Kerala High Court
M/S. Adani Vizhinjam Port Pvt. Ltd vs State Of Kerala on 24 January, 2025
1
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO.25830 OF 2010
PETITIONER:
1 CHITHARANJAN, AGED 83 YEARS, REISIDING AT MAHIMA,
NO.XI/2100, KAMALA NAGAR, KOWDIAR, THIRUVANANTHAPURAM.
2 DARSHAN, AGED 52 YEARS,
SON OF LATE CHITTARANJAN, AGED 52 YEARS, EMPLOYED AS
GROUP CAPTAIN, HQSAC, AIR FORCE, THIRUVANANTHAPURAM -
695001, RESIDING AT 'MAHIMA' NO XI/2100, KAMALA NAGAR,
KOWDIAR, THIRUVANANTHAPURAM - 695003.
(ADDITIONAL P2 IS IMPLEADED AS PER ORDER DATED
09/08/2024 IN IA 1/2022 IN WP(C)25830/2010)
BY ADVS.
SRI.R.S.KALKURA
SRI.M.AJAY IRUMPANAM
SRI.HARISH GOPINATH
SRI.M.S.KALESH
SRI.V.VINAY MENON
R.BINDU
SILPA S.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-01.
2 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-01.
ADDL.R3 M/S.ADANI VIZHINJAM PORT PVT.LTD.,
HAVING ITS REGISTERED OFFICE AT ADANI HOUSE,
2
W.P(C) No.25830 of 2010 2025:KER:5422
NR.MITHAKHALI SIX ROADS, NAVARANGPURA, AHMEDABAD,
GUJARAT - 380009 AND HAVING ITS BRANCH OFFICE AT 2ND
FLOOR, VIPANCHIKA TOWERS, THYCAUD, THIRUVANANTHAPURAM,
REPRESENTED BY CHIEF EXECUTIVE OFFICER.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 24.01.2025 IN
I.A.NO.2 OF 2020)
BY SRI.JAFFARKHAN Y, SENIOR GOVERNMENT PLEADER
ROSHEN.D.ALEXANDER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2024,
ALONG WITH WP(C).2294/2022, 22338/2018 AND CONNECTED CASES, THE COURT
ON 24.01.2025 DELIVERED THE FOLLOWING:
3
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 2294 OF 2022
PETITIONER:
M/S. ADANI VIZHINJAM PORT PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT ADANI CORPORATE HOUSE,
SHANTIGRAM, NR.VAISHNO DEVI CIRCLE, S.G.HIGHWAY
AHMEDABAD, GUJARAT - 382421 AND HAVING ITS BRANCH OFFICE
AT CITY OFFICE, 3RD FLOOR, ASPINWALL HOUSE,
KURAVANKONAM, THIRUVANANTHAPURAM -695 003,
REPRESENTED BY ITS MD & CEO SRI. RAJESH KUMAR JHA.,
PIN - 695003.
BY ADVS.
ROSHEN.D.ALEXANDER
TINA ALEX THOMAS
HARIMOHAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF PORTS AND FISHERIES, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O.,
THIRUVANANTHAPURAM -695 004.
3 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT
OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 004.
4 THE DISTRICT COLLECTOR, COLLECTORATE,
THIRUVANANTHAPURAM - 695 004.
BY SENIOR GOVERNMENT PLEADER, SRI.JAFFARKHAN Y.
4
W.P(C) No.25830 of 2010 2025:KER:5422
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2024,
ALONG WITH WP(C).25830/2010 AND CONNECTED CASES, THE COURT ON
24.01.2025 DELIVERED THE FOLLOWING:
5
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 22338 OF 2018
PETITIONERS:
1 RANJITH, AGED 70 YEARS,
S/O.LATE SADASIVAN, RESIDING AT PADMAGIRI,
POTHUJANAM LANE, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.
2 GEETHA, AGED 68 YEARS,
D/O.SUJATHA, RESIDING AT PADMAGIRI, POTHUJANAM LANE,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
3 SUDHA, AGED 64 YEARS,
D/O.SUJATHA, RESIDING AT PADMAGIRI,
POTHUJANAM LANE, MEDICAL COLLEGE P O,
THIRUVANANTHAPURAM.
4 LATHA, AGED 60 YEARS,
D/O.SUJATHA, RESIDING AT PADMAGIRI,
POTHUJANAM LANE,MEDICAL COLLEGE P O,
THIRUVANANTHAPURAM.
5 DEEPAK MOHAN, S/O.MOHANACHANDRAN, AGED 45 YEARS,
RESIDING AT PADMAGIRI, POTHUJANAM LANE,
MEDICAL COLLEGE P O, THIRUVANANTHAPURAM.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PINCODE-695001.
2 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM-695043.
6
W.P(C) No.25830 of 2010 2025:KER:5422
3 SUB COLLECTOR, THIRUVANANTHAPURAM,
CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695043.
4 VILLAGE OFFICER, NAGAROOR VILLAGE OFFICE,
NAGAROOR, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695601.
5 VIGILANCE AND ANTI CORRUPTION BUREAU,
SPECIAL INVESTIGATION UNIT-II, KUNCHALUMOODU,
THIRUVANANTHAPURAM-695002.
ADDL.R6 M/S.ADANI VIZHINJAM PORT PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT ADANI HOUSE,
NR.MITHAKHALI SIX ROADS, NAVARANGPURA, AHMEDABAD,
GUJARAT-380009 AND HAVING ITS BRANCH OFFICE AT 2ND
FLOOR, VIPANJIKA TOWERS, THYCAUD, THIRUVANANTHAPURAM.
(ADDL.R6 IMPLEADED AS PER ORDER DATED 05/10/2018 IN
IA.01/2018)
BY SENIOR GOVERNMENT PLEADER, SRI.JAFFARKHAN Y.
ROSHEN.D.ALEXANDER
SMT.TINA ALEX THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2024,
ALONG WITH WP(C).25830/2010 AND CONNECTED CASES, THE COURT ON
24.01.2025 DELIVERED THE FOLLOWING:
7
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 30260 OF 2010
PETITIONERS:
1 S.RANJITH, PARVATHY BHAVAN, PLAMOODU,
PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 GEETHA SADASIVAN, PADMAGIRI,
KUMARAPURAM, THIRUVANANTHAPURAM - 11.
3 SUDHA SADASIVAN, PADMAGIRI
KUMARAPURAM, THIRUVANANTHAPURAM-11.
4 LATHA SADASIVAN, PADMAGIRI
KUMARAPURAM, THIRUVANANTHAPURAM-11.
5 DR.DEEPAK MOHAN, REPRESENTED BY THE
POWER OF ATTORNEY HOLDER HIS MOTHER DR.USHA MOHANA,
CHANDRAN, RESIDING AT PADMAGIRI, KUMARAPURAM,
THIRUVANANTHAPURAM-11.
ADDL.P6 JANAKI RANJITH, AGED 35 YEARS,
DAUGHTER OF LATE MR. S RANJITH, T.C 12/200,
PARVATHY BHAVAN, PLAMOOD, PATTOM P.O,
THIRUVANANTHAPURAM.
(ADDL.P6 IS IMPLEADED AS PER ORDER DATED 09.08.2024 IN
I.A.NO.4/2024 IN W.P(C) NO.30260 OF 2010)
BY ADVS.
SRI.ANIL S.RAJ
SRI.G.ARUN GOPAN
SRI.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SMT.K.N.RAJANI
SMT.C.PRABITHA
SRI.SAJEN THAMPAN
8
W.P(C) No.25830 of 2010 2025:KER:5422
SIMI S. ALI
ARSHID.M.S.
BAHADUR SHAH ANAKKOT NASIRALI
RESPONDENTS:
1 DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-695001.
2 SENIOR SUPERINTENDENT,
INVESTIGATION WING, COLLECTORATE,
THIRUVANANTHAPURAM-695001.
ADDL.R3 M/S. ADANI VIZHINJAM PORT PVT.LTD
HAVING REGISTERED OFFICE AT ADANI HOUSE,
NR.MITHAKHALI SIX ROADS, NAVARANGPURA, AHMEDABAD,
GUJARAT-380009, AND HAVING ITS BRANCH OFFICE AT 2ND
FLOOR, VIPANCHIKA TOWERS, THYCAUD, THIRUVANANTHAPURAM.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05/11/2018 IN
IA.NO.01/2018)
ADDL.R4 MRS.PARVATHY RANJITH, AGED 41 YEARS,
DAUGHTER OF LATE MR. S RANJITH, T.C 12/200,
PARVATHY BHAVAN, PLAMOOD, PATTOM P.O,
THIRUVANANTHAPURAM.
(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 9.8.2024 IN
I.A.NO.4 OF 2024 IN WP(C) NO.30260/2010)
BY SRI.JAFFAR KHAN Y, SENIOR GOVERNMENT PLEADER
ROSHEN.D.ALEXANDER
SMT.TINA ALEX THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2024,
ALONG WITH WP(C).25830/2010 AND CONNECTED CASES, THE COURT ON
24.01.2025 DELIVERED THE FOLLOWING:
9
W.P(C) No.25830 of 2010 2025:KER:5422
JUDGMENT
[WP(C) Nos.25830/2010, 2294/2022, 22338/2018 and 30260/2010] These connected writ petitions are with reference to the disputes over certain properties in Nagaroor village, Chirayinkeezhu Taluk.
2. W.P(C) No.30260 of 2010 is filed by the petitioners therein with respect to 5.12.35 Hectares of land comprised in Re-Survey No. 554/6, which devolved on them pursuant to Exts.P1 and P4. The petitioners contend that tax was being remitted with reference to the afore properties till such time some objections were raised. They contend that the objections raised were essentially pursuant to a mistake in showing the properties as "sarkar tharisu" upon Re-survey. Therefore, they submitted appropriate applications for rectifying the afore, which was settled by the Survey Adalat and consequential orders were issued as seen from Ext.P9. They further point out 10 W.P(C) No.25830 of 2010 2025:KER:5422 that on the basis of Ext.P9, tax was being accepted from them. However, Ext.P10 notice was issued by the District Collector as if the order at Ext.P9 was mistakenly issued. They say that the District Collector later issued Ext.P12 dated 24.06.2010 without having any regard to the objections filed, by canceling the proceedings at Ext.P9. They have, therefore, instituted the captioned writ petition challenging Ext.P12 order of the District Collector relying on Ext.P13 decree of the civil court to show possession of the properties.
2.1. The 1st respondent has filed a counter affidavit pointing out that the properties covered by Re-survey No.554/6 correspond to old Survey No.2211. In the settlement register, the property is described as "Government Tharisu" and hence, in the absence of an assignment under the Kerala Land Assignment Act, 1960 and the Rules framed thereunder, the case of the petitioners may not be accepted merely on the basis of Exts.P1 to P4.
11W.P(C) No.25830 of 2010 2025:KER:5422 2.2. The petitioners have filed a reply affidavit mainly contending that as per Ext.P15 Puramboke Register, the entire properties in Survey No.2211 are not "Government Tharisu"
also producing Ext.P16 series to Ext.P18 series tax receipts issued by the Village Officer to support the afore contention.
2.3. The 1st respondent has filed an additional counter affidavit, producing the settlement register in support of his contention and also placing reliance on some FIR filed by the Vigilance and Anti-corruption Bureau alleging the creation of fraudulent documents at the instances of some of the petitioners. He has also produced Form No.7 prepared by the Survey Authority under the Kerala Survey and Boundaries Rules, 1964 as Ext.R1(d) to contend that survey numbers as per Exts.P1 to P4 do not tally with the case set up by the petitioners.
2.4. The petitioners have filed a reply affidavit to the above counter affidavit refuting the stand taken as above. During the pendency of the writ petition, the additional 3rd respondent was 12 W.P(C) No.25830 of 2010 2025:KER:5422 impleaded pursuant to the order dated 05.11.2018 since they contended that they had been entrusted with the infrastructure project of "Vizhinjam Seaport Project" by the Government of Kerala, that when the requirement of large quantities of rock was pointed out, the Government permitted them by issuing appropriate orders to conduct quarrying operations in various properties including the one covered by Re-survey No.554/6 and hence they are interested parties. After the impleadment as above, the additional 3rd respondent has also filed a counter affidavit refuting the claim made by the petitioners.
3. The same petitioners have filed W.P(C) No.22338 of 2018, repeating the factual and legal position raised in W.P(C) No.30260 of 2010 and seeking appropriate directions to the respondents to accept land tax with respect to the properties.
4. W.P(C) No.25830 of 2010 is filed by the petitioner, contending that he is in absolute possession and enjoyment of 1.73.60 Hectares of property in old Survey Nos.2211/33 and 2213/45, currently falling under Re-survey No.554/5 of 13 W.P(C) No.25830 of 2010 2025:KER:5422 Nagaroor Village Chirayinkeezhu Taluk, and assailing the order dated 24.06.2010 issued by the District Collector (produced as Ext.P12 in W.P(C) No.30260 of 2010), by which, the decision taken by the survey Adalat stood canceled.
5. W.P(C) No.2294 of 2022 is filed by the additional 3rd respondent in W.P(C) No.30260 of 2010, pointing out to the entrustment of the project as noticed earlier by the Government, the requirement of rock for executing the work, permission granted by the Government to extract rock from the properties in question and hence, seeking appropriate directions to consider their application for quarrying activities. This Court, on 07.02.2022, had directed the 4th respondent-District Collector to reconsider the request filed by the petitioner. It is further pointed out that pursuant to the afore directions, the petitioner in this writ petition is permitted to extract rock from the properties in question and they are continuing to do so.
6. I have heard Sri.Anil S. Raj, the learned counsel for the petitioners in W.P(C) Nos.30260 of 2010 and 22338 of 2018, 14 W.P(C) No.25830 of 2010 2025:KER:5422 Sri.Harish Gopinath, the learned counsel for the petitioner in W.P(C) No.25830 of 2010, Sri.Roshen D. Alexander, the learned counsel for the petitioner in W.P(C) No.2294 of 2022 and the 3rd respondent in W.P(C) No.30260 of 2010 and Sri.Jaffar Khan, the leaned Government Pleader for the official respondents.
7. The dispute in these writ petitions is essentially with respect to the findings contained in the order passed by the District Collector dated 24.06.2010 referred to above, produced as Ext.P12 in W.P(C) No.30260 of 2010 and Ext.P10 in W.P(C) No.25830 of 2010. The District Collector came to issue the said order with reference to the earlier order issued by the Assistant Director of Re-survey as regards certain properties which were claimed by the respective petitioners and included as Government Tharisu after Re-survey. The Assistant Director of Re-survey, while issuing the said order, has not seen referred to, or perused the title deeds and the prior documents with respect to the properties in question. The properties in question, according to the parties, fall under Re-survey 15 W.P(C) No.25830 of 2010 2025:KER:5422 No.554/6 as regards the petitioners in W.P(C) No.30260 of 2010 and Re-survey No.554/5 as regards W.P(C) No.25830 of 2010. The respective petitioners admit that the afore properties fell under the old Survey No.2211. The petitioners in W.P(C) No.30260 of 2010 have relied on Exts.P1 to P4 documents in support of the title enjoyed by them. The afore properties fell under various sub-divisions of old Survey No.2211. In Ext.R1(a) Settlement Register, the properties covered by old Survey No.2211 of Chirayinkeezhu Taluk, having an extent of 107.80 Acres, are described as Puramboke. In the State of Travancore, the properties were falling under "Sirkar" or "Jenm".
With respect to Sirkar, the Government was the land owner. It is only when the property was held under "Jenm", the properties can be declared to be held independent of the Government. In the settlement register at Ext.R1(a), there is no dispute that the entire properties under old Survey No.2211 having an extent in excess of 107 Acres are shown as "puramboke". 16 W.P(C) No.25830 of 2010 2025:KER:5422
8. This Court also notices that pursuant to the orders passed on 19.09.2022, an attempt was made to survey and identify the respective properties of the petitioners and the Government. On the basis of the above direction, a report of the District Collector is placed on record along with a memo dated 30.05.2023. The afore report has traced the alleged title of the petitioners and with respect to the petitioners in W.P(C) No.30260 of 2010, has found that ultimately the prior document is traceable to a document of the year 1940, which in turn was pursuant to a judgment and decree of the Munsiff Court, Attingal. However, the document was not produced by the petitioners. As regards the petitioner in W.P(C) No.25830 of 2010 also, the title is traceable to some documents of the Attingal Sub Registry of the years 1959, 1957 and 1961. But it is categorically found that even in these documents, there is no mention as to the receipt of pattayam with respect to the property in question.
17W.P(C) No.25830 of 2010 2025:KER:5422
9. Furthermore, this Court notices that the Government has produced the prior documents as regards the petitioner in W.P(C) No.25830 of 2010 along with a memo dated 13.11.2024. A reference to the said document - partition deed No.460 of 64
- shows that the property in Survey No.2211 is recorded as "Puduval" land. In this connection, reference requires to be made to the Puduval Rules framed under Section 7 of the Government Land Assignment Regulation, III of 1097. Puduval lands can be disposed of only in accordance with the afore Rules. In other words, insofar as the property is described as Puduval land, the same is required to be assigned as provided under Rule 13 of the Puduval Rules. The prior deeds in support of the case set up by the petitioners do not disclose the existence of any such assignment with respect to the properties in question.
10. As regards the claim of the petitioners in W.P(C) No.30260 of 2010, this Court notices that the petitioners have attempted to trace the title of the properties in question to the 18 W.P(C) No.25830 of 2010 2025:KER:5422 decree of the Principal Sub Court, Attingal which was later purchased by one Neelakanda Pillai as per sale deed No.2099 of 1940. The learned Government Pleader has produced the afore- sale deed along with a memo dated 29.10.2020. The said documents also show that the property in question is 'Puduval' land and therefore, the requirement of an assignment is essential. But as in the connected case, here also the petitioners have no case that the documents relied on by them show that the property was covered by an assignment to support their case.
11. On the whole, the dispute in these writ petitions has to be considered with reference to the description of the properties falling under old survey No.2211 in the settlement register. As already noticed, the settlement register describes the property as "Puramboke". The petitioners, it is true, have contended that the survey numbers as per Exts.P1 to P4 are not seen described as "Tharisu" in the BTR at Ext.R1(b) and Form No.7 prepared by the Survey Authority at Ext.R1(d). But as 19 W.P(C) No.25830 of 2010 2025:KER:5422 already noticed, the prior documents produced by the Senior Government Pleader, along with the memo as noted earlier, strike at the root of the contentions raised by the petitioners. In view of the discussions made above, I am of the opinion that the contentions raised by the learned Senior Government Pleader with respect to the malpractices committed, cannot be brushed aside.
12. This Court further notices that the impugned order of the District Collector came to be issued so as to correct the illegality committed while issuing Ext.P9 by the Assistant Director, Re-survey. Ext.P9 was issued on the basis of a complaint filed pointing out certain mistakes in Re-survey. The Kerala Survey and Boundaries Act, 1961 (for short, the 'Act'), is a consolidated enactment in relation to the law relating to the survey of lands and settlement of boundary disputes. Once the survey is completed, the remedy available to the petitioners, if any, was not to seek correction before the Assistant Director, Re-survey, who had no such power. Instead, they ought to have 20 W.P(C) No.25830 of 2010 2025:KER:5422 proceeded to file an appeal under Section 11 of the Act before the authority concerned. Insofar as that is not done, the petitioners cannot challenge the findings in Ext.P12.
13. The learned counsel for the petitioners had relied on various judgments in support of their contention. He relied on the judgment of the Apex Court in Bishan Das and Ors. v. The State of Punjab and Ors. [AIR 1961 SC 1570]. The Apex Court, in the afore judgment, found that the State, by executive orders, deprived possession of the property vested, which was incorrect and arbitrary. Here, the position is quite the opposite. The District Collector was only exercising his power to set right a mistake committed by the authority while issuing Ext.P9. Therefore, the principles laid down in the afore judgment may not apply to the case at hand. The learned counsel further relied on Shri.Bhimsehwara Swami Varu Temple v. Pedapudi Krishna Murthi and Others [AIR 1973 SC 1299] to contend that on account of the entries in revenue records as pointed out by them they were entitled to succeed. However, I notice that 21 W.P(C) No.25830 of 2010 2025:KER:5422 the entry with respect to the Settlement Register is to be considered at first, which admittedly is against the petitioner. The case of the State is that some foul play is carried out subsequently at the instance of those interested and therefore, the subsequent entries cannot be acted upon. He further relied on the Government of Andhra Pradesh v. Thummala Krishna Rao and Anr. [(1982) 2 SCC 134] and State of Rajasthan v. Padmavati Devi (Smt)(Dead) by LRs. and Ors. [1995 Supp (2) SCC 290], in support of the contention that in cases of the present nature, the remedy of the State lies elsewhere. However, as already noticed, the District Collector issued the impugned order to set right an illegality in Ext.P9 and that cannot be said to be incorrect. Therefore, the afore decisions would not apply to the facts of the present case. The petitioners relied on Prem Singh and Ors. v. Birbal and Ors. [(2006) 5 SCC 353] to support the contention regarding the presumption in favour of the title deeds. However, as already noticed, the prior documents were not produced and hence, the 22 W.P(C) No.25830 of 2010 2025:KER:5422 findings in Ext.P12 cannot be said to be incorrect. The learned counsel would rely on Harrisons Malayalam Limited v. State of Kerala [2018 (2) KLT 369] to contend that the State has to establish its title through the civil court. In my opinion, the said issue does not arise for consideration in this case since the orders issued by the District Collector canceling earlier proceedings of the Assistant Director, Re-survey are being challenged in these cases. Therefore, the sustainability or otherwise of those proceedings alone arises for consideration in these cases.
14. On the other hand, the learned Government Pleader relied on Vallikunnil Janaki Amma and Ors. v. Sree Amruthamangalam Kshethram Moorthi, Kozhikode and Anr. [2014 (1) KHC 57], which laid down the principle with respect to the acceptability/relevance of the Settlement Register. As already noticed, I have found that the Settlement Register describes the property under old Survey No.2211 as "Puramboke". To the same effect is the judgment of a learned 23 W.P(C) No.25830 of 2010 2025:KER:5422 Single Judge in WP(C) No.20520 of 2021 dated 11.10.2021. This Court further notices the judgment of the Apex Court in Suraj Bhan and Ors. v. Financial Commissioner and Ors. [(2007) 6 SCC 186] which held that mere entry in the revenue records does not confer title on a person. As already noticed, in view of the entries in the Settlement Register, the requirement of an appropriate assignment cannot be lost sight of.
15. On the whole, I am of the opinion that the petitioners in W.P(C) Nos.30260 of 2010, 22338 of 2018 and 25830 of 2010 are not entitled to any of the reliefs as prayed for in these writ petitions. Resultantly, the afore writ petitions would stand dismissed.
16. As regards W.P(C) No.2294 of 2022, the petitioner has challenged Ext.P11 issued by the District Collector, referring to the pendency of W.P(C) No.30260 of 2010 and hence, deciding to defer the process of issuing quarry licence to the petitioner as regards the properties in Re-survey Nos.554/1, 5 and 6 of 24 W.P(C) No.25830 of 2010 2025:KER:5422 Nagaroor Village. In view of the dismissal of W.P(C) No.30260 of 2010 as above, Ext.P11 issued by the District Collector in this writ petition would stand set aside. The District Collector to proceed in accordance with law in view of the above.
Sd/-
HARISANKAR V. MENON, JUDGE ln 25 W.P(C) No.25830 of 2010 2025:KER:5422 APPENDIX OF WP(C)NO.2294/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF MINUTES OF MEETING DTD.
03.07.2018 WHICH WAS COMMUNICATED TO THE DISTRICT COLLECTOR, KOLLAM VIDE COMMUNICATION DTD. 05.07.2018.
EXHIBIT P2 TRUE COPY OF NOC BEARING NO. B7-17779/18 DTD.
20.07.2018.
EXHIBIT3 TRUE COPY OF LOI BEARING NO.12118/M3/2108 DTD. 23.11.2018.
EXHIBIT P4 TRUE COPY OF THE MINING PLAN APPROVAL ORDER BEARING NO. 2304/DOT/ML/18 DTD. 14.01.2019 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT SLIP FOR EC APPLICATION.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DTD. 15.11.2021 IN W.P.(C) NO. 11175/2021.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION BEARING NO.
AVPPL/GOK/2021-22/1773 DTD. 25.11.2021. EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER BEARING NO. REV-P2/284/2021-REV DTD. 28.12.2021. EXHIBIT P9 TRUE COPY OF REPRESENTATION WITH REFERENCE NO. AVPPL/GOK/2021-22/187 DTD. 29.12.2021. EXHIBIT P10 TRUE COPY OF ORDER RENEWING NOC'S BEARING NO.
14936/2018 DTD. 06.01.2022.
EXHIBIT P11 TRUE COPY OF LETTER BEARING NO. B7-17779/2018 DTD. 24.04.2020.
EXHIBIT P12 TRUE COPY OF EXT.P12 IN W.P.(C) NO.
30260/2010.
26W.P(C) No.25830 of 2010 2025:KER:5422 EXHIBIT P13 TRUE COPY OF ORDER DTD. 01.10.2010 IN W.P(C) NO.30260/2010.
EXHIBIT P14 TRUE COPY OF ORDER DTD. 01.12.2010 IN W.P (C) NO. 30260/2010 EXTENDING THE STAY UNTIL FURTHER ORDERS.
EXHIBIT P15 TRUE COPY OF COPY OF THE COUNTER AFFIDAVIT DTD. 06.07.2020 IN WP (C) NO. 30260/2010 FILED ON BEHALF OF THE DISTRICT COLLECTOR. EXHIBIT P16 TRUE COPY OF REPLY SENT BY THE PETITIONER BEARING NO. AVPPL/GOK/2020-21/1453 DTD. 16.01.2021.
EXHIBIT P17 TRUE COPY OF THE CASE STATUS AND DETAILS DOWNLOADED FROM THE WEBSITE OF THE HON'BLE HIGH COURT OF KERALA NAMELY HTTPS://HCKINFO.KERALA.GOV.IN.
EXHIBIT P18 TRUE COPY OF EXTRACT OF ARTICLE 6 AS WELL AS ARTICLE 49 PROVIDED IN THE CONCESSION AGREEMENT DTD. 17.08.2015 BETWEEN PETITIONER AND THE 1ST RESPONDENT.
27W.P(C) No.25830 of 2010 2025:KER:5422 APPENDIX OF WP(C) 22338/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 28-8-2014.
EXHIBIT P2 TRUE COPY OF THE WILL DEED NO.13/L/III.36/2002 OF ATTINGAL SRO.
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 27/3/2012 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.32653/2014 DATED 21/1/2015.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30/3/2015 OF THE SUB COLLECTOR, THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF THE QUICK VERIFICATION REPORT SUBMITTED BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CURRUPTION BUREACU SPECIAL INVESTIGATION UNIT, THIRUVANANTHAPURAM DATED NIL.
RESPONDENTS' EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 3.7.2018 EXHIBIT R6(B) TRUE COPY OF A SURVEY MAP OF RE-SURVEY NOS.554/1,5 AND 6 ALONG WITH 555/2 AND 555/8 OF BLOCK NO-37 OF NAGAROOR VILLAGE FOR THE PROPOSED QUARRY FOR WHICH AVPPL HAS BEEN GIVEN NOC.
EXHIBIT R6(C) TRUE COPY OF FIR IN CR NO.3/2018/SIU-II.28
W.P(C) No.25830 of 2010 2025:KER:5422 APPENDIX OF WP(C) 30260/2010 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.5478/1958 EXECUTED BY SREEDHARAN NAIR AND KUTTAPPAN NAIR IN FAVOUR OF NARAYANAN PEETHAMBARAM DATED 16.11.1958.
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.1639/1991 EXECUTED BY THE PANKAJAKSHI IN FAVOUR THE PETITIONERS DATED 16.12.1991.
EXHIBIT P3 TRUE COPY OF THE DOCUMENT NO.96 DATED 06.01.1962 ON THE FILE OF THE SUB REGISTRAR'S OFFICE, ATTINGAL.
EXHIBIT P4 TRUE COPY OF THE SETTLEMENT DEED NO.3058/1963 TRANSFERRED BY NARAYANAN PEETHAMBARAN IN FAVOUR OF PANKAJAKSHI DATED 29.08.1963. EXHIBIT P5 TRUE COPY OF THE PART B OF FORM NO.3 NOTICE ISSUED BY LAND BOARD TO LATE SADASIVAN. EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT FOR A SUM OF RS.4,104/- DATED 05.06.2002.
EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2005 - 2006 IN FAVOUR OF PETITIONERS.
EXHIBIT P8 TRUE COPY OF THE RECEIPT ISSUED BY KERALA AGRICULTURE LABOURERS WELFARE FUND, THRISSUR DATED 22.01.2006.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.D2/2267/2003/D.DIS OF THE RE-SURVEY ASSISTANT DIRECTOR DATED 16.10.2004.
EXHIBIT P10 TRUE COPY OF THE NOTICE NO.B15-43009/07 ISSUED ON BEHALF OF THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT.
29W.P(C) No.25830 of 2010 2025:KER:5422 EXHIBIT P12 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 24.06.2010.
EXHIBIT P13 TRUE COPY OF THE DECREE IN O.S.NO.220/2002 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL DATED 30.08.2008.
EXHIBIT P14 TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.NO.31/2009 BEFORE THE SUB COURT, ATTINGAL DATED 06.03.2009.
EXHIBIT P15 TRUE COPY OF RELEVANT PAGES COVERING PROPERTIES LYING IN SY.NO:2097 TO 2296 DATED NIL EXHIBIT P16(A) TRUE COPY OF THE RECEIPT NO:78 DATED 03.07.1975 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SRI.PEETHAMBARAN FOR PROPERTIES INCLUDING THOSE LYING IN SY.NO.2211/29, 30 AND 31 EXHIBIT P16(B) TRUE COPY OF THE RECEIPT NO: 38 DATED 04.02.1987 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SRI.PEETHAMBARAN FOR PROPERTIES INCLUDING THOSE LYING IN SY.NO: 2211/29, 30 AND 31 EXHIBIT P16(C) TRUE COPY OF THE RECEIPT NO:105 DATED 23.1.1992 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SRI.PEETHAMABRAN FOR PROPERTIES INCLUDING THOSE LYING IN SY.NO:2211/29, 30 AND 31 EXHIBIT P17 TRUE COPY OF BILL NO:180/75-76 DATED 26.08.1975 ISSUED BY THE EXECUTIVE OFFICER, NAGAROOR PANCHAYATH TO SRI.PEETHAMBARAN ON ACCOUNT OF PAYMENT OF LAND CESS FOR PROPERTIES INCLUDING THOSE LYING IN SY.NO:
2211/29, 30 AND 31.
EXHIBIT P18(A) TRUE COPY OF THE RECEIPT NO:61 DATED 18.11.1973 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35,36,37,47,54 AND 55.30
W.P(C) No.25830 of 2010 2025:KER:5422 EXHIBIT P18(B) TRUE COPY OF THE RECEIPT NO:6 DATED 13.08.1974 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P18(C) TRUE COPY OF THE RECEIPT NO:2 DAETD 17.07.1976 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55 EXHIBIT P18(D) TRUE COPY OF THE RECEIPT NO:41 DATED 26.03.1980 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 356, 36, 37, 47, 54 AND 55 EXHIBIT P18(E) TRUE COPY OF THE RECEIPT NO:48 DATED 05.07.1980 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P18(F) TRUE COPY OF THE RECEIPT NO:73 DATED 03.02.1983 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P18(G): TRUE COPY OF THE RECEIPT NO:3 DATED 14.03.1984 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P18(H) TRUE COPY OF THE RECEIPT NO:45 DATED 06.02.1986 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P18(I) TRUE COPY OF THE RECEIPT NO:26 DATED 08.12.1987 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES 31 W.P(C) No.25830 of 2010 2025:KER:5422 COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55 EXHIBIT P18(J) TRUE COPY OF THE RECEIPT NO:53 DATED 24.04.1989 ISSUED BY THE VILLAGE OFFICE NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES COVERED LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P19 TRUE COPY OF BILL DATED 30.06.1976 ISSUED BY THE EXECUTIVE OFFICER, NAGAROOR PANCHAYATH TO SMT.PANKAJAKSHI ON ACCOUNT OF PAYMENT OF LAND CESS FOR PROPERTIES LYING IN SY.NO:2211/23, 35, 36, 37, 47, 54 AND 55.
EXHIBIT P20 TRUE COPY OF BILL NO:44 DATED 09.08.1976 ISSUED BY THE EXECUTIVE OFFICER, NAGAROOR PANCHAYATH TO SMT.PANKAJAKSHI ON ACCOUNT OF PAYMENT OF LAND CESS FOR PROPERTIES COVERED BY THANDAPER NO:2083.
EXHIBIT P21 TRUE COPY OF REPLY NO:40/16 30131/16 DATED 27.08.2016 FROM THE VILLAGE OFFICER, NAGAROOR TO THE 1ST PETITIONER.
EXHIBIT P22(A) TRUE PHOTOCOPY OF FIELD SKETCH OF PROPERTIES LYING IN SY.NO: 2211/23, 35, 36 AND 37 OF NAGAROOR VILLAGE.
EXHIBIT P22(B) TRUE PHOTOCOPY OF FIELD SKETCH OF PROPERTIES LYING IN SY.NO:2211/54, 55 AND 60 OF NAGRAOOR VILLAGE.
EXHIBIT P22(C) TRUE PHOTOCOPY OF FIELD SKETCH OF PROPERTIES LYING IN SY.NO:2211/29, 30 AND 31 OF NAGRAOOR VILLAGE.
EXHIBIT P23 TRUE COPY OF SETTLEMENT DEED NO:1629/1991 OF NAGAROOR SUB REGISTRY EXECUTED BY SMT.PANKAJAKSHI IN FAVOUR OF PETITIONERS DATED 16.12.1991 EXHIBIT P24 TRUE COPY OF SETTLEMENT DEED NO:1630/1991 OF NAGAROOR SUB REGISTRY EXECUTED BY SMT.PANKAJAKSHI IN FAVOUR OF PETITIONERS DATED 16.12.1991.
32W.P(C) No.25830 of 2010 2025:KER:5422 EXHIBIT P25 TRUE COPY OF SETTLEMENT DEED N:1640/1991 OF NAGAROOR SUB REGISTRY EXECUTED BY SMT.PANKAJAKSHI IN FAVOUR OF PETITIONERS DATED 16.12.1991 EXHIBIT P26 TRUE COPY THE ACKNOWLEDGEMENT CARD BEARING NO:551/2002 ISSUED ON BEHALF OF THE 1ST RESPONDENT DATED 10.05.2002 EXHIBIT P27 TRUE COPY OF THE COMMUNICATION BEARING NO:K3/5068/2002 OF THE ADDL.TAHSILDAR TO THE 1ST RESPONDENT WITH A COPY TO THE 1ST PETITIONER DATED 15.05.2002.
EXHIBIT P28 TRUE PHOTOCOPY OF SURVEY SKETCH OF PROPERTIES IN SY.NO:2211 OF NAGAROOR VILLAGE ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE PURSUANT TO APPLICATION NO:2734/15 FILED THE 1ST PETITIONER.
EXHIBIT P29 TRUE COPY OF THE COPY OF VERIFICATION LAND REGISTER OF RE-SURVEY NO.:555/2 ISSUED BY THE TECHNICAL ASSISTANT, RE-SURVEY NEYYATINKARA DATED 01.08.2017.
EXHIBIT P30 TRUE COPY OF THE COPY OF VERIFICATION LAND REGISTER OF RE-SURVEY NO.:554/1 AND 2 ISSUED BY THE TECHNICAL ASSISTANT, RE-SURVEY NEYYATINKARA DATED 16.09.2017.
EXHIBIT P31 TRUE COPY OF THE SALE DEED NO.5478/1958 EXECUTED BY SREEDHARAN NAIR AND KUTTAPPAN NAIR IN FAVOUR OF NARAYANAN PEETHAMBARAM DATED 16.11.1958.
EXHIBIT P32 TRUE COPY OF THE SETTLEMENT DEED NO.1639/1991 EXECUTED BY PANKAJAKSHI IN FAVOUR THE PETITIONERS DATED 16.12.1991.
EXHIBIT P41 TRUE COPY OF THE REPRESENTATION DATED 31.10.2023 SUBMITTED BY THE 5TH PETITIONER THROUGH HIS POWER OF ATTORNEY TO THE CHIRAYANKEEZHU TALUK ATTINGAL TAHSILDAR. EXHIBIT P42 TRUE COPY OF THE REPLY BEARING NO 16861/06 33 W.P(C) No.25830 of 2010 2025:KER:5422 ISSUED BY THE TAHSILDAR, CHIRAYANKEEZHU DATED 5.12.2023 TO THE POWER OF ATTORNEY OF THE 5TH PETITIONER.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) A TRUE COPY OF THE RELEVANT PAGES OF THE SETTLEMENT REGISTER.
EXHIBIT R1(B) A TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER PERTAINING TO THE PROPERTY.
EXHIBIT R1(C) A TRUE COPY OF THE FIRST INFORMATION REPORT NO.3/2018/SIU-II.
EXHIBIT R1(D): A TRUE COPY OF FORM NO.7 PREPARED BY THE SURVEY AUTHORITY UNDER THE KERALA SURVEY AND BOUNDARIES RULES, 1964.
EXHIBIT R3(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 03.07.2018 EXHIBIT R3(B) TRUE COPY OF NOC BEARING NO.B7-17779/18 DATED 2017.2018.
EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 14.01.2019 APPROVING THE MINING PLAN SUBMITTED BY THIS RESPONDENT.
EXHIBIT R3(D) TRUE COPY OF THE LOCATION SKETCH PERTAINING TO RE-SURVEY NOS.554/1, 5 AND 6 OF NAGAROOR VILLAGE.
EXHIBIT R3(E) TRUE COPY OF SURVEY MAP OF RE-SURVEY NOS.554/1, 5 AND 6 OF BLOCK NO.37 OF NAGAROOR VILLAGE FOR THE PROPOSED QUARRY FOR WHICH AVPPL HAS BEEN GIVEN NOC.
EXHIBIT R3(F) TRUE COPY OF LETTER DATED 24.04.2020 ISSUED ON BEHALF OF THE DISTRICT COLLECTOR.
EXHIBIT R3(G) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER HEREIN BEFORE THE DIRECTOR OF 34 W.P(C) No.25830 of 2010 2025:KER:5422 SURVEY DTD.19.02.2003.
RESPONDENTS' ANNEXURES:
ANNEXURE R1(A) TRUE COPY OF THE SIGNED STATEMENT OF THE POWER OF ATTORNEY HOLDER OF THE 5TH PETITIONER DATED NIL.
ANNEXURE R1(B) TRUE COPY OF THE JUDGMENT IN WP(C) NO.
12799/2012 DATED 18.10.2019.35
W.P(C) No.25830 of 2010 2025:KER:5422 APPENDIX OF WP(C)NO.25830/2010 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPIES OF THE TAX RECEIPTS FOR THE YEARS 1984, 1985 AND 1988.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.12.1990 ISSUED BY THE TALUK SURVEYOR.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 14.02.1989 ISSUED BY THE VILLAGE OFFICER, NAGAROOR.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 27.06.1996 ISSUED BY THE SURVEY OFFICER, RE-SURVEY OFFICE, ATTINGAL.
EXHIBIT P5 TRUE COPY OF THE REMINDER DATED 7.01.1997 SENT BY THE PETITIONER TO THE SURVEY SUPERINTENDENT, RE-SURVEY OFFICE, ATTINGAL.
EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 11.03.1997.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT AND DECREE DATED 07.07.1997 IN OS NO.176 OF 1997 OF MUNSIFF'S COURT, ATTINGAL.
EXHIBIT P8 TRUE COPY OF THE BASIC TAX REGISTER. EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 04.01.2010 ISSUED BY THE DEPUTY COLLECTOR.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 24.06.2010 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE CERTIFIED COPY OF DOCUMENT NO.
1307 OF 1964 ISSUED BY THE SUB REGISTRAR, ATTINGAL SUB REGISTRY OFFICE.
EXHIBIT P12 TRUE COPY OF THE TAX RECEIPT BEARING NO. 1322 DATED 18.05.2007 ISSUED BY THE VILLAGE OFFICER, NAGAROOR.
36W.P(C) No.25830 of 2010 2025:KER:5422 RESPONDENTS' EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 03.07.2018.
EXHIBIT R3(B) TRUE COPY OF NOC BEARNG NO.B7-17779/18 DATED 20.07.2018.
EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 14.01.2019 APPROVING THE MINING PLAN SUBMITTED BY THIS RESPONDENT EXHIBIT R3(D) TRUE COPY OF THE LOCATION SKETCH PERTAINING TO RE-SURVEY NOS.554/1,5 AND 6 OF NAGAROOR VILLAGE. EXHIBIT R3(E) TRUE COPY OF SURVEY MAP OF RE-SURVEY NOS.554/1, 5 AND 6 OF NAGARROR VILLAGE.
EXHIBIT R3(F) TRUE COPY OF LETTER DATED 24.04.2020 ISSUED ON BEHALF OF THE DISTRICT COLLECTOR.
EXHIBIT R3(G) TRUE COPY OF THE APPLICATION SUBMITTED BY THE IST PETITIONER IN WPC NO.30260/2010 BEFORE THE DIRECTOR OF SURVEY DTD.19.02.2003.
EXHIBIT R2(A) A TRUE COPY OF THE RELEVANT PAGES OF THE SETTLEMENT REGISTER.
EXHIBIT R2(B) A TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER PERTAINING TO THE PROPERTY. EXHIBIT R2(C) A TRUE COPY OF THE FIRST INFORMATION REPORT NO.3/2018.SIU-II EXHIBIT R2(D) A TRUE COPY OF FORM NO.7 PREPARED BY THE SURVEY AUTHORITY UNDER THE KERALA SURVEY AND BOUNDARIES RULES, 1964.
EXHIBIT R2(E) A TRUE COPY OF THE RELEVANT PAGES OF THE PURAMBOKE REGISTER PERTAINING TO THE PROPERTY COVERED IN RESURVEY NO.554/1.
RESPONDENTS' ANNEXURES:
ANNEXURE R2(A) TRUE COPY OF THE NOTICE DATED 03.10.2022 ISSUED 37 W.P(C) No.25830 of 2010 2025:KER:5422 BY THE TAHSILDAR (LR), CHIRAYINKEEZHU. ANNEXURE R2(B) TRUE COPY OF THE SIGNED STATEMENT OF THE 2ND PETITIONER AND OTHERS DATED NIL.
ANNEXURE A1 TRUE COPY OF THE JOINT WILL DATED 15.05.2014 EXECUTED BY CHITTARANJAN AND DR.G.SHANTAKUMARI DEVI.