, 1894, the Government ought to
have considered the drastic change made in the new Act, ie. Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, especially Section 101, which mandates that
when any land acquired under this Act remains unutilised for a period of
five years from the date of taking over the possession, the same shall be
returned to the original owner or owners or their legal heirs, as the case
may be, or to the Land Bank of the appropriate Government by reversion
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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in the manner may be prescribed by the appropriate Government. The
change in the policy of the Government ought to have been considered
while issuing Ext.P10.
In view of the above facts and circumstances I am of the
opinion that the matter requires re-consideration at the hands of the
Government. Accordingly Ext.P10 is set aside. The Government shall re-
consider the objection regarding the difference in the value of the property
acquired from the petitioners and the property offered by the petitioners in
Sholayar Village after getting a proper valuation from the authorities
concerned. While arriving at the valuation of the acquired land the
authorities shall also take note of the fact that the property which is
acquired from the petitioners is a property having only a width of 15
metres. While re-considering the matter as directed above the
Government shall take a pragmatic view taking into consideration the
inconvenience caused to the petitioners and also the suitability of the land
offered to the allottees as evident from Ext.P1 report of the Village Officer
and also Ext.P2 series of suitability report submitted by the Village officer
in respect of the property offered by the petitioners in Sholayar Village.
After considering the issue regarding land value and if the Government is
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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satisfied with the value of the property offered in Sholayar Village by the
petitioners when compared to the land acquired in Adoor Village,
necessary steps should be taken by the Government to implement Ext.P4
order. A decision in this regard shall be taken within an outer limit of five
months from the date of receipt of a copy of the judgment, after affording
an opportunity of being heard to the petitioners and any other affected
parties.
Writ petitions are disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
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APPENDIX OF WP(C) 4555/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 04.04.2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANADU BEFORE TAHSILDAR,
ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYUR
TO THASILDAR, MANNARKKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE GO (MS) NO.37/2016/REVENUE
DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED NO.245/1/2016 OF
AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO (MS)
NO.166/2017/REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A 1/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC NO.35019 OF 2018 AND CONNECTED
CASES.
Exhibit P10 TRUE COPY OF THE G O NO.244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO.C.9-31800/2013.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
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Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED23.11.2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14(A) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO THE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
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APPENDIX OF WP(C) 4556/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01.04.2016 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANADU BEFORE THASILDAR,
ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE GO(MS0 NO. 37/2016/REVENUE
DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED NO.239/1/2016 OF
AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO(MS) NO.166/2017/REVENUE
DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A1/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34956 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE G O. NO.244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO.C-9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDAR ADOOR.
Exhibit P14(A) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4564/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01.04.2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANANDU BEFORE THASILDAR ,
ADOOR
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK
Exhibit P3 TRUE SKETCH OF LAND IDENTIFICATION BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT
Exhibit P4 TRUE COPY OF THE GO (MS) NO.37/2016/REVENUE
DATED 18.01.2016
Exhibit P5 TRUE COPY OF THE SALE DEED DATED 20.02.2016
BEARING NO.244/I/2016 OF AGALY SRO
Exhibit P6 TRUE COPY OF THE LETTER NO.C86630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR
Exhibit P7 TRUE COPY OF THE GO (MS)
NO.166/2017/REVENUE DATED 25.05.2017
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A1/155/2017 DATED 03.09.2018
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34904 OF 2018 AND CONNECTED CASES
Exhibit P10 TRUE COPY OF THE GO NO.244/2021/REVENUE
DATED 26.11.2021
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2019
BEARING FILE NO.C9-31800/2013
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR ,
ADOOR
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDR , ADOOR
Exhibit P14A TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4581/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01/04/2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANADU POLICE THASILDAR,
ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02/01/2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE GO(MS) NO.37/2016/REVENUE
DATED 18/01/2016.
Exhibit P5 TRUE COPY OF THE SALE DEED NO.227/1/2016 OF
AGALI SRO.
Exhibit P5A TRUE COPY OF THE SALE DEED NO.352/1/2016 OF
AGALI SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25/02/2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO(MS) NO.166/2017/REVENUE
DATED 25/05/2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A 1/155/2017 DATED 03/09/2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26/08/2020
IN WPC 34935 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO.244/2021/REVENUE
DATED 26/11/2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 289/04/2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.C9-31800/2013.
Exhibit P12 TRUE COPY OF HE REPORT DATED 13/06/2018
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02/11/2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23/11/2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14A TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4604/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01/04/2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANADU BEFORE THASILDAR,
ADOOR.
Exhibit P2 TRUE COY OF THE REPORT DATED 02/01/2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE GO(MS) NO.37/2016/REVENUE
DATED 18/01/2016.
Exhibit P5 TRUE COPY OF THE SALE DEED NO.228/1/2016 OF
AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25/02/2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO(MS) NO.166/2017/REVENUE
DATED 25/05/2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A 1/155/2017 DATED 03/09/2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26/08/2020
IN WPC 34940 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO.244/2021/REVENUE
DATED 26/11/2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28/04/2018
BEARING FILE NO.C9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13/06/2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02/11/2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23/11/2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14A TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4608/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01/04/2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANADU BEFORE THASILDAR,
ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02/01/2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE GO(MS) NO.37/2016/REVENUE
DATED 18/01/2016.
Exhibit P5 TRUE COPY OF THE SALE DEED DATED 18/02/2016
BEARING NO.SALE DEED NO.229/2016 OF AGALY
SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25/02/2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO(MS) NO.166/2017/REVENUE
DATED 25/05/2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A-1/155/2017 DATED 03/09/2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26/08/2020
IN WPC 34924 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF GO NO.244/2021/REVENUE DATED
26/11/2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28/04/2018
BEARING FILE NO.C9-31800/2013.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
Exhibit P12 TRUE COPY OF THE REPORT DATED 13/06/2018
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02/11/2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23/11/2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14A TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4618/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.
239/2015 DATED 01.04.2015 SUBMITTED BY THE
VILLAGE OFFICER, PERINGANADU BEFORE
THASILDAR ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT
Exhibit P4 TRUE COPY OF THE G O (MS) NO.
37/2016/REVENUE DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED DATED 18.02.2016
BEARING NO. 246/1/2016 OF AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO. C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO (MS) NO. 166/2017
REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING NO.
REVENUE - AI/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34974 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO. 244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO. C . 9-31800/2013
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO. 1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO. 430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14(a) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4624/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01.04.2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANANDU BEFORE THASILDAR ,
ADOOR
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK
Exhibit P3 TRUE SKETCH OF LAND IDENTIFICATION BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT
Exhibit P4 TRUE COPY OF THE GO (MS) NO.37/2016/REVENUE
DATED 18.01.2016
Exhibit P5 TRUE COPY OF THE SALE DEED NO.241/I/2016 OF
AGALY SRO
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR
Exhibit P7 TRUE COPY OF THE GO (MS)
NO.166/2017/REVENUE DATED 25.05.2017
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A1/155/2017 DATED 03.09.2018
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34981 OF 2018 AND CONNECTED CASES
Exhibit P10 TRUE COPY OF THE GO NO.244/2021/REVENUE
DATED 26.11.2021
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2019
BEARING FILE NO.C9-31800/2013
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR ,
ADOOR
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDR , ADOOR
Exhibit P14A TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4630/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01.04.2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANADU BEFORE THASILDAR,
ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFICATION BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE GO (MS) NO.37/2016/REVENUE
DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED NO.238/1/2016 OF
AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO (MS)
NO.166/2017/REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A1/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34997 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO.244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2019
BEARING FILE NO.C9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDR, ADOOR.
Exhibit P14(a) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4640/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.
239/2015 DATED 01.04.2015 SUBMITTED BY THE
VILLAGE OFFICER, PERINGANADU BEFORE
THASILDAR ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYUR
TO THASILDAR MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE G O (MS) NO.
37/2016/REVENUE DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED DATED 18.02.2016
BEARING NO. 226/1/2016 OF AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO. C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO (MS) NO. 166/2017
REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING NO.
REVENUE - AI/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34988 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO. 244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO. C . 9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO. 1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO. 430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14 (A) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4645/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.239/2015
DATED 01.04.2015 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANANDU BEFORE THASILDAR ,
ADOOR
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK
Exhibit P3 TRUE SKETCH OF LAND IDENTIFICATION BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT
Exhibit P4 TRUE COPY OF THE GO (MS) NO.37/2016/REVENUE
DATED 18.01.2016
Exhibit P5 TRUE COPY OF THE SALE DEED NO.353/I/2016 OF
AGALY SRO
Exhibit P6 TRUE COPY OF THE LETTER NO.C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR
Exhibit P7 TRUE COPY OF THE GO (MS)
NO.166/2017/REVENUE DATED 25.05.2017
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING
NO.REVENUE-A1/155/2017 DATED 03.09.2018
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC 34960 OF 2018 AND CONNECTED CASES
Exhibit P10 TRUE COPY OF THE GO NO.244/2021/REVENUE
DATED 26.11.2021
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2019
BEARING FILE NO.C9-31800/2013
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO.1528/2018 OF THE VILLAGE
OFFICER PERINGANAD
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO.430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR ,
ADOOR
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDR , ADOOR
Exhibit P14A TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4666/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.
239/2015 DATED 01.04.2015 SUBMITTED BY THE
VILLAGE OFFICER, PERINGANADU BEFORE
THASILDAR, ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE G O (MS) NO.
37/2016/REVENUE DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED NO.242/I/2016 OF
AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO. C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO (MS) NO.
166/2017/REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING NO.
REVENUE - A 1/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC. 35099 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO(MS) NO.
244/2021/REVENUE DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO. C . 9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO. 1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO. 430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14(A) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4670/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.
239/2015 DATED 01.04.2015 SUBMITTED BY THE
VILLAGE OFFICER, PERINGANADU BEFORE
THASILDAR, ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYAR
TO THASILDAR, MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE G O (MS) NO.
37/2016/REVENUE DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED DATED 20.02.2016
BEARING NO. 243/1/2016 OF AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO. C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR
Exhibit P7 TRUE COPY OF THE GO (MS) NO. 166/2017
REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING NO.
REVENUE - AI/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC.34990 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO. 244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO. C . 9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO. 1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO. 430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14(a) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
APPENDIX OF WP(C) 4684/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT BEARING NO.
239/2015 DATED 01.04.2015 SUBMITTED BY THE
VILLAGE OFFICER, PERINGANADU BEFORE
THASILDAR ADOOR.
Exhibit P2 TRUE COPY OF THE REPORT DATED 02.01.2014
SUBMITTED BY THE VILLAGE OFFICER, SHOLAYUR
TO THASILDAR MANNARKAD TALUK.
Exhibit P3 TRUE SKETCH OF LAND IDENTIFIED BY THE
PETITIONER AND OTHERS IN PALAKKAD DISTRICT.
Exhibit P4 TRUE COPY OF THE G O (MS) NO.
37/2016/REVENUE DATED 18.01.2016.
Exhibit P5 TRUE COPY OF THE SALE DEED DATED 18.02.2016
BEARING NO. 354/1/2016 OF AGALY SRO.
Exhibit P6 TRUE COPY OF THE LETTER NO. C8-6630/12/KIP
DATED 25.02.2016 ISSUED BY THE THASILDAR,
ADOOR.
Exhibit P7 TRUE COPY OF THE GO (MS) NO. 166/2017
REVENUE DATED 25.05.2017.
Exhibit P8 TRUE COPY OF THE COMMUNICATION BEARING NO.
REVENUE - AI/155/2017 DATED 03.09.2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.08.2020
IN WPC. 35027 OF 2018 AND CONNECTED CASES.
Exhibit P10 TRUE COPY OF THE GO NO. 244/2021/REVENUE
DATED 26.11.2021.
Exhibit P11 TRUE COPY OF THE LETTER DATED 28.04.2018
BEARING FILE NO. C . 9-31800/2013.
Exhibit P12 TRUE COPY OF THE REPORT DATED 13.06.2018
W.P.(C) Nos.4555, 4556, 4564, 4581, 4604,
4608, 4618, 4624, 4630, 4640, 4645, 4666,
4670 and 4684 of 2022
2025:KER:19866
BEARING FILE NO. 1528/2018 OF THE VILLAGE
OFFICER, PERINGANAD.
Exhibit P13 TRUE COPY OF THE REPORT DATED 02.11.2019
BEARING NO. 430/19 SUBMITTED BY THE VILLAGE
OFFICER, PERINGANAD TO THE TAHSILDAR,
ADOOR.
Exhibit P14 TRUE COPY OF THE REPORT DATED 23.11.2019 OF
THE TAHSILDAR, ADOOR.
Exhibit P14(A) TYPE WRITTEN TRUE COPY OF THE RELEVANT
PORTION OF EXHIBIT P14.
Exhibit P15 TRUE COPY OF THE PRINT OUT OF THE FAIR
VALUE OF THE LAND LOCATED ADJACENT TO THE
LAND SOUGHT TO BE ASSIGNED BY PETITIONER
FROM THE WEBSITE OF DEPARTMENT OF
REGISTRATION.
