Kerala High Court
Noushad P.P vs Union Of India on 12 August, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 6540 OF 2021
PETITIONER:
NOUSHAD P.P.,
AGED 43 YEARS
S/O. P.P. MARAKKARKUTTY, ZUHARAS PILLAI,
KODIMARAM, VENNIYOOR P.O., MALAPPURAM-676508.
BY ADVS.
P.SATHISAN
SMT.DONA AUGUSTINE
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA,
CENTRAL DELHI P.O., NEW DELHI-110001.
2 PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD
OFFICE), DWARKA SECTOR 10, SOUTH WEST DELHI P.O.,
NEW DELHI-110075.
3 DIRECTOR GENERAL (ROAD DEVELOPMENT) AND SPECIAL
SECRETARY,
ROOM NO.213, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET,
CENTRAL DELHI P.O., NEW DELHI-110001.
4 CHAIRMAN,
NATIONAL HIGHWAYS AUTHORITY OF INDIA, G-5 AND 6,
SECTOR-10, DWARAKA, SOUTH WEST DELHI P.O., NEW
DELHI-1100075.
5 NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY PROJECT DIRECTOR, PROJECT
IMPLEMENTATION UNIT-COCHIN NATIONAL HIGHWAYS
AUTHORITY OF INDIA, VII/511-B, NEYTHELI-
MAVELIPURAM ROAD, KAKKANAD P.O., ERNAKULAM-682030.
6 DEPUTY COLLECTOR (LA NH),
COMPETENT AUTHORITY FOR LAND ACQUISITION, NH66,
KOZHICHINA, VALAKKULAM P.O., MALAPPURAM-676508.
7 SPECIAL THAHSILDAR (LA)
OFFICE OF DY. COLLECTOR, COMPETENT AUTHORITY FOR
LAND EQUISITION, NH66, KOZHICHINA, VALAKKULAM
P.O., MALAPPURAM-676508.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
2
8 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
P.O., PIN-695001.
9 THE ADMINISTRATOR,
DEPUTY COLLECTOR (LA NH), COMPETENT AUTHORITY
FOR LAND EQUISITION, NH66, KOZHICHINA,
VALAKKULAM P.O., MALAPPURAM-676508.
BY ADVS.SRI.SUDHINKUMAR K., SC, NHAI
SMT.MINI GOPINATH, CGC
SMT.I. SHEELA DEVI, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH WP(C).13377/2021,
21887/2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 21887 OF 2020
PETITIONERS:
1 KAPRAT FAMILY TRUST
REPRESENTED BY ITS PRESENT TRUSTEE, MR. KAPRAT
KRISHNA KUMAR, AGED 57 YEARS, S/O. SAROJINI
AMMA, KAPRAT HOUSE, VENNIYOOR P. O., MALAPPURAM
DISTRICT, PIN - 676 508.
2 KAPRAT KRISHNA KUMAR
AGED 57 YEARS
S/O. SAROJINI AMMA, KAPRAT HOUSE, VENNIYOOR P.
O., MALAPPURAM DISTRICT, PIN - 676 508.
BY ADVS.
A.S.DILEEP
SHRI.P.BINOD
SMT.SUSEELA DILEEP
SRI.SUDEEP ARAVIND PANICKER
RESPONDENTS:
1 THE UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT
STREET, NEW DELHI, PIN - 110 001.
2 DEPUTY COLLECTOR AND COMPETENT AUTHORITY (LA)
FOR NH 66 (OLD NH 17), MALAPPURAM, DISTRICT
COLLECTRATE AND CIVIL STATION, UPHILL,
MALAPPURAM, PIN - 676 505.
3 SPECIAL TAHSILDAR
LAND ACQUISITION FOR NH 66 (OLD NH 17) - UNIT
1, KOZHICHENA, MALAPPURAM DISTRICT,
PIN - 676 508.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
4
4 VIJAYABHANU KAPRAT,
AGED 62 YEARS, S/O. LATE MOORKATH DAMODARAN
NAIR, KAPRAT HOUSE, VENNIYUR P.O., MALAPPURAM-
676508, PRESENTLY RESIDING AT 2 MILES, BEHIND
YWCA, PORT MORESBY, NCD PAPUA NEW GUINEA,
REPRESENTED BY HIS POWER OF ATTORNEY ANITHA
VIJAYAN, AGED 55 YEARS, W/O. VIJAYABHANU
KAPRAT, RESIDING AT KAPRAT HOUSE, VENNIYUR
P.O., MALAPPURAM-673508.
(ADDITION R4 IS IMPLEADED AS PER ORDER DATED
19/07/2021 IN IA 3/2021)
5 MUHAMMED,
FATHER'S NAME NOT KNOWN TO PETITIONERS, C/O.
PARUKKUTTI AMMA @ CHINNAMMU AMMA, KAPRAT,
VALAKKULAM P.O., APPLA DESOM, THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
6 HUSSAIN,
S/O. BEERAN, MUNDASSERI HOUSE, , VALAKKULAM
P.O., APPLA DESM, THENNALA VILLAGE, MALAPPURAM
DISTRICT-676508.
7 MARIYUMMA,
W/O. HASSAN HAJI, AKKARAPARAMBIL HOUSE, ,
VALAKKULAM P.O., APPLA DESM, THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
8 MUHAMMED,
S/O. BEERAN, MANKADA HOUSE, VALAKKULAM P.O.,
APPLA DESOM, THENNALA VILLAGE, MALAPPURAM
DISTRICT-676508.
9 HAMSA,
S/O. SETHALIKKUTTI, KOTTAKALATHINGAL HOUSE,
VALAKKULAM P.O., APPLA DESOM, THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
10 MOHAMMED,
S/O. ADBUL RAHMAN, VELLATHUMATTIL HOUSE,
VALAKKULAM P.O., APPLA DESOM,
THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
11 HUSSAIN M.,
MUNDASSERIL HOUSE, APPLA DESOM, THENNALA
VILLAGE, MALAPPURAM DISTRICT-676508.
12 KUNJIMUHAMMED,
S/O. MUHAMMED, VALIYAPARAMBATH HOUSE, VENNIYOOR
P.O., VENNIYOOR DESOM, THIRURANGADI VILLAGE,
PIN-676508.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
5
13 HAMSA,
S/O. AVARAN, VADAKKAN HOUSE, VALAKKULAM P.O.,
APPLA DESOM, THENNALA VILLAGE, MALAPPURAM
DISTRICT-676508.
14 THAYYIL FATHIMA,
W/O. KUNJIMOIDEEN, THAYYIL HOUSE, APPLA DESOM,
THENNALA VILLAGE, MALAPPURAM DISTRICT-676508.
15 BEEYOOTTI,
W/O. KUNJAAMU HAJI, RESIDING AT CHALIL HOUSE,
IRINGALLUR, MALAPPURAM DISTRICT-676304.
16 ABDU RAZAK HAJI,
S/O. MAMMU HAJI, THANIVEPPIL HOUSE, VALAKKULAM
P.O., APPLA DESOM, THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
17 AYISHUMMA,
C/O. KUNARI MUHAMMED HAJI, VALAKKULAM P.O.,
APPLA DESOM, THENNALA VILLAGE, MALAPPURAM
DISTRICT-676508.
18 PATHUMMA,
D/O. KUNJALAVI, THYKKADAN HOUSE,
POOKKIPPARAMBU, VALAKKULAM P.O., APPLA DESOM,
THENNALA VILLAGE, MALAPPURAM DISTRICT-676508.
19 THE PRESIDENT,
IUML COMMITTEE, THENNALA UNIT, VALAKKULAM P.O.,
THENNALA VILLAGE, MALAPPURAM DISTRICT-676508.
20 MOIDEEN,
CHEMBAYIL HOUSE, POOKKIPARAMBU, VALAKKULAM
P.O., THENNALA VILLAGE, MALAPPURAM DISTRICT-
676508.
21 PATHUMMAKUTTI,
W/O. USSAN KUNARI, VALAKKULAM P.O., THENNALA
VILLAGE, MALAPPURAM DISTRICT-676508.
22 ADDL.CHEVIDIKUNNAN KOYYAMU,
S/O. KOMU, VALAKKULAM P.O.,
THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
23 ABDU RAHMAN,
C/O. BEERANKUTTI, MACHINGAL HOUSE, VALAKKULAM
P.O., THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
24 KUNJIMUHAMMED,
C/O. BEERANKUTTI, MACHINGAL HOUSE, VALAKKULAM
P.O., THENNALA VILLAGE,
MALAPPURAM DISTRICT-676508.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
6
25 SIDDIQ,
C/O. BEERANKUTTI, MACHINGAL HOUSE, VALAKKULAM
P.O., THENNALA VILLAGE, MALAPPURAM DISTRICT-
676508.
26 ABDUL MAJEED K.V.,
KALAMVALAPPIL HOUSE, CHULLIPPARA P.O.,
VENNIYOOR DESOM, THIRURANGADI VILLAGE,
MALAPPURAM-676508.
27 FATHIMA,
W/O. MOHAMMED KUTTI, CHEERANGAN HOUSE,
VALAKKULAM P.O., THENNALA VILLAGE, MALAPPURAM
DISTRICT-676508.
28 THOPPIL KUNJARUMU HAJI,
THOPPIL VEEDU, VALAKKULAM P.O., THENNALA
VILLAGE, MALAPPURAM DISTRICT-676508.
29 ABDUL GAFOOR,
KAKKAD P.O., THIRURANGADI VILLAGE,
MALAPPURAM-676306.
30 THACHARAMBAN RUKIYA,
W/O. KURUKKAN ABDU RAHMAN, PALAKKAYIL HOUSE,
CHULLIPPARA P.O., VENNIYOOR DESOM,.
THIRURANGADI VILLAGE, PIN-676508.
31 MARIYAAMU,
CHALIL HOUSE, KODIMARAM, VENNIYOOR P.O., PIN-
676508.
32 AREEKKADAN SALEEL,
S/O. AREEKKADAN AHMED, AREEKADAN HOUSE,
VENNIYOOR P.O., PIN-676508.
33 AREEKKADAN ABDUL SALAM,
S/O. KOYAAMU, AREEKADAN HOUSE, VENNIYOOR P.O.,
PIN-676508.
34 AREEKADAN ABDU RAHMAN,
S/O. KOYAAMU, AREEKADAN HOUSE,
VENNIYOOR P.O., PIN-676508.
35 ADDL.IBRAHIMKUTTI,
S/O. MUHAMMED KUTTI, AREEKKADAN HOUSE,
KARIMBIL, VENNIYOOR P.O., PIN-676508.
36 MUHAMMED AKBAR,
CHALILAKATH HOUSE, VENNIYOOR P.O., PIN-676508.
37 ULLAATTUTHODI MUHAMMED,
S/O. MOOSA, ULLAATTUTHODI HOUSE, VALAKKULAM
P.O., PIN-676508.
38 HASSAN HAJI,
S/O. KUNJEETHUKUTTI, PARAPPAN HOUSE, VENNIYOOR
P.O., PIN-676508.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
7
39 KATHIYAAMU,
W/O. MUHAMMED KUTTI HAJI,
MACHINCHERI HOUSE, VENNIYOOR P.O.,
PIN-676508.
40 MANJANNAYIL SEYTHALAVI HAJI,
S/O. MOIDEENKUTTY HAJI, MANJANNAYIL HOUSE,
THENNALA, VALAKKULAM P.O., PIN-676508.
41 AREEFA,
W/O. SIDDIQ, MACHINCHERI HOUSE, VENNIYOOR P.O.,
PIN-676508.
42 MARIYAAMU,
C/O. MACHINCHERI MUHAMMED HAJI, VENNIYOOR P.O.,
PIN-676508.
43 PAREDATHU ASSAINAR,
S/O. MARAKKAR HAJI, PAREDATHU HOUSE, VENNIYOOR
P.O., PIN-676508.
44 SAAJITHA,
W/O. ABDUL HAMEED, KOORMATHU HOUSE,
PARAMBIL PEEDIKA P.O.,
MALAPPURAM DISTRICT-676317.
45 MARIYAAMU,
W/O. MOHAMMED, PAARENGAL HOUSE,
VENNIYOOR P.O., PIN-676508.
46 MYMOONATH,
D/O. ABDUL HAMEED, MACHINCHERI HOUE, VENNIYOOR
P.O., PIN-676508.
47 PARAMBIL KUNJI MOIDEEN HAJI,
S/O. ABUBACKER, PARAMBIL HOUSE, CHULLIPARA
P.O., VENNIYOOR DESOM, MALAPPURAM DISTRICT-
676508.
48 PARAMBIL SEYTHALAVI HAJI,
S/O. ABUBACKER, PARAMBIL HOUSE, CHULLIPARA
P.O., VENNIYOOR DESOM, MALAPPURAM DISTRICT-
676508.
49 ADDL.PARAMBIL KUNJI MOIDU HAJI,
FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
PARAMBIL HOUSE, CHULLIPARA P.O.,
VENNIYOOR DESOM,
MALAPPURAM DISTRICT-676508.
50 FAISAL,
S/O. MOHAMMED HAJI, MACHINCHERI HOUSE,
VENNIYOOR P.O., PIN-676508.
51 DR. SAFARUDHEEN,
S/O. MOHAMMED HAJI, ULLATTUTHODI HOUSE,
VENNIYOOR P.O., PIN-676508.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
8
[ADDL.R5 TO R51 ARE IMPLEADED AS PER ORDER
DATED 12.08.2021 IN IA 2/2021.]
BY ADVS.
SMT.SINDHUMOL.T.P., CGC
GOVERNMENT PLEADER
SAIBY JOSE KIDANGOOR
P.SATHISAN
K.K.SAIDALAVI
P.K.MOHAMED JAMEEL
K.RAKESH
BENNY ANTONY PAREL
S.SIBHA
K.K.NASRUL HAQUE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH WP(C).6540/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 13377 OF 2021
PETITIONERS:
1 MOHAMMED BASHEER
AGED 57 YEARS
S/O. HUSSAIN, THOOMBATH HOUSE, KACHADI
KODIMARAM, VENNIYOOR P.O, MALAPPURAM DISTRICT -
676508.
2 PATHUMMA
AGED 73 YEARS
W/O. HUSSAIN, THOOMBATH HOUSE, KLARI SOUTH
THENNALA, EDARIKODE, MALAPPURAM DISTRICT -
676501.
3 K.P. MOHAMMED KUTTY
AGED 71 YEARS
S/O.K.P. AHAMMED, KODAPPANA HOUSE, KARUMBIL,
VENNIYOOR P.O, MALAPPURAM DISTRICT - 676508.
4 MOHAMMED KUTTY
AGED 72 YEARS
S/O. POKKAR HAJI, ELANTHI HOUSE, KODIMARAM,
VENNIYOOR P.O, MALAPPURAM DISTRICT - 676508.
5 MOIDEENKUTTY
AGED 74 YEARS
S/O. KUNHIHAIDRU, KODAPPANA HOUSE, VENNIYOOR
P.O, MALAPPURAM DISTRICT - 676508.
BY ADVS.
P.A.MOHAMMED SHAH
ASWIN KUMAR M J
MUHAMMED JANAISE V.
MOHAMED MUSTHAFA A.K.
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI - 110001.
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
10
2 STATE OF KERALA
REPRESENTED BY SECRETARY, PUBLIC WORKS
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
3 NATIONAL HIGHWAY AUTHORITY OF INDIA
G-586, SECTOR - 10, DWARAKA, NEW DELHI -
110075, REPRESENTED BY ITS CHAIRMAN.
4 THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, VII/511 B,
NEITHELI-MAVELIPURAM ROAD, MAVELIPURAM,
KAKKANAD, KERALA - 682030.
5 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY
LAND ACQUISITION, NATIONAL HIGHWAY AUTHORITY OF
INDIA, VALAKKULAM P.O, KOZHICHENA, MALAPPURAM
DISTRICT - 676508
BY ADV SMT.MINI GOPINATH, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, ALONG WITH WP(C).6540/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.6540/2021, 21887/2020
& 13377/2021
11
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).Nos.6540 of 2021, 21887 of 2020
&
13377 of 2021
----------------------------------------------
Dated this the 12th day of August, 2021
JUDGMENT
A dispute arises about the entitlement of compensation in connection with the acquisition of land for widening the National Highway. The acquisition proceedings is going on.
The matter reached up to Section 3H(3) National Highways Act, 1956 enquiry. Some of the petitioners have already approached the competent authority with their grievance in the Section 3H(3) enquiry. Some others have not approached the authorities. Now the grievance is that the enquiry is not completed. This is the sum and substance of the arguments of all the petitioners.
2. Section 3H of the National Highways Act reads thus:
"3H. Deposit and payment of amount.-
(1) The amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 12 that Government, with competent authority before taking possession of the land.
(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.
(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.
(5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent. per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof.
(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 13 with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub sections (2) to (4) shall apply to such deposit."
3. As per Section 3H(3), where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. Section 3H(4) says that if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.
4. Admittedly the 3H(3) enquiry is not completed.
There are dispute about the title of the property. This dispute has to be decided first by the competent authority while conducting an enquiry under Section 3H(3) of the National Highways Act. If any dispute arises, the competent authority will refer the dispute to the Court under Section 3H(4) of the W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 14 Act.
5. The Government Pleader submitted that Section 3H(3) enquiry is going on. There was Covid-19 infection to the employees in the office of the authority and therefore there is some delay in completing Section 3H(3) enquiry. The Government Pleader submitted that the enquiry as contemplated under Section 3H(3) of the National Highways Act will be completed within four months from today. In the light of the above submission, according to me this writ petition can be disposed directing the competent authority to complete 3H(3) enquiry as expeditiously as possible. If any dispute arises, the competent authority will do the needful as per Section 3H(4) of the National Highways Act. It is true that service to some of the respondents are not complete in W.P.(C).
No.21887 of 2020. But the way in which this writ petition is disposed, I think, this Court need not wait for completing the service of notice. They are free to approach the competent authority with their objections, if any. If they are aggrieved by any observations in this judgment, they are free to file a review petition before this Court.
Therefore, these writ petitions are disposed in the W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 15 following manner:
1. The competent authority will conclude the enquiry as contemplated under Section 3H(3) of the National Highways Act, 1956, as expeditiously as possible, at any rate, within four months from today, after giving an opportunity of hearing to all the affected parties.
2. After concluding Section 3H(3) enquiry, if the competent authority feels that a reference under Section 3H(4) is necessary, the competent authority will do the same in accordance to law, as expeditiously as possible.
3. I make it clear that the competent authority will act in accordance to law, untramelled by any of the observations in this judgment.
4. The contentions of the petitioners and respondents are left open.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 16 APPENDIX OF WP(C) 6540/2021 PETITIONER EXHIBITS EXHIBIT P1 TUE COPY OF THE PROPERTY TAX RECEIPT NO. KL10061501366/2021 DATED 30/01/2021 OF THIRURANGADY VILLAGE. EXHIBIT P2 THE TRUE COPY OF THE BUILDING TAX RECEIPT NO. 0400100092 DATED 27/05/2020 OF THIRURANGADY MUNICIPALITY.
EXHIBIT P3 TRUE COPY OF THE LICENSE FEE RECEIPT NO. 01/120400117350 DATED 02/03/2021 OF THIRURANGADY MUNICIPALITY. EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF 3A NOTIFICATION DATED 21/12/2018. EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF 3D NOTIFICATION DATED 23/04/2019. EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BY THE CENTRAL GOVERNMENT DATED 28/08/2015. EXHIBIT P7 TRUE COPY OF THE QUESTIONNAIRE DATED 11/11/2020 ALONG WITH INFORMATION OBTAINED UNDER RTI ACT DATED 10/12/2020.
EXHIBIT P8 TRUE COPY OF THE KERALA GAZETTE PUBLICATION NO. 54/2020/RD DATED 14/08/2020.
W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 17 APPENDIX OF WP(C) 21887/2020 PETITIONER EXHIBITS EXHIBIT P1 THE PHOTOSTAT COPIES OF PAGES 1 TO 14 (COLLECTIVELY) OF PARTITION DEED NO. 752/1959 OF TIRURANGADI SRO TOGETHER WITH 19 PAGES FROM A SCHEDULE TO THE SAID DEED WITH ARE RELEVANT TO THE FACTUAL MATRIX OF THE WRIT PETITION.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED (COLLECTIVELY) 15.07.2017 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF PAGE 12 OF MATHRUBHUMI DAILY (MALAPPURAM EDITION) DATED 26.07.2020 CONTAINING PUBLIC NOTICE NO.B274/20 DATED 10.07.2020. EXHIBIT P4 TRUE COPY OF RECEIPT DATED 10.06.2013 ISSUED IN RETURN TO SUBMISSION OF CLAIM PETITION BY THE 2ND PETITIONER BY THE SPECIAL TAHSILDAR (L.A.),MALAPPURAM.
EXHIBIT P5 TRUE COPY OF NOTICE OF HEARING DATED 21.07.2020 ISSUED BY 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P6 DOCUMENTS AND REQUEST LETTERS (COLLECTIVELY) SUBMITTED BEFORE THE 3RD RESPONDENT ON DATES COMMENCING FROM 03.08.2020 TO 10.08.2020 IN ACCORDANCE OF THE SCHEDULE OF HEARING APPENDED TO EXT.P5.
EXHIBIT P7 TRUE COPY OF RTI APPLICATION DATED 04/09/2020 SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPLY DATED 30/09/2020 TO THE RTI APPLICATION SUBMITTED BY THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE RTI APPEAL DATED 07/10/2020 FILED BY THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE REPLY TO RTI APPEAL DATED 20/10/2020.
W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 18 EXHIBIT P11 TRUE COPY OF THE PUBLIC NOTICE ISSUED UNDER SECTION 3G(3) OF THE NATIONAL HIGHWAYS ACT, 1956 PUBLISHED IN MATHRUBHOOMI DAILY DATED 24/10/2020. EXHIBIT P12 TRUE COPY OF THE NEWSPAPER CUTTING OF A NEWS ITEM WHICH APPEARED IN MALAYALA MANORAMA DAILY DATED 31/10/2020 REGARDING PAYMENT OF COMPENSATION IN NADUVATTOM VILLAGE IN THIRURANGADI TALUK.
EXHIBIT P13 TRUE COPY OF THE NEWSPAPER CUTTING OF NEWS ITEM WHICH APPEARED IN MATHRUBHOOMI DAILY DATED 06/11/2020 REGARDING ACTUAL DISBURSEMENT OF COMPENSATION AGAINST ACQUISITION WITHIN MALAPPURAM DISTRICT.
EXHIBIT P14 TRUE COPIES OF THE RELEVANT PAGES OF THE RESURVEY AND RESETTLEMENT REGISTER OF AMSAM NO.30-TIRURANGADI, IN ERNAD TALUK, OF HE (ERSTWHILE) MALABAR DISTRICT SHOWING DETAILS OF PATTA/INAM TITLE DEED NOS.385 AND 465 AND ORIGINAL PATTAADAR(S) THEREOF. EXHIBIT P15 TRUE COPY OF THE TAX PAID RECEIPTS DATED 19/02/1990 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.385 OF TIRUR TALUK FOR THE YEAR 1989-90. EXHIBIT P16 TRUE COPY OF THE TAX PAID RECEIPTS DATED 01/02/1991 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.385 OF TIRUR TALUK FOR THE YEAR 1990-91. EXHIBIT P17 TRUE COPY OF THE TAX PAID RECEIPTS DATED 20/03/1995 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.385 OF TIRUR TALUK FOR THE YEAR 1994-95. EXHIBIT P18 TRUE COPY OF THE TAX PAID RECEIPTS DATED 28/03/1995 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.385 OF TIRUR TALUK FOR THE YEAR 1994-95. EXHIBIT P19 TRUE COPY OF THE TAX PAID RECEIPTS DATED 18/07/1996 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.385 OF TIRUR TALUK FOR THE YEAR 1996-97. EXHIBIT P20 TRUE COPY OF THE TAX PAID RECEIPTS DATED 15/03/2003 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.465 OF W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 19 THENNALA TALUK FOR THE YEAR 2004-05. EXHIBIT P21 TRUE COPY OF THE TAX PAID RECEIPTS DATED 30/05/2005 FOR LANDS COMPRISED IN PATTA(S)/INAM TITLE-DEED NO.465 OF THENNALA TALUK.
RESPONDENTS' EXHIBITS EXHIBIT R52(A) TRUE COPY OF THE NOTARIZED COPY OF THE RELEVANT PAGES OF HTE PARTITION DEED NO.752/59 DATED 20.09.58 EXHIBIT R52(B) TRUE COPY OF HTE JUDGMETN OF HTIS HON'BLE COURT IN WPC NO.37893/18 DATED 22.11.2018 EXHIBIT R52(C) TRUE COPY OF THE RESPRESENTATION PREFERRED BY THIS RESPONDENT DATED 23.03.2021 EXHIBIT R52(D) TRUE COPY OF THE NOTICE NO.D-274/2020 DATED 26.7.2021 OF THE 3RD RESPONDENT W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 20 APPENDIX OF WP(C) 13377/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PARTITION DEED DATED 25.05.1989.
Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE VILLAGE OFFICER DATED 22.08.2020.
Exhibit P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY SUB REGISTRAR, TIRURANGADI DATED 09.03.2021. Exhibit P4 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, TIRURANGADI DATED 04.08.2020. Exhibit P5 THE TRUE COPY OF POSSESSION CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 03.08.2018. Exhibit P6 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY TIRURANGADI MUNICIPALITY DATED 30.07.2020. Exhibit P7 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, TIRURANGADI TO THE 3RD PETITIONER DATED 04.08.2020.
Exhibit P8 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OBTAINED BY THE 3RD PETITIONER FOR THE ABOVE PROPERTY DATED 10.03.2021.
Exhibit P9 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 4TH PETITIONER BY THE VILLAGE OFFICER, TIRURANGADI, DATED 07.07.2020.
Exhibit P10 THE TRUE COPY OF POSSESSION CERTIFICATE ISSUED TO THE 4TH PETITIONER DATED 19.03.2021 Exhibit P11 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED TO THE 4TH PETITIONER DATED 23.02.2021. Exhibit P12 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 5TH PETITIONER DATED 14.08.2020.
Exhibit P13 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 5TH PETITIONER DATED 05.08.2020.
W.P.(C).Nos.6540/2021, 21887/2020 & 13377/2021 21 Exhibit P14 THE TRUE COPY OF POSSESSION CERTIFICATE ISSUED TO THE 5TH PETITIONER BY THE VILLAGE OFFICER, TIRURANGADI DATED 09.12.2018 Exhibit P15 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE TIRURANGADI MUNICIPALITY DATED 11.03.2020. Exhibit P16 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED TO THE 5TH PETITIONER DATED 09.03.2021. Exhibit P17 THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT NUMBERED AS SO.3746(E) DATED 30.07.2018. Exhibit P18 THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 23.04.2019.
Exhibit P19 THE TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 3G(3) OF THE NATIONAL HIGHWAY ACT, 1956 BY THE 5TH RESPONDENT DATED 16.07.2020. Exhibit P20 THE TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 3G93) OF THE NATIONAL HIGHWAY ACT, 1956 BY THE 5TH RESPONDENT DATED 24.08.2020. Exhibit P21 THE TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER DATED 26.02.2021. Exhibit P22 THE TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER DATED 26.02.2021. Exhibit P23 THE TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE 4TH PETITIONER DATED 26.02.2021.