Citation : 2026 Latest Caselaw 1606 Ker
Judgement Date : 13 February, 2026
2026:KER:13388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
FRIDAY, THE 13 DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 29216 OF 2025
PETITIONER/S:
UNAISE P M
AGED 41 YEARS
S/O MOOSA, FARISA MANSIL,
THALAYOLAPARAMPU P.O,
KOTTAYAM, PIN - 686605
BY ADV KUM.CHITHRA CHANDRASEKHARAN
RESPONDENT/S:
1 NEEZHOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE NJEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
2 THE SECRETARY
NEEZHOOR GRAMA PANCHAYAT,
OFFICE OF THE NEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
3 THE DISTRICT TOWN PLANNER
DISTRICT TOWN PLANNING OFFICE 4TH FLOOR,
KAIPURAM APARTMENTS,
DISTRICT PANNING SECRETARIAT,
COLLECTORATE,KOTTAYAM,
PIN - 686002
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2
2026:KER:13388
4 THE SECRETARY(TECHNICAL AND ADMINISTRATION)
KERALA REAL ESTATE REGULATORY AUTHORITY,
TRINITY CENTRE,OPPOSITE CHAITHANAYA EYE HOSPITAL,
KESAVADASAPURAM,THIRUVANATHAPAURAM,
PIN - 695004
OTHER PRESENT:
SHRI.TOM JOSE,
SHRI.NANDAGOPAL S KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, ALONG WITH WP(C).29568/2025,
29639/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
3
2026:KER:13388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
FRIDAY, THE 13 DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 29568 OF 2025
PETITIONER/S:
SAIFUDEEN P T
AGED 51 YEARS
S/O THAHA, PUTHANPURAYIL ,
THALAYOLAPARAMPU P.O,
KOTTAYAM, PIN - 686605
BY ADV KUM.CHITHRA CHANDRASEKHARAN
RESPONDENT/S:
1 NEEZHOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE NJEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
2 THE SECRETARY
NEEZHOOR GRAMA PANCHAYAT,
OFFICE OF THE NJEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
3 THE DISTRICT TOWN PLANNER
DISTRICT TOWN PLANNING OFFICE 4TH FLOOR,
KAIPURAM APARTMENTS,
DISTRICT PANNING SECRETARIAT,
COLLECTORATE,KOTTAYAM,
PIN - 686002
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
4
2026:KER:13388
4 THE SECRETARY(TECHNICAL AND ADMINISTRATION)
KERALA REAL ESTATE REGULATORY AUTHORITY,
TRINITY CENTRE,OPPOSITE CHAITHANAYA EYE HOSPITAL,
KESAVADASAPURAM,THIRUVANATHAPAURAM,
PIN - 695004
SHRI.TOM JOSE,
SHRI.NANDAGOPAL S KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, ALONG WITH WP(C).29216/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
5
2026:KER:13388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
FRIDAY, THE 13 DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 29639 OF 2025
PETITIONER/S:
SHIHABUDEEN A.A
AGED 50 YEARS
S/O ABDUL MUTHALEEB, ALLANNOOR ,
THALAYOLAPARAMPU P.O,
KOTTAYAM, PIN - 686605
BY ADV KUM.CHITHRA CHANDRASEKHARAN
RESPONDENT/S:
1 NEEZHOOR GRAMA PANCHAYAT
REPRESENTED BY IT'S SECRETARY,
OFFICE OF THE NJEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
2 THE SECRETARY
NEEZHOOR GRAMA PANCHAYAT,
OFFICE OF THE NJEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
3 THE DISTRICT TOWN PLANNER
DISTRICT TOWN PLANNING OFFICE 4TH FLOOR,
KAIPURAM APARTMENTS,
DISTRICT PANNING SECRETARIAT,
COLLECTORATE,KOTTAYAM,
PIN - 686002
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
6
2026:KER:13388
4 THE SECRETARY(TECHNICAL AND ADMINISTRATION)
KERALA REAL ESTATE REGULATORY AUTHORITY,
TRINITY CENTRE, OPPOSITE CHAITHANAYA EYE HOSPITAL,
KESAVADASAPURAM,THIRUVANATHAPAURAM,
PIN - 695004
SHRI.TOM JOSE,
SHRI.NANDAGOPAL S KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, ALONG WITH WP(C).29216/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
7
2026:KER:13388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
FRIDAY, THE 13 DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 29899 OF 2025
PETITIONER/S:
SATHAR V.S.
AGED 51 YEARS
S/O SAINUDEEN, VEZHAVELIL ,
THALAYOLAPARAMPU P.O,
KOTTAYAM, PIN - 686605
BY ADV KUM.CHITHRA CHANDRASEKHARAN
RESPONDENT/S:
1 NEEZHOOR GRAMA PANCHAYAT
REPRESENTED BY IT'S SECRETARY,
OFFICE OF THE NJEEZHOORGRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
2 THE SECRETARY
NEEZHOOR GRAMA PANCHAYAT,
OFFICE OF THE NEEZHOOR GRAMA PANCHAYAT,
KADUTHURUTHY ROAD, KOTTAYAM,
PIN - 686612
3 THE DISTRICT TOWN PLANNER
DISTRICT TOWN PLANNING OFFICE 4TH FLOOR,
KAIPURAM APARTMENTS,
DISTRICT PANNING SECRETARIAT,
COLLECTORATE, KOTTAYAM,
PIN - 686002
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
8
2026:KER:13388
4 THE SECRETARY(TECHNICAL AND ADMINISTRATION)
KERALA REAL ESTATE REGULATORY AUTHORITY,
TRINITY CENTRE,OPPOSITE CHAITHANAYA EYE HOSPITAL,
KESAVADASAPURAM,THIRUVANATHAPAURAM,
PIN - 695004
SHRI.TOM JOSE,
SHRI.NANDAGOPAL S KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, ALONG WITH WP(C).29216/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
9
2026:KER:13388
JUDGMENT
In all these writ petitions, the petitioners are aggrieved by
the orders issued by the 1st respondent Panchayat and the
notices issued by the 4th respondent, the K-RERA. The impugned
notices are produced as Exts.P7 and P10 respectively, in all the
writ petitions. All the petitioners are the owners of separate
properties, wherein, they want to construct a residential building
for their own purposes. When they approached the respondents
1 and 2 for issuance of building permits, Ext.P7 orders were
passed by the 2nd respondent, pointing out that, the plots in
respect of which the permits are sought, are forming part of a
real estate project as defined under Section 2(zn) of the Real
Estate (Regulation and Development) Act, 2016 and therefore,
registration from K-RERA is necessary. Besides, in Ext.P7 orders,
it was also insisted that, the petitioners should obtain sanction
for the layout plan from the District Town Planner, as sub
division is done from the larger plot. As far as Ext.P10 notices
are concerned, those are issued by the K-RERA, requiring the
petitioners to submit a written explanation as to why the W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 proceedings shall not be initiated for violation of Section 3 of the
Real Estate (Regulation & Development) Act, 2016.
2. When these writ petitions came up for consideration
on 21.08.2025, a direction was issued to the 4 th respondent to
finalize the proceedings proposed as per Ext.P10, after taking
into account the objections raised by the petitioners as
evidenced by Ext.P11 and to pass an order after hearing them.
3. In compliance of the said interim order, now the K-
RERA has passed an order dated 09.01.2026, wherein, it was
found that the constructions which are sought to be carried out
by the petitioners, are not coming within the term "real estate
project" as defined under Section 2(zn) of the Real Estate
(Regulation & Development) Act, 2016 and hence no
registration is required for the same. Thus, the proceedings
proposed as per Ext.P10 notices are dropped. The copy of the
said order is produced by the learned Standing Counsel for the
4th respondent along with a memo dated 20 th January 2026.
Thus, in the light of the said order, the relief sought by the W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 petitioner with respect to the Ext.P10 notices need not be
considered.
4. What remains to be considered is the challenge
raised by the petitioners against Ext.P7 orders. Since one of the
directions in Ext.P7 was to obtain registration from the K-RERA,
in view of the order passed by the K-RERA, which is referred to
above, the same need not be insisted upon.
5. The next aspect highlighted in Ext.P7, is relating to
the requirement of approval for the layout plan. The specific
contention raised by the learned counsel for the petitioner in
this regard is that, as per Rule 31 (1) (xii) of the Kerala
Panchayat Building Rules 2019, it is provided that, the approval
from the District Town Planner is necessitated only in cases
where the number of residential plots exceeds 20 or if the area
of the land is above 0.5 hectars. In this case, the said
requirements are not in existence as the number of residential
plots is only four and the area is less than 0.5 hectars.
Therefore, insisting for the approval of the District Town Planner
is at all necessary. Going by the statutory stipulations as W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 referred to above, I find merit in the said submissions, and
hence Ext.P7 is to be interfered with to that extent.
6. Another aspect is with regard to the development
permit, which according to the petitioner is covered by the
decision rendered by a Division Bench of this Court in Panjal
Grama Panchayat, Thrissur and Another v. Aneesh P
[2022 KHC OnLine 235]. In the said decision after referring to
the various provisions in the Kerala Panchayat Building Rules, it
is held by this Court that, merely because the larger area is
divided into various small plots and provided with roads for
ingress and egress to the purchasers, the Secretary of the
Panchayat is not empowered for insist for development permit
when the application for building permit is submitted by the
purchaser of the small extent of plot. In this case, separate
applications are submitted by each petitioner, and all the said
applications are for small plots. Therefore, in the light of the
principles laid down by this Court in Panjal Grama Panchayat
(supra), the insistence of the development permits as per Ext.P7
is also not necessary.
W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 In such circumstances, these writ petitions are disposed of,
quashing Ext.P7, with a direction to the 1 st and 2nd respondents
to reconsider the applications submitted by the petitioner for
permits in the light of the observations made by this Court.
Appropriate decision shall be taken on the same, in accordance
with law, within a period of one month from the date of receipt
of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 APPENDIX OF WP(C) NO. 29216 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED BEARING DOCUMENT NO. 177/I/2024 DATED 03.02.2024 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL05051002718/2024, DATED 03.05.2024, ISSUED FROM THE VILLAGE OFFICE, NEEZHOOR, IN THE NAME OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE SAID APPLICATION, BEARING FILE NO. 05505090124002363477 DATED 3-5-2024, SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE PAYMENT RECEIPT, BEARING NO. 1240100252/G050204, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT AND DATED 03.05.2024 Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 10.03.2025, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT NO 400472/PTRE18/GENERAL/2025/987 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, DATED 11.03.2025, ACKNOWLEDGING THE REPRESENTATION Exhibit P7 A TRUE COPY OF THE LETTER BEARING NO.
SC2-987/2025 DATED 12.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, ALONG WITH A COPY OF THE POSTAL COVER SHOWING THE DATE OF RECEIPT Exhibit P8 A TRUE COPY OF THE CIRCULAR NO.
LSGD/IB1/298/2022 - LSGD DATED 16.03.2024, PERTAINS TO K-RERA REGISTRATION Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN W.P.(C) NO. 10269/2025 DATED 02.06.2025 W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 Exhibit P10 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. K-RERA/TL/1067/2025 ISSUED BY THE 4TH RESPONDENT DATED 10.06.2025 Exhibit P11 A TRUE COPY OF THE REPLY, DATED 17/07/2025, SUBMITTED BY THE PETITIONER BEFORE THE 4THRESPONDENT THROUGH REGISTERED POST Exhibit P12 A TRUE COPY OF THE JUDGMENT IN WP(C).NO.10269/2025, HON'BLE HIGH COURT OF KERALA DATED 29/07/2025 W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 APPENDIX OF WP(C) NO. 29568 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TITLE DEED NO.
179/I/2024 DATED 03/02/2024
Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT
NO.KL05051002719/2024 DATED
03/05/2024 ISSUED FROM THE VILLAGE OFFICE, NEEZHOOR IN THE NAME OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE APPLICATION, BEARING FILE NO. 05505090124002363473 DATED 03.05.2024, SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE PAYMENT RECEIPT NO.1240100264/G0502024 DATED 04/05/2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 10/03/2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 11/03/2025 Exhibit P7 A TRUE COPY OF THE LETTER BEARING NO.
SC2-988/2025 DATED 12.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, ALONG WITH A COPY OF THE POSTAL COVER SHOWING THE DATE OF RECEIPT Exhibit P8 A TRUE COPY OF THE CIRCULAR NO. LSGD
- IB1 /298/2022-LSGD DATED 16.03.2024 Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN W.P. (C) NO. 10313/2025 DATED 02.06.2025 Exhibit P10 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. K-RERA/TI/1067/2025 DATED 10-06- 2025 ISSUED BY THE 4TH RESPONDENT Exhibit P11 A TRUE COPY OF THE REPLY, DATED 17/07/2025, SUBMITTED BY THE PETITIONER BEFORE THE 4THRESPONDENT THROUGH REGISTERED POST W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388
Exhibit P12 A TRUE COPY OF THE JUDGMENT IN WPC.NO,10313/2025 BEFORE THE HONOURABLE HIGH COURT OF KERALA. DATED 29/07/2025 W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 APPENDIX OF WP(C) NO. 29639 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED BEARING DOCUMENT NO. 180/I/2024 DATED 03.02.2024 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL05051002717/2024, DATED 03.05.2024, ISSUED FROM THE VILLAGE OFFICE, NEEZHOOR, IN THE NAME OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE SAID APPLICATION, BEARING FILE NO. 05505090124002363479 DATED 03.05.2024, SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE PAYMENT RECEIPT, BEARING NO. 1240100253/G050204, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT AND DATED 03.05.2024 Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 11.03.2025, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, DATED 11.03.2025, ACKNOWLEDGING THE REPRESENTATION Exhibit P7 A TRUE COPY OF THE LETTER BEARING NO.
SC2-991/2025 DATED 12.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, ALONG WITH A COPY OF THE POSTAL COVER SHOWING THE DATE OF RECEIPT Exhibit P8 A TRUE COPY OF THE CIRCULAR Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN W.P.(C) NO. 10574/2025 DATED 02.06.2025 Exhibit P10 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. K-RERA/TI/1067/2025 DATED 10-6-2025 ISSUED BY THE 4TH RESPONDENT Exhibit P11 A TRUE COPY OF THE REPLY, DATED 17/07/2025, SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT THROUGH W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 REGISTERED POST
Exhibit P12 A TRUE COPY OF THE JUDGMENT IN WPC.NO.10574/2025 DATED 29/07/2025 OF THIS HON'BLE COURT W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 APPENDIX OF WP(C) NO. 29899 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED BEARING DOCUMENT NO. 178/I/2024 DATED 03.02.2024 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL05051002716/2024 DATED 03.05.2024, ISSUED FROM THE VILLAGE OFFICE, NEEZHOOR, IN THE NAME OF THE PETITIONER Exhibit P3 A TRUE COPY OF THE SAID APPLICATION, BEARING FILE NO.05505090124002363476 DATED 03.05.2024, SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE PAYMENT RECEIPT, BEARING NO. 1240100263/G050204, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT AND DATED 04.05.2024 Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 11.03.2025, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, DATED 11.03.2025, ACKNOWLEDGING THE REPRESENTATION Exhibit P7 A TRUE COPY OF THE LETTER BEARING NO.
SC2-990/2025 DATED 12.03.2025, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER, ALONG WITH A COPY OF THE POSTAL COVER SHOWING THE DATE OF RECEIPT Exhibit P8 A TRUE COPY OF THE SAID CIRCULAR NO.
LSGD-IB1/298/2022-LSGD DATED 16.03.2024 ISSUED BY THE GOVERNMENT Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN W.P. (C) NO. 11246/2025 DATED 02.06.2025 Exhibit P10 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. K-RERA/T1/1067/2025 DATED 10-6- 2025 ISSUED BY THE 4TH RESPONDENT W.P.(C) Nos.29216, 29568, 29639 and
29899 of 2025
2026:KER:13388 Exhibit P11 A TRUE COPY OF THE REPLY DATED 17/07/2025, SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT THROUGH REGISTERED POST Exhibit P12 A TRUE COPY OF THE JUDGMENT IN WPC.NO.11246/2025 DATED 29/07/2025 OF THIS HON'BLE COURT
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