Kerala High Court
Shamon vs State Of Kerala on 9 January, 2025
1
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 9TH DAY OF JANUARY 2025 / 19TH POUSHA, 1946
WP(C) NO. 27942 OF 2019
PETITIONERS:
1 SHAMON
AGED 36 YEARS, S/O HYDROSE, POYLUNGAL HOUSE,
MANJALY KARA, KARUMALLUR VILLAGE, PARAVUR TALUK,
MANNAM.P.O, ERNAKULAM, PIN-683513.
2 MATHACHAN.E.M,
AGED 54 YEARS, S/O MATHAYI, ELAMKUNNAPPUZHA HOUSE,
MANJALY, MANNAM P.O., ERNAKULAM, PIN-683513.
3 JAMSHEENA,
W/O NAJEEB, KALARIKKAL HOUSE, MANJALY, MANNAM P.O,
ERNAKULAM,PIN-683513.
4 ABDUL KAREEM,
AGED 59 YEARS, S/O SYEDU, PUTHENPARAMBIL HOUSE,
MANJALY, MANNAM P.O,ERNAKULAM,PIN-683513.
5 BINOY VARGHESE,
AGED 37 YEARS, S/O GRACY VARGHESE, THERULLI HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM, PIN-683513.
6 SHIBI.K.A,
AGED 45 YEARS, S/O.ABDUL KAREEM,KALARIKKAL HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM, PIN-683513.
BY ADVS.
S.RENJITH
SRI.P.K.SREEVALSAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA,
SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 THE COMMISSIONER OF LAND REVENUE,
GROUND FLOOR, NEW BUILDING, BAKERY JUNCTION ROAD,
2
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
UNIVERSITY OF KERALA STATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, KERALA-695033.
3 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
4 THE TAHSILDAR,
PARAVUR TALUK, PARAVUR, THALUK OFFICE, PARAVOOR,
ERNAKULAM, PIN-683513.
5 THE VILLAGE OFFICER,
KURUMALOOR VILLAGE OFFICE, PARAVUR, ERNAKULAM, PIN-683513.
6 THE KARUMALOOR GRAMA PANCHAYAT,
KARUMALOOR, ALUVA, ERNAKULAM, PIN-683513, REP.BY IT'S
SECRETARY.
7 OUR LADY OF DOLLARS CHURCH,
MANJALY, KARUMALLOOR VILLAGE, MANNAM P.O, PARAVUR,
ERNAKULAM, PIN-683513, REPRESENTED BY ITS VICAR.
8 PARISH COUNCIL,
OUR LADY OF DOLLAR'S CHURCH, MANJALY, KARUMALLOOR VILLAGE,
MANNAM P.O, PARAVUR, ERNAKULAM, PIN-683513, REPRESENTED BY
ITS SECRETARY OF THE COMMITTEE.
BY ADVS.
GOVERNMENT PLEADER
SRI.C.ANIL KUMAR
SRI.R.S.KALKURA
SRI.M.S.KALESH
SMT.A.K.PREETHA
SRI.HARISH GOPINATH
SMT.R.BINDU
SMT.P.ANJANA
SMT.NEENU PAVITHRAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NIKHEL K GOPINATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2024,
ALONG WITH WP(C).8088/2020, THE COURT ON 09.01.2025 DELIVERED THE
FOLLOWING:
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WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 9TH DAY OF JANUARY 2025 / 19TH POUSHA, 1946
WP(C) NO. 8088 OF 2020
PETITIONERS:
1 OUR LADY OF DOLOURS CHURCH
MANJALY, KARUMALLOOR VILLAGE, MANNAM.P.O, PARAVUR,
ERNAKULAM-683513 REPRESENTED BY ITS VICAR.
2 SECRETARY
PARISH COUNCIL OUR LADY OF DOLOURS CHURCH MANJALY,
KARUMALOOR VILLAGE, NORTH PARAVUR TALUK,
NORTH PARAVUR-683520.
BY ADVS.
R.S.KALKURA
SRI.M.S.KALESH
SRI.HARISH GOPINATH
SMT.R.BINDU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, LAND REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE COMMISSIONER OF LAND REVENUE
GROUND FLOOR, NEW BUILDING, BAKERY JUNCTION ROAD,
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANATHAPURAM-695033
3 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM-682030
4 THE TAHSILDAR
PARAVUR TALUK, TALUK OFFICE, PARAVOOR, ERNAKULAM-683513
5 THE VILLAGE OFFICER
KARUMALOOR VILLAGE OFFICE, PARAVUR, ERNAKULAM-683513
4
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
6 THE KARUMALOOR GRAMA PANCHAYAT
KARUMALOOR, ALUVA, ERNAKULAM, PIN-683513
REPRESENTED BY ITS SECRETARY.
7 SHAMON,
AGED 36 YEARS, S/O.HYDROSE, POYLUNGAL HOUSE,
MANJALY KARA, KARUMALLUR VILLAGE, PARAVUR TALUK,
MANNAM.P.O, ERNAKULAM-683513
8 MATHACHAN.E.M
AGED 54 YEARS, S/O.MATHAYI, ELAMKUNNAPPUZHA HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513.
9 JAMSHEENA,
W/O.NAJEEB, KALARIKKAL HOUSE, MANJALY, MANNAM.P.O,
ERNAKULAM-683513
10 ABDUL KAREEM
AGED 59 YEARS, S/O.SYEDU PUTHENPURAMBIL HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513
11 BINOY VARGHESE
AGED 37 YEARS, S/O.GRACY VARGHESE, THERULLI HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513
12 SHIBI.K.A
AGED 45 YEARS, S/O.ABDUL KAREEM KALARIKKAL HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513.
BY ADVS.
SRI.C.ANIL KUMAR
Sreevalsakrishnan P K
SRI.S.RENJITH
SMT.A.K.PREETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2024,
ALONG WITH WP(C).27942/2019, THE COURT ON 09.01.2025 DELIVERED THE
FOLLOWING:
5
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
JUDGMENT
[WP(C) Nos.27942 of 2019 & 8088 of 2020]
The issue raised in these two writ petitions is pertaining
to an extent of 62.125 cents of land in Sy. Nos.390/1 and
428/1 of Karumalloor village in Paravur Taluk, originally a
puramboke land, later assigned by the Government in favour
of the petitioner in W.P.(C) No.8088 of 2020.
2. The petitioner in W.P.(C) No.8088 of 2020, a
Church stated to have been established in the year 1891 A.D.,
contends that it is in possession/enjoyment of an extent of
1.5 acres of property comprised in various survey numbers of
Karumalloor village. It further contends that the only
ingress/egress to the afore property is from a Panchayat road
through a puramboke land and the same was being used for
the purpose of ingress/egress to the Church from time
immemorial. Therefore, they sought for assignment of the
property as above, and Ext.P3 order dated 18.09.1985
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
(produced in W.P.(C) No.8088 of 2020) is issued by the
Government, assigning the extent of 62.125 cents of land in
favour of the petitioner for the construction of a pathway. On
the basis of the afore Government Order issued in the year
1985, Ext.P4 patta dated 03.06.1994 is issued with respect
to the extent of the property, as above. The Church also
contends that the party respondents in W.P.(C) No.8088 of
2020 created obstruction to the passage of the laity to the
Church, claiming that they are having absolute right over the
pathway. The Church filed a suit as O.S. No.457 of 2017
before the Munsiff's Court, North Paravur, and obtained an
interim injunction against the party respondents (produced
as Ext.P7 in W.P.(C) No.8088 of 2020). The said order stood
modified later on 11.04.2019, permitting the party
respondents also to use the pathway till disposal of the suit.
3. The party respondents had also applied before the
Additional District Magistrate with reference to the provisions
of the Code of Criminal Procedure and obtained an order in
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
their favour on 31.07.2017. The said order has been stayed
by this Court in Crl.R.P.No.939 of 2017 filed by the Church.
4. The petitioners in W.P.(C) No.27942 of 2019, who
are the party respondents in W.P.(C) No.8088 of 2020 have,
in the afore circumstances, submitted an application dated
29.08.2017 to the Revenue Secretary (produced as Ext.P17
in W.P.(C) No.27942 of 2019), seeking to cancel the patta
issued in favour of the Church. They also filed W.P.(C)
No.3866 of 2018 seeking appropriate directions to permit
them to use the land in question as pathway. In the
meantime, the District Collector sought to resolve the
disputes and issued Ext.P19 minutes of the meeting dated
19.12.2017, directing the Tahsildar concerned to measure
and demarcate the land assigned to the Church, further
directing the parties to maintain the status quo till survey is
completed, as above. The Church filed W.P.(C) No.1820 of
2018 challenging the directives issued, as above by the
Collector. This Court, by judgment dated 02.04.2019,
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
directed the Government to consider the application filed by
the petitioners in W.P.(C) No.27942 of 2019 after hearing the
Church also.
5. In the light of the afore directions, the Government
issued an order dated 27.07.2019, finding that:
(i) The property concerned was assigned to the
Church for the purpose of construction of the
pathway and the Church has constructed a
Kurishadi and an arch and also laid tiles in the
pathway, which is a violation of the patta
conditions.
(ii) Even on the face of the afore, no steps are taken
for cancelling the patta at present since the land is
assigned for the purpose of a pathway to the
Church.
(iii) The land of the Church, the land covered by the
patta and the land of the complainants are to be
surveyed, and the pathway to the properties of the
complainants are to be demarcated.
6. The afore order dated 27.07.2019 is challenged by
the Church, producing the same as Ext.P12 in W.P.(C)
No.8088 of 2020. The complainants have filed W.P.(C)
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
No.27942 of 2019, challenging the very same order
producing the same as Ext.P24.
7. I have heard Sri.P.K. Sreevalsakrishnan, learned
counsel for the petitioners in W.P.(C) No.27942 of 2019,
Sri.R.S.Kalkura, learned counsel for the petitioners in W.P.(C)
No.8088 of 2020 and Sri.E.G. Gorden, the learned Senior
Government Pleader for the official respondents.
8. Sri.Sreevalsakrishnan, the learned counsel for the
petitioners in W.P.(C) No.27942 of 2019, would contend that
the assignment in favour of the Church as above, itself was
illegal and arbitrary. He further contends that in view of the
findings in the order of the Government that the Church
constructed 'kappela', etc., violating the patta conditions, the
patta ought to have been cancelled by the Government. He
relied on various judgments in support of his submissions.
9. Sri.R.S. Kalkura, the learned counsel appearing on
behalf of the Church, on the other hand, contended that the
challenge against the assignment itself was without any
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
justification since the assignment was effected with reference
to the provisions of Rule 24 of the Kerala Land Assignment
Rules, 1964, after finding that there was "public interest"
involved.
10. I have considered the rival submissions as well as
the connected records.
11. As already noticed, the challenge in these writ
petitions is with reference to the patta issued to the Church,
as above.
12. The patta in question was issued on 03.06.1994 on
the basis of the Government Order dated 18.09.1985. It is to
be noticed that a notice was issued on 09.01.1984 under
Rule 12(1) of the Kerala Land Assignment Rules prior to the
issue of the Government Order. Apparently, there was no
objection from any quarters as regards the proposed
assignment. The Tahsildar, Paravur, has also issued the report
dated 28.06.1984 finding that the property in question is
being primarily used as the entrance to the Church. It is on
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
that basis, that Ext.P2 has been issued by the Government
dated 18.09.1985, assigning the land in favour of the church.
The learned counsel for the petitioner in W.P.(C) No.27942 of
2019 relied on Ext.P15 resolution dated 19.06.1989 of the 5th
respondent Panchayat to contend that there was opposition
from the Panchayat and hence the assignment was not
proper. In this connection, the requirement for seeking the
consent of the Panchayat is prescribed under Section 3 (2) of
the Kerala Land Assignment Act, 1960. However, it is to be
noticed that the afore requirement is inserted in the Statute
only during the year 2000, and in the case at hand, the
assignment took place in the year 1985 as evidenced by the
Government Order dated 18.09.1985 and followed by the
patta dated 03.06.1994. Therefore, the reliance placed on the
resolution of the Panchayat, in my opinion, may not be
relevant for determining the issue raised in these writ
petitions.
13. On the other hand, I notice that assignment of
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
Government land has been prescribed with reference to the
provisions of Section 3 of the Kerala Land Assignment Act,
1960, Rules 4 and 24 of the Kerala Land Assignment Rules,
1964. It is true that Rule 4 provides for assignment only in
three situations - for the purposes of personal cultivation,
house-sites, and beneficial enjoyment of registered holdings.
However, Rule 24 to the Kerala Land Assignment Rules
provides as under:
"Rule 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."
A reading of the afore would show that the Government can
assign the land in its possession "in public interest" without
reference to any of the provisions in the Kerala Land
Assignment Rules. A reading of the Government Order dated
18.09.1985 would show that the property in question is
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
assigned in favour of the Church and not in favour of any
private individual. No one has a case that the property so
assigned is being enjoyed by anyone other than the Church.
14. Sri.P.K.Sreevalsakrishnan relied on a Division
Bench judgment of this Court in Varkey Abraham v.
Secretary to Government (Revenue Department) and
Others [2007 (3) KLT 702] in support of his contention. It
is to be straight away noticed that the afore judgment
considered a situation where an application for land
assignment was filed by an individual who was already in
possession of considerable extent of properties. It is in the
afore circumstances that this Court found that such a person
does not have a vested right to get the property assigned on
Registry. With reference to the provisions of Rule 24, this
Court, in para 16 of the judgment, found that public interest
is the main ingredient for the application of Rule 24 and the
private interest of an individual to acquire more property
could never be public interest. But in my opinion, the afore
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
judgment does not support the submissions of
Sri.Sreevalsakrishnan, insofar as, as already found, the
property has not been assigned to any private person. The
learned counsel would also rely on a judgment of this court
in Mohandas K. v. State of Kerala [2024 (2) KLT 81] in
support of his contention. However, the afore judgment
considered a situation where a large extent of property (in
acres) was assigned to a Church for a meager amount of
Rs.100 per acre. Further, the claim was raised by petitioners,
who were tribals, that they had a better right over the land in
question for assignment. This Court also found that the land
was assigned to the applicant, who was an encroacher with
respect to the property in question, noticing further that
thousands of applications of tribals were pending for getting
assignment under provisions of the Statute. But in the case
at hand, the assignment was in the year 1985, and after
collecting Rs.750/- per cent, which cannot be found as
surprisingly low or inadequate then. The judgment in
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
Varghese Kurian v. State of Kerala [2023 (5) KLT 427]
also may not have any application insofar as this Court
rendered the afore judgment with reference to a construction
undertaken deviating from the purpose of the assignment.
The judgment relied on by the learned counsel in Mahindra
Holidays & Resorts India Ltd. v. State of Kerala and
Others [2019 (2) KLT 978] also has no application since
that was a case where the land assigned for cultivation was
being used for running a resort.
15. On the other hand, I notice the judgment of a
Division Bench of this Court in Pushpavally v. State [1996
(2) KLT 197], wherein it is held that, if public interest is
established with reference to Rule 24, then the assignment
will not be open to challenge under Article 226 of the
Constitution of India. This Court also notices the judgment
in NSS Karayogam No.1300, Mundappally and Others v.
State of Kerala and Others [2020 (5) KLT 384] wherein
a learned Single Judge of this Court, with reference to Rule
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
24 of the Kerala Land Assignment Rules, has found as under:
"Para.23. Though public interest is often
identified synonymously with public welfare or
larger welfare of the society, it has to be
understood contextually in the background of
legislation. The Legislature while enacting the
Land Assignment Act had only intended to put
control over the unbridled power of the
executive Government to dispose of the
property. Public interest referred under R.24 of
the Land Assignment Rules has to be
understood to check the power of the
Government while it decides to dispose of State
property. That means that the Government
must act fairly and transparently without any
extraneous consideration. It is not necessary
that land assigned should be utilized for a public
purpose or larger welfare of the society. That is
the reason for referring to 'beneicial enjoyment'
in the Land Assignment Rules having mentioned
to adjoining registered holders. They also have
been recognized for assignment of State land.
If the power exercised by the Government is not
abuse and does not carry malice or bad faith, it
would satisfy the test of public interest."
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
"Para.25. The upshot of discussions as above
reflect the law on the power of the Executive
Government to dispose of State property is as
follows:
i. Executive Government has the power to
dispose and assign the State property to
an identifiable individual or entity on
public interest.
ii. Executive Government has no power to
assign the State property to identifiable
individual or entity if such assignment is
not relatable to the public interest of the
assignee without devising transparent
procedure and without giving an
opportunity to all.
iii. Executive Government has the power to
assign the State property in favour of any
persons or entity not relatable to the
public interest of such assignee by
devising the transparent procedure like
public auction or tender.
iv. The executive power of the State
Government co-exists with the power
conferred under R.24 of the Kerala Land
Assignment Rules.
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
v. The executive power of the State
Government to dispose of the property
dehors the procedures contemplated
under the Kerala Land Assignment Rules is
only based on public interest."
In the light of the afore, I am of the opinion that the
assignment in favour of the Church cannot be found fault
with.
16. This Court also notices that the petitioners in
W.P.(C) No.27942 of 2019 filed the application before the
Government (Ext.P17), seeking cancellation of the patta,
which application can only be traced to the provisions of Rule
21(9) of the Kerala Land Assignment Rules. However, a
Division Bench of this Court, in Karimtharuvi Tea Estates
v. State of Kerala [1991 (1) KLT 33] has found the afore
provision to be void and unenforceable. In the light of the
afore, the Government was not justified in having acted upon
Ext.P17 application filed challenging the patta. I also notice
that the fact that a Kappela was existing even when the
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
assignment was effected in 1980's is recorded in Ext.P12
report of the Tahsildar, Paravur, dated 28.06.1984. Therefore,
the findings, to the contrary, in the impugned order cannot
be sustained for that reason also.
17. At this juncture, this Court notices that the
petitioners in W.P.(C) No.27942 of 2019 have a contention
that there was a pathway having a width of two meters, which
is stated to have been encroached by the Church. They have
also sought for restoration of the original pathway in its
original position. In my opinion, the afore claim cannot be
adjudicated in a writ petition under Article 226 of the
Constitution of India and it is for the parties to work out their
remedies elsewhere.
In the result, these writ petitions would stand disposed
of as under:
(i) The order dated 27.07.2019, produced as Ext.P12
in W.P.(C) No.8088 of 2020, is set aside.
(ii) W.P.(C) No.27942 of 2019 would stand dismissed.
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
(iii) The contentions raised by the petitioners in W.P.(C)
No.27942 of 2019 with reference to the pathway,
as prayed for, in Sl.No.(3) of the reliefs portion is
left open.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//07.01.2025
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
APPENDIX OF WP(C) NO.27942 OF 2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BEFORE
PARAVUR TAHSILDAR DATED 05.12.2013.
EXHIBIT P2 TRUE COPY OF GOVERNMENT ORDER
G.O(MS)NO.844/85/RD DATED 18.09.1985 ISSUED BY
UNDER SECRETARY REVENUE DEPARTMENT
EXHIBIT P3 TRUE COPY OF THE PATTA DATED 03.06.1994 ALONG
WITH SKETCH GIVEN BY PARAVUR TAHSILDAR TO THE
7TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21.02.2017
SUBMITTED BEFORE KARUMALLOOR VILLAGE OFFICER.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 17.07.2017.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 19.07.2017 OF
ADDITIONAL DISTRICT MAGISTRATE,ERNAKULAM.
EXHIBIT P7 TRUE COPY OF THE REPORT ALONG WITH SKETCH OF
KARUMALLOOR VILLAGE OFFICER,DATED 21.07.2017.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE ADDITIONAL
DISTRICT MAGISTRATE,ERNAKULAM DATED 31.07.2017
EXHIBIT P9 TRUE COPY OF THE LETTER TO REVENUE MINISTER
ALONG WITH APPLICATION FOR PATTA DATED
03.02.1983.
EXHIBIT P10 TRUE COPY OF THE REPORT OF REVENUE INSPECTOR
DATED 20.12.1983
EXHIBIT P11 TRUE COPY OF THE RULE 12(1)NOTICE DATED
09.01.1984.
EXHIBIT P12 TRUE COPY OF THE REPORT OF THE TAHSILDAR
PARAVUR DATED 28.06.1984.
EXHIBIT P13 TRUE COPY OF THE APEAL FILED BY THE 7TH
RESPONDENT BEFORE REVENUE MINISTER DATED
18.09.1985.
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF THE
MEMORANDUM GIVEN TO THE PARAVUR TAHSILDAR.
EXHIBIT P15 TRUE COPY OF THE RESOLUTION NO.15 DATED
19.06.1989 OF KARUMALOOR PANCHAYAT.
EXHIBIT P16 TRUE COPY OF THE LETTER ISSUED BY THE
KARUMALOOR GRAMA PANCHAYATH PRESIDENT ON
04.07.1989.
EXHIBIT P17 TRUE COPY OF THE PETITION FILED BEFORE THE
REVENUE SECRETARY DATED 16.10.2017
EXHIBIT P18 TRUE PHOTOGRAPHS OF THE EXACT POSITION OF THE
62.125 CENTS AND WAY TO ABDUL KAREEM AND
MATHACHAN PROPERTY.
EXHIBIT P19 TRUE COPY OF THE MINUTES OF THE MEETING DATED
19.12.2017 OF DISTRICT COURT.
EXHIBIT P20 TRUE COPY OF THE STATEMENT FILED BY THE 4TH
RESPONDENT IN W.P(c)NO.3866 OF 2018.
EXHIBIT P21 TRUE COPY OF THE JUDGMENT DATED 02.04.2019 IN
WP(C)NO.3866 OF 2018.
EXHIBIT P22 TRUE COPY OF THE COMMISSION REPORT AND SKETCH
IN O.S.NO.457 OF 2017 OF MUNSIFF
COURT,PARAVUR.
EXHIBIT P23 TRUE COPY OF THE ORDER DATED 11.04.2019 PASSED
IN I.A.NO.1616 OF 2017 IN O.S.NO.457 OF 2017
OF MUNSIFF COURT,NORTHY PARAVOOR.
EXHIBIT P24 TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT NUMBERED AS G.O(MS)NO.240/2019/
REVENUE DATED 27.07.2019.
EXHIBIT P25 TRUE PHOTOS SHOWING THE OBSTRUCTION OF PATHWAY
BY THE COMPOUND WALL AND KAPPELA CONSTRUCTED
EXHIBIT P26 TRUE PHOTOS SHOWING THE CUTTING DOWN OF TREES
IN THE PURAMBOKE LAND
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
EXHIBIT P27 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE
THE 3RD RESPONDENT
EXHIBIT P28 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE
EXT.P27 COMPLAINT
RESPONDENTS' EXHIBITS:
EXHIBIT R7(A) TRUE COPY OF THE TAX RECEIPT BEARING NO.707
DATED 12.3.1997 ISSUED BY THE VILLAGE OFFICER,
KARUMALLOOR
EXHIBIT R7(B) TRUE COPY OF THE ORDER OF ASSIGNMENT DATED
18.9.1985 BEARING NO.844/85/RD
EXHIBIT R7(C) TRUE COPY OF THE PATTA BEARING B-11837/87
DATED 3.06.1994 BY THE TAHSILDAR PARAVUR
EXHIBIT R7(D) THE PHOTOGRAPHS OF THE PATHWAY LEADING TO THE
CHURCH AND THE CHURCH
EXHIBIT R7(E) TRUE COPY OF THE SUIT O.S.457 OF 2017 DATED
20.7.2017 ON THE FILE OF THE MUNSIFF'S COURT
NORTH PARUR
EXHIBIT R7(F) TRUE COPY OF THE ORDER OF INJUNCTION IN
I.A.NO.1616 OF 2017 IN O.S.457 OF 2017 ON THE
FILE OF THE MUNSIFF'S COURT NORTH PARUR DATED
27.7.2017
EXHIBIT R7(G) TRUE COPY OF THE ORDER DATED 11.4.2019 IN
I.A.1616 OF 2017 IN O.S.457 OF 2017 ON THE
FILE OF MUNSIFF'S COURT NORTH PARUR
EXHIBIT R7(H) TRUE COPY OF THE PHOTOGRAPH OF THE ARCH PLACED
IN THE PATHWAY LEADING TO THE CHURCH
EXHIBIT R7(I) TRUE COPY OF THE ORDER BEARING NO.M6-5645/17
DATED 31.7.2017 ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE FORT KOCHI
EXHIBIT R7(J) TRUE COPY OF THE ORDER DATED 9.8.2017 IN
CRL.R.P.939 OF 2017 OF THIS HONOURABLE COURT
EXHIBIT R7(K) THE TRUE COPY OF THE LETTER OF REQUEST
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
SUBMITTED BY THE 2ND AND 5TH PETITIONER DATED
17.6.1994 BEFORE THE CHURCH AUTHORITY
EXHIBIT R7(L) TRUE COPY OF THE LETTER DATED 4.12.2017 ISSUED
BY K.A.JOSEPH, MEMBER OF THE CHURCH TO THE
PUBLIC INFORMATION OFFICER, ALANGAD BLOCK
PANCHAYAT
EXHIBIT R7(M) TRUE COPY OF THE REPLY DATED 22.12.2017 ISSUED
BY THE PUBLIC INFORMATION OFFICER ALANGAD
BLOCK PANCHAYAT TO K.A. JOSEPH
EXHIBIT R7(N) TRUE COPY OF THE LETTER DATED 29.8.2017 ISSUED
BY KARUMALOOR GRAMA PANCHAYAT
EXHIBIT R7(O) THE TRUE COPY OF THE REPORT DATED 20.12.1983
PREPARED BY THE REVENUE INSPECTOR ALANGAD WITH
REGARD TO THE PROPERTY TO BE ASSIGNED IN
FAVOUR OF THE CHURCH SHOWING THE LIE OF THEH
PROPERTY
EXHIBIT R7(P) TRUE COPY OF THE JUDGMENT DATED 2.4.2019 IN
W.P.C.3866 OF 2018
EXHIBIT R7(Q) TRUE COPY OF THE GOVERNMENT ORDER BEARING
NO.G.O.(RT)NO.240/2019/REVENUE DATED 27.7.2019
EXHIBIT R7(R) TRUE COPY OF THE ORDER DATED 9.10.2019 IN
R.P:.NO 454 OF 2019
EXHIBIT R7(S) TRUE COPY OF THE SURVEY PLAN PERTAINING TO THE
PROPERTY ASSIGNED TO THE CHURCH AND THE TWO
METER PATHWAY WHICH IS MADE AVAILABLE FOR THE
RESPONDENTS FOR INGRESS AND EGRESS TO THEIR
PROPERTY ISSUED BY THE SURVEY AUTHORITIES
EXHIBIT R7(T) TRUE COPY OF THE REPORT DATED 23.11.2017 OF
THE TAHSILDAR PARAVUR ISSUED AS PER R.T.I.
APPLICATION OF THE 7TH RESPONDENT ALONG WITH
THE LETTER DATED 11.12.2017 OF THE PUBLIC
INFORMATION OFFICER
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
APPENDIX OF WP(C) NO.8088 OF 2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER OF AUTHORIZATION
ISSUED BY THE BISHOP OF VARAPUZHA ARCHDIOCESE
DATED 09.1.2017
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT BEARING NO.707
DATED 12.3.1997 ISSUED BY THE VILLAGE OFFICER,
KARUMALLOOR
EXHIBIT P3 TRUE COPY OF THE ORDER OF ASSIGNMENT DATED
18.09.1985 BEARING NO.844/85/RD
EXHIBIT P4 TRUE COPY OF THE PATTA BEARING B-11837/87
DATED 3.06.1994 BY THE TAHSILDAR PARAVUR
EXHIBIT P5 THE PHOTOGRAPHS OF THE PATHWAY LEADING TO THE
CHURCH AND THE CHURCH
EXHIBIT P6 TRUE COPY OF THE SUIT O.S.457 OF 2017 DATED
20.06.2017 ON THE FILE OF THE MUNSIFF'S COURT,
NORTH PARUR
EXHIBIT P7 TRUE COPY OF THE ORDER OF INJUNCTION IN IA
NO.1616/2017 IN OS.457/2017 ON THE FILE OF THE
MUNSIFF'S COURT NORTH PARUR DATED 27.7.2017
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 11.4.2019 IN IA
1616 OF 2017 IN O.S 457/2017 ON THE FILE OF
THE MUNSIFF'S COURT NORTH PARUR
EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPH OF THE ARCH PLACED
IN THE PATHWAY LEADING TO THE CHURCH
EXHIBIT P10 TRUE COPY OF THE ORDER BEARING NO.M6-5645/17
DATED 31.7.2017 ISSUED BY THE ADDITIONAL
DISTRICT MAGISTRATE FORT KOCHI
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 09.08.2017 IN
CRL.MA.4219/17 IN CRL.R.P.939/2017 OF THE
HONOURABLE COURT
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 27.7.2019 ISSUED
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
BY THE FIRST RESPONDENT BEARING NO.BEARING
GO(RT)NO.240/2019/REV DATED 27.7.2019
EXHIBIT P13 TRUE COPY OF THE PATTA SKETCH AND THE REVENUE
REPORT PREPARED BY THE TEHSILDAR, NORTH
PARAVUR AT THE TIME OF GRANT OF PATTA TO THE
PETITIONER
EXHIBIT P14 TRUE COPY OF THE LETTER OF REQUEST SUBMITTED
BY THE RESPONDENTS 8 AND 11 DATED 17.06.1994
BEFORE THE CHURCH AUTHORITY
EXHIBIT P15 TRUE COPY OF THE LETTER DATED 4.12.2017 ISSUED
BY K.A. JOSEPH, MEMBER OF THE CHURCH TO THE
PUBLIC INFORMATION OFFICER, ALANGAD BLOCK
PANCHAYAT
EXHIBIT P16 TRUE COPY OF THE REPLY DATED 22.12.2017 ISSUED
BY THE PUBLIC INFORMATION OFFICER ALANGAD
BLOCK PANCHAAT TO K.A.JOSEPH
EXHIBIT P17 TRUE COPY OF THE LETTER DATED 29.08.2017
ISSUED BY KARUMALOOR GRAMA PANCHAYAT
EXHIBIT P18 TRUE COPY OF THE REPORT DATED 20.12.1983
PREPARED BY THE REVENUE INSPECT ALANGAD WITH
REGARD TO THE PROPERTY TO BE ASSIGNED IN
FAVOUR OF THE CHURCH SHOWING THE LIE OF THE
PROPERTY
RESPONDENTS' EXHIBITS:
EXHIBIT R7(A) TRUE COPY OF THE REPORT AND SKETCH DATED
20.12.1983 OF REVENUE INSPECTOR ALANGAD.
EXHIBIT R7(B) TRUE PHOTOGRAPHS OF THE PRESENT EXACT POSITION
OF 62.125 CENTS AND WAY TO ABDUL KAREEM &
MATHACHAN'S PROPERTY.
EXHIBIT R7(C) TRUE COPY OF THE REPORT ALONG WITH SKETCH
DATED 21.07.2017 OF KARUMALLOOR VILLAGE
OFFICER.
EXHIBIT R7(D) TRUE COPY OF THE RULE 12(1) NOTICE DATED
09.01.1984.
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
EXHIBIT R7(E) TRUE COPY OF THE RELEVANT PAGES OF THE
PETITION SUBMITTED BY THE LOCAL PEOPLE TO
TAHASILDAR.
EXHIBIT R7(F) TRUE COPY OF THE RESOLUTION NO.15 PASSED BY
THE KARUMALLOOR GRAMA PANCHAYAT DATED
19.06.1989.
EXHIBIT R7(G) TRUE COPY OF THE LETTER DATED 04.07.1989
ISSUED BY THE KARUMALLOOR PANCHAYAT PRESIDENT.
EXHIBIT R7(H) TRUE COPY OF THE COMMISSION REPORT AND SKETCH
SUBMITTED BY THE ADVOCATE COMMISSIONER DEEPU
K.V.BEFORE PARUR MUNSIFF COURT IN
O.S.457/2017.
EXHIBIT R7 (I) TRUE COPY OF THE OBJECTION DATED 15.09.2020
ANNEXURE C1 A TRUE COPY OF THE NOTICE DATED 03.08.2020
ANNEXURE C2 A TRUE COPY OF THE COMMUNICATION DATED
06.08.2020 ISSUED BY THE SENIOR SURVEYOR
ANNEXURE C3 A TRUE COPY OF THE NOTICE DATED 11.09.2020
ANNEXURE C4 A TRUE COPY OF THE NOTICE DATED 06.11.2020
ANNEXURE C5 A TRUE COPY OF THE MAIN SKETCH WITH PROPER
MEASUREMENTS PREPARED BY THE HEAD SURVEYOR
ANNEXURE C6 A TRUE COPY OF THE SKETCH NO.3
ANNEXURE C7 TRUE COPY OF THE PHOTOGRAPHS OF THE BOUNDARY
WALL AND TREES.
ANNEXURE C8 TRUE COPY OF THE SKETCH NO.2
ANNEXURE C9 A TRUE COPY OF THE PHOTOGRAPH OF ARCH AND
KAPPELA
ANNEXURE C10 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY
OF THE 10TH RESPONDENT
ANNEXURE C11 TRUE COPY OF THE PHOTOGRAPH OF THE PATHWAY
THAT LEADS TO THE PROPERTY OF THE 11TH AND 8TH
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
RESPONDENT
ANNEXURE C12 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
KAPPELA AND ITS PREMISES
ANNEXURE C13 TRUE COPIES OF THE PHOTOGRAPHS OF THE CHURCH
AND PARISH HALL
ANNEXURE C14 TRUE COPIES OF THE RELEVANT PHOTOGRAPHS OF
WELL AND TREES
ANNEXURE C15 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF
THE 10TH RESPONDENT'S DAUGHTER JAMSHEENA
ANNEXURE C16 TRUE COPIES OF THE PHOTOGRAPHS OF THE PATHWAY
LEADS TO THE PROPERTY OF THE 8TH AND 11TH
RESPONDENT
ANNEXURE C17 THE COPY OF THE MEASUREMENT REPORT SHOWING THE
DETAILS AND ACTUAL EXTENT OF THE SUBJECT
PROPERTY
