Citation : 2025 Latest Caselaw 9072 Ker
Judgement Date : 23 September, 2025
2025:KER:69929
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WP(C) NO. 32937 OF 2023
PETITIONER:
SREE GOKULAM CHIT AND FINANCE CO. (P) LTD
HAVING ITS CORPORATE OFFICE AT SREE GOKULAM TOWERS
NO.66, ARCOT ROAD, CHENNAI, TAMILNADU, PIN 600024,
THROUGH ITS CHAIRMAN GOPALAN, S/O A.M. CHATHU,
AGED 78 YEARS , KODAMPAKKAM, CHENNAI.
BY ADVS.
SHRI.K.B.PRADEEP
SHRI.HARISANKAR R
SMT.NAMITHA SHAJI
RESPONDENTS:
1 THE DISTRICT SUPERINTENDENT OF POLICE
PALAKKAD, PIN - 678010
2 THE CIRCLE INSPECTOR OF POLICE
VADAKKENCHERRY, PALAKKAD, PIN - 678510
3 THE SUB INSPECTOR OF POLICE
VADAKKANCHERRY, PALAKKAD, PIN - 678510
4 M.K. SURENDRAN
S/O KUNCHU, MADAMPIKKATTIL HOUSE, VALUPARAMBA,
MANJAPRA PO, ALATHUR TALUK,
PALAKKAD DISTRICT, PIN - 678685
2025:KER:69929
W.P.(C) Nos.32937/2023 & 24269/2024
:2:
5 MANOJ
S/O MADHAVAN, ADIYATHU PADAM, AYAKKAD PO,
VADAKKANCHERY, PALAKKAD, PIN - 678683
6 RATHEESH K.
S/O KASHU, EMS NAGAR, MANANTH PARAMBA,
KANNAMBRA PO, VADAKKANCHERY,
PALAKKAD, PIN - 678686
7 BALASUBRAMANIAN
S/O KUNCHU, MADATHIL PARAMBA HOUSE,
KANNAMBRA PO, VADAKKANCHERY,
PALAKKAD, PIN - 678686
8 PRABHAKARAN V
S/O VEERAN, PORUVAYIL HOUSE, THACHANKUNNU,
AYAKKAD PO, VADAKKANCHERY,
PALAKKAD, PIN - 678683
* ADDL.9 SHAJAHAN , AGED 41 YEARS,
S/O V.S. SULAIMAN, SHA-MANZIL, AMMAKULAM,
P.O WADAKKAENCHERY, KANNAMBRA VILLAGE,
PALAKKAD DISTRICT, PIN-678683.
* ADDL.10 DAVOOD.S., AGED 32 YEARS,
S/O SHAHUL HAMEED, KARAYAKKAD HOUSE, P.O.
WADAKKENCHERRY, KANNAMBRA VILLAGE,
PALAKKAD DISTRICT,PIN -678683.
* ADDL.11 MANOJ C., AGED 36 YEARS,
S/O CHANDRAN, CHAPLITHARA HOUSE, PULIKOOTTAM,
P.O. MANJATHRA, PALAKKAD DISTRICT -678685.
* ADDL.12 PRABHATH, AGED 33 YEARS,
S/O K.M. MANI, KUNNUKKAD HOUSE, ARUMANGALAM,
KANNAMBRA, PALAKKAD DISTRICT, PIN-678686
(ADDITIONAL RESPONDENTS 9 TO 12 ARE IMPLEADED
AS PER ORDER DATED 08.01.2024 IN I.A.
NO.2/2023 IN THE WP(C))
* ADDL.13 RAJESH.K
AGED 43, S/O KRISHNAN, THACHAMKUNNU HOUSE,
AYAKKAD P.O, VADAKKENCHERY, PALAKKAD-678683.
2025:KER:69929
W.P.(C) Nos.32937/2023 & 24269/2024
:3:
(ADDITIONAL 13TH RESPONDENT IS IMPLEADED AS
PER ORDER DATED 24.01.2024IN IA.1/2024 IN THE
WP(C))
BY ADVS.
SHRI.G.KRISHNAKUMAR
SRI.SABU GEORGE
SHRI.P.B.KRISHNAN (SR.)
SRI.P.B.SUBRAMANYAN
SRI.MANU VYASAN PETER
SMT.AGNET JARARD
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 06.08.2025, ALONG WITH WP(C).24269/2024, THE
COURT ON 23.09.2025 DELIVERED THE FOLLOWING:
2025:KER:69929
W.P.(C) Nos.32937/2023 & 24269/2024
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025/1ST ASWINA, 1947
WP(C) NO. 24269 OF 2024
PETITIONER:
K D LENIN
AGED 57 YEARS
S/O. K G DAMODHARAN,
PERALY KALAM HOUSE, MANNAPRA PO,
PALAKKAD DISTRICT, PIN - 678685
BY ADVS.
SHRI.G.KRISHNAKUMAR
SMT.AGNET JARARD
RESPONDENTS:
1 DEPUTY DIRECTOR OF EDUCATION
O/O. THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD, PIN - 678001
2 DISTRICT EDUCATION OFFICER
PALAKKAD, PIN - 678001
3 THE CIRCLE INSPECTOR OF POLICE
VADAKKANCHERRY, PALAKKAD, PIN - 678510
4 SREE GOKULAM CHIT AND FINANCE CO. (P) LTD
HAVING ITS CORPORATE OFFICE AT SREE GOKULAM
TOWERS NO.66, ARCOT ROAD, CHENNAI, TAMILNADU
PIN- 600024, REPRESENTED BY ITS CHAIRMAN
2025:KER:69929
W.P.(C) Nos.32937/2023 & 24269/2024
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GOPALAN, S/O. A.M. CHATHU, AGED 78,
KODAMPAKKAM, CHENNAI
5 V.M. MEERA BHAI
W/O K C BALAN, KARAYIL HOUSE,
PERINJANAM VILLAGE, , KODUNGALLUR
TALUK,PERINJANAM PO
THRISSUR DISTRICT, PIN - 680686
6 MURALI MOHAN
AGED 34 YEARS
S/O K C BALAN, AGED 34, KARAYIL HOUSE,
PERINJANAM PO, KODUNGALLUR TALUK ,
PERINJANAM VILLAGE,
PERINJANAM PO, PIN - 680686
7 MANIKANTAN
AGED 38 YEARS
/O K C BALAN, AGED 38, KARAYIL HOUSE,
PERINJANAM PO, PERINJANAM VILLAGE,
PERINJANAM PO, PIN - 680686
8 MANAGER
CA HIGHER SECONDARY SCHOOL, AYAKKAD P.O,
PALAKKAD DISTRICT, PIN - 678673
9 PRINCIPAL
CA HIGHER SECONDARY SCHOOL, AYAKKAD P.O,
PALAKKAD DISTRICT, PIN - 678673
*ADDL.10 A.V.JOSE
AGED 80 YEARS
S/O VARGHESE, RESIDING AT ALUKKA HOUSE,
MISSION QUARTERS, EAST FORT,
THRISSUR, PIN - 680001.
(ADDITIONAL 10TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 11.04.2025 IN IA NO.1/2025)
BY ADVS.
SHRI.K.B.PRADEEP
SHRI.SANTHOSH P.PODUVAL
SRI.T.C.SURESH MENON
SMT.NAMITHA SHAJI
2025:KER:69929
W.P.(C) Nos.32937/2023 & 24269/2024
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SMT.R.RAJITHA
SMT.CHITHRA S.BABU
SRI.B.DEEPAK
SMT.ANNA ROSE
SRI. DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 06.08.2025, ALONG WITH WP(C).32937/2023, THE
COURT ON 23.09.2025 DELIVERED THE FOLLOWING:
2025:KER:69929
W.P.(C) Nos.32937/2023 & 24269/2024
:7:
CR
N. NAGARESH, J.
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W.P.(C) No.32937 of 2023
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Dated this the 23rd day of September, 2025
JUDGMENT
~~~~~~~~~
W.P.(C) No.32937/2023 has been filed by
the petitioner-Company seeking to direct respondents 1 to 3
to grant necessary police protection for enjoyment and
effectively using properties covered by Exts.P1 and P1(a)
without any obstruction from respondents 5 to 8 and persons
whom they represent.
2. W.P.(C) No.24269/2024 has been filed by
the petitioner whose daughter is studying in CA Higher
Secondary School, Ayakkad PO seeking to command
respondents 1 to 3 to ensure that the School ground of 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
CAHSS comprised in Re-survey No.172/2, Block No.44 of
Vadakkencherry-1 Village is used solely for the purpose of
CA Higher Secondary School and as playground of the said
School for the benefit of the students. Unless otherwise
specified, the parties and exhibits in these writ petitions are
referred to as they are described/marked in W.P.(C)
No.32937/2023 for convenience.
3. The petitioner-Company in W.P.(C)
No.32937/2023 states that they purchased 2.1583 Acres of
land in RS No.172/2 of Ayakkad Amsom as per Ext.P1
assignment deed dated 15.01.2010. Ext.P1 property was
purchased by late Balan from one Krishnamani and two
others as per Ext.P2 assignment deed No.837/2006. The
said property was set apart to them as D Schedule in Ext.P3
registered partition deed No.1962/2003. The petitioner
therefore has absolute title over Exts.P1 and P1(a) properties
which are lying as a single compact plot.
4. The petitioner-Company owns a Football
Club by name "Gokulam Kerala Football Club". The 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
petitioner intends to use the land effectively as a regular
practice ground for the Club teams. In 2018, when the
petitioner took steps to measure the property with the help of
revenue authorities, the 9th respondent and others obstructed
measurement. The petitioner hence filed OS No.296/2018 in
the Munsiff's Court, Alathur. The Suit was decreed ex-parte
as per Ext.P9 judgment dated 30.03.2019.
5. Thereafter, when the petitioner undertook
ground levelling works in the property, respondents 5 to 8
obstructed the work. The petitioner filed W.P.(C)
No.17844/2019 seeking police protection. This Court did not
grant police protection holding that the issue involves
adjudication of a civil dispute. The 4th respondent, in the
meanwhile, in his capacity as President of the PTA, filed OS
No.352/2019 in the Munsiff's Court, Alathur. No evidence
was adduced in the Suit and the Suit was dismissed for
default as per Ext.P11 order dated 16.08.2023.
6. The petitioner states that certain persons
are obstructing utilisation of the petitioner's property alleging 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
that the property was once used as playground of the nearby
School. Nobody goes to court or contests cases to establish
the said claim. Instead, they continued to cause physical
obstruction. Though the petitioner filed complaint before the
3rd respondent-Sub Inspector, the police has not given
effective police protection. Hence, the petitioner is before this
Court.
7. In W.P.(C) No.24269/2024, the petitioner
claims that his daughter is studying in CA Higher Secondary
School. The School was established in 1941. The School
has playground having 2 Acres and 15.83 Cents of land in
Block No.44, Re-survey No.172/2/7 of Vadakkanchery
Village. As per the records of the 2nd respondent-DEO, the
said property is School ground of CA HSS. In fact, the said
land is the only playground which is being used by the School
students as playground.
8. The D Schedule of Ext.P3 partition deed
1962/2003 jointly devolved the property on one Krishnamani,
Duraiswami and Narayanaswami. The said D Schedule is 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
the CA HSS building, School property and playground. The
said School ground is part and parcel of the School. As per
the records of the educational authorities, the said property is
a School ground.
9. As per Ext.P2 sale deed No.837/2006, one
Balan became the owner of the School and its properties.
After the death of Balan, his legal heirs sold the School
ground to the petitioner-Company as per sale deed
No.161/2010. Later, ownership and management of the
School was sold to Karunya Education Trust. The Karunya
Education Trust sold the ownership and management of the
School to Prachodan Development Services.
10. The petitioner in W.P.(C) No.24269/2024
states that as per Section 2(9) of the Kerala Education Act,
the term "School" will include playground also. As per Rule 3
Chapter IV KER, every School shall have a suitable
playground. As per the provisions of Chapter X KER,
permission of educational authority has to be obtained to
transfer any property of an Aided School. Section 6 of the 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
Kerala Education Act also provides that properties of a
School cannot be alienated without the permission of the
educational authorities. In Ext.P2 written statement filed by
the DEO in OS No.352/2019, the DEO has categorically
stated that no permission is obtained from the DEO to
transfer the School ground in favour of the petitioner-
Company.
11. The transfer of the School ground, if any, is
therefore illegal. The School as well as the educational
authorities are bound to protect the School ground in larger
public interest. The petitioner in W.P.(C) No.32937/2023
cannot be permitted to usurp the School ground illegally.
12. The 2nd respondent submitted that the
previous owner of the property Sri. Balan pledged the
property to the petitioner-Company for availing a chitty. After
the demise of Balan, his legal heirs executed a registered
deed conveying the property to the petitioner-Company in the
year 2010. The petitioner-Company is possessing ownership
of the land since 2010 and they are paying land tax also. The 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
local residents/parents stated that the School was opened in
the year 1941 and since then, the disputed land was used as
School ground. District School Sports Meets and State Level
Sports Meet are conducted in this School ground. In the year
2010, the School was upgraded as Higher Secondary
showing this ground as School ground. When the petitioner-
Company attempted to destroy the ground, local citizens
objected to the same. At present, there is no law and order
situation.
13. The additional 13th respondent alleged that
there is suppression of material facts in the writ petition and
the petitioner is deliberately producing fabricated documents
to mislead this Court. The property covered by the deed is
the playground of the School. It is so described in Ext.P3
partition deed itself.
14. I have heard the learned counsel for the
petitioners in both the writ petitions, the learned Government
Pleader appearing for the official respondents and the
respective learned counsel appearing for the contesting 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
respondents.
15. In W.P.(C) No.32937/2023, the petitioner-
Company is seeking police protection for enjoyment of their
property. The petitioner in W.P.(C) No.24269/2024 argues
that the said property is School ground of CA HSS Ayakkad
and the said School ground should be kept apart for the
benefit of the students of the School.
16. The disputed property is in RS No.172/2 of
Ayakkad Amsom. The property was purchased by late Balan
as per Ext.P2 registered assignment deed No.837/2006.
Balan purchased the said property from Krishnamani and two
others, who are children of late Padmanabha Sharma. In
Ext.P3 prior deed / partition deed No.1962/2003 of SRO,
Vadakkencherry, the property was set apart to them as D
Schedule. The petitioner purchased the property as per
Ext.P1 assignment deed No.161/2010 dated 15.01.2010.
17. Going by the registered conveyance deeds,
it is the petitioner-Company which is the owner of the
property, and now paying land tax. Neither the contesting 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
respondents or School authorities possess any documents to
claim that the property which is alleged to be a School ground
belongs to the School. Even the School authorities would
submit that they do not have any document in possession to
show that the School is the owner of the disputed property.
18. The contention of the contesting
respondents is that the land was an integral part of the
School since 1941. In Ext.P3 prior title deed, the land in
question is described as Ayakkad High School ground. The
term "School" would include School playground also as per
Section 2(9) of the Kerala Education Act and School
properties cannot be alienated without the permission of
educational authorities in view of Section 6 of the Kerala
Education Act. As School ground is an integral part of the
School, it cannot be alienated at all, contend the contesting
respondents.
19. However, it is to be kept in mind that the
petitioner-Company is holding title deeds in respect of the
property which are not challenged from any quarters 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
successfully. Even the School authorities do not have a case
that they hold title documents to establish that when the
School was transferred to them, the School ground was also
transferred.
20. It is to be further noted that the land which is
stated to be playground is situated 500 metres away from the
School. The fact that the said ground was earlier used for
conducting District and State Level School Sports Meets
cannot be taken as an indicator to hold that the playground
belongs to CA HSS.
21. The statement filed by the 2nd respondent-
Circle Inspector of Police would show that after the demise of
Balan, his heirs have registered a document in the name of
the petitioner-Company in the year 2010. Since 2010, the
petitioner-Company is in possession and ownership of the
land. The Company is paying tax for the land. OS
No.296/2018 filed by the petitioner-Company in the Munsiff's
Court, Alathur was disposed of in favour of the Company.
OS No.352/2019 filed against the Company was also 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
disposed of in favour of the Company.
22. In the afore circumstances, there is prima
facie evidence that the petitioner-Company is the owners of
the disputed land who are in possession. Therefore, if the
petitioner-Company is maintaining the land or if they are
levelling that land for any purpose, third parties cannot
physically obstruct the same contending that it is a School
ground. This would be especially so when the School
authorities have no claim that they are in possession of any
title documents to claim ownership of the said land.
23. The parties claiming right on the basis of
documents are entitled to be in possession of the property
and that possession cannot be disturbed by unlawful acts of
persons who do not claim possessory right over the property.
If lawful possession is disturbed by persons having no
personal right to possession, police protection has to be
granted.
In the facts of the case, W.P.(C)
No.32937/2023 is allowed. Respondents 1 to 3 are directed 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
to grant necessary police protection to the petitioner-
Company for enjoyment and effectively using properties
covered by Exts.P1 and P1(a) without any obstruction from
respondents 5 to 8 and persons whom they represent. W.P.
(C) No.24269/2024 is dismissed.
Sd/-
N. NAGARESH, JUDGE aks/18.09.2025 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
APPENDIX OF WP(C) 32937/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.161/2010 DATED 15.01.2010 Exhibit P1(a) TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.162 OF 2010 DATED 15.01.2020 Exhibit P2 TRUE COPY OF THE DOCUMENT NO.837/2006 DATED 02.03.2006 Exhibit P2(a) TRUE COPY OF THE DOCUMENT NO.839/2006 DATED 07.03.2006 Exhibit P3 TRUE COPY OF THE REGISTERED PARTITION DEED NO.1962/2003 DATED 09.06.2003, S.R.O., ALATHUR Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY VILLAGE OFFICER, VADAKKANCHERRY DATED 28.06.2023 Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12.09.2023 Exhibit P6 TRUE COPY OF THANDAPER ACCOUNTS DATED 29.08.2018 Exhibit P7 TRUE COPY OF THANDAPER ACCOUNTS DATED 29.08.2018 Exhibit P8 TRUE COPY OF THE PLAINT IN O.S. NO.296/2018 DATED 12.09.2018, MUNSIFF COURT, ALATHUR Exhibit P9 TRUE COPY OF THE JUDGMENT IN O.S. 296/2018 ON THE FILE OF THE MUNSIFF COURT, ALATHUR DATED 30.03.2019 Exhibit P10 TRUE COPY OF THE PLAINT DATED 30.09.2019 IN O.S. 352/2019 BEFORE THE COURT OF THE MUNSIFF OF ALATHUR Exhibit P11 TRUE COPY OF THE ORDER DATED 16.08.2023. IN O.S. NO.352/2019 ON THE FILE OF MUNSIFF COURT, ALATHUR, Exhibit P12 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 25.09.2023 RESPONDENT'S ANNEXURES
Annexure R2(a) True copy of the statement of the Manager of Sree Gokulam Chits and 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
Finanace Pvt Ltd Annexure R2(b) True copy of the statement of 4th respondent Sri M K Surendran Annexure R2(c) True copy of the of the statement of Smt Elsa Jose Palatti Exhibit-R13(a) The certified copy of the Partition deed dated 09-06-2003 registered as Doc.No.1962/2023 in SRO Alathur PETITIONER'S EXHIBITS
EXHIBIT P 13 True copy of the Digitally prepared plan showing the lie of my property comprised in R.Sy No.172/2 and the School property in Re Sy 134,135 and
EXHIBIT P14 True copy of the arial photograph showing the location of property and the school EXHIBIT P15 The Photographs showing the new building block by the present school management.
EXHIBIT R16 The Photographs showing the new building block by the present school management.
RESPONDENT'S EXHIBITS
Exhibit R4 (a) True copy of the Written Statement of the DEO filed in OS No.352/19 on the files of the Munsiff Court, Alathur dated 07.01.2020 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
APPENDIX OF WP(C) 24269/2024
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE SALE DEED NO.161/2010 OF VADAKKENCHERRY SRO DATED 09.08.2023 Exhibit P-2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEO IN OS NO. 352/2019 DATED 07.01.2020 RESPONDENT'S EXHIBITS
EXHIBIT R4 A True copy of the partition deed dt.
9.6.2003 of SRO, Alathur EXHIBIT R4 B True copy of the sale deed no.
839/2006 dt 7/3/2006 EXHIBIT R4 C True copy of the registered sale Deed No.161/2010 dated 15.01.2010 EXHIBIT R4 D True copy of the registered Assignment Deed No.162 of 2010 dated15.01.2020 EXHIBIT R4 E True copy of the tax receipt dt.28.6.2023 EXHIBIT R4 F A Digitally prepared plan showing the lie of property comprised in R.Sy No.172/2 and the School property in Re Sy 134,135 and 139 EXHIBIT R4 G A arial photograph showing the location of property and the school compound EXHIBIT R4 H A Photographs showing the School has put up a new building in an open ground in front of its basketball ground EXHIBIT R4 I A Photographs showing the portion of the ground has been utilised for putting up a new building block by the present school management.
EXHIBIT R4 J True copy of the judgment in O S No.352/2019 is already dismissed on 16.8.2023.
Exhibit -R8(a) A copy of Document No. 1784/23 of Vadakkenchery SRO Exhibit -R8(b) A copy of order dated 8/2/23 issued by Additional Director, General Education 2025:KER:69929 W.P.(C) Nos.32937/2023 & 24269/2024
Exhibit -R8(c) A copy of letter dated 14/3/24 issued by The District Educational Officer, Palakkad to the Manager, CA Higher Secondary School, Ayakkad Exhibit -R8(d) A copy of representation dated 19/6/19 submitted by residents of Vadakkenchery before District Education Officer, Palakkad Exhibit -R8(e) A copy of certified copy of the document No. 1962/2003 of Vadakkenchery SRO PETITIONER'S EXHIBITS
Exhibit P-3 True copy of the front page of SSLC Book of the Petitioner Exhibit P-4 True copy of the certified copy of the Partition Deed No.899/94 of Vadakkancherry SRO
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