N.Prakash vs M.V.Govindan Master on 9 January, 2025

[Cites 10, Cited by 0]

Kerala High Court

N.Prakash vs M.V.Govindan Master on 9 January, 2025

The petitioner, who appeared in person, has filed this contempt case alleging willful disobedience of the directions contained in Annexure A1 judgment of a Division Bench of this Court in Khalid Mundappilly v. Executive Engineer [2010 (3) KLT 86], prohibiting the respondents therein and other Government agencies including Public Works Department, Police, Revenue and Local Authorities from granting any permission to hold meetings on public roads and road margins. If any meeting is held with or without permission, contrary to the said prohibitory order, the Police shall remove the stages and all installations, articles and people and prevent the meeting being held on public roads and road margins. The Chief Secretary to Government was directed to issue instructions, along with a copy of the said judgment, to the Director General of Police, Public Works Department, Revenue Department and Local Administration Department to implement the directions contained in that judgment.

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2. In the contempt case filed on 05.12.2024, it is alleged that openly flouting the directions contained in Annexure A1 judgment in Khalid Mundappilly [2010 (3) KLT 86], which was followed by Annexure A2 order dated 13.08.2010 in R.P.No.670 of 2010 - Chief Secretary to Government v. Khalid Mundappilly [2010:KER:30849] and Annexure A4 judgment dated 22.03.2012 in W.P.(C)No.32429 of 2011 and connected matter - Dejo Kappen v. State of Kerala [2012:KER:13001], a stage has been constructed on 05.12.2024 by the members of the Communist Party of India (Marxist) for conducting the Palayam Area Conference of that political party, on the public road in front of Vanchiyoor Court Complex and Vanchiyoor Police Station. The document marked as Annexure A3 is the order of the Apex Court dated 06.01.2011, whereby the Special Leave Petition filed by the Chief Secretary to Government against Annexure A2 order of this Court in R.P.No.670 of 2010 stands dismissed.

3. On 10.12.2024, when this contempt case came up for consideration, we heard arguments of the petitioner, who appeared in person, and also the learned Additional Advocate General for respondents 2 to 4. The learned Additional Advocate General, who sought time to get instructions, submitted that the 4th respondent Station House Officer (Circle Inspector of Police), Con.Case(C) No.3252/2024 6 / 28 Con. Case (C)No.3252 of 2024 -3- Vanchiyoor Police Station, shall be personally present in Court on 12.12.2024, along with the relevant files, to explain the facts and circumstances.

4. On 12.12.2024, when this contempt case came up for consideration, the 4th respondent Circle Inspector of Police (Station House Officer), Vanchiyoor Police Station, was personally present in Court along with the relevant files. The learned Additional Advocate General placed on record, a report dated 11.12.2024 of the 4th respondent Station House Officer, along with a memo dated 12.12.2024 of the learned Government Pleader, enclosing therewith a copy of the FIR in Crime No.1254/2024 of Vanchiyoor Police Station, which was one registered in connection with the public meeting conducted on 05.12.2024 by the Communist Party of India (Marxist) activists by blocking one track of Uppidamoodu-Vanchiyoor road, after erecting a temporary stage on that track. The petitioner filed I.A.Nos.1, 2 and 3 of 2024, seeking impleadment of additional respondents 5 to 11; to accept Annexures A8 to A10 as additional documents; and seeking an interim direction against additional respondents 5 to 9. Annexure A8 screenshots taken from the news item that appeared in visual media are in respect of the Palayam Area Committee meeting of the Communist Party of India (Marxist) held on 05.12.2024 at Con.Case(C) No.3252/2024 7 / 28 Con. Case (C)No.3252 of 2024 -4- Vanchiyoor and '36 hours Satyagraha' by the joint council of State Service Organisations, which was held in front of Government Secretariat on 10.11.2024 and 11.12.2024, which was inaugurated by Binoy Viswam, the State Secretary of the Communist Party of India, in which Pannian Raveendran was one among the speakers. 'Satyagraha' was conducted after laying carpet on the footpath and right-of-way of the public road, after putting up a stage. The document marked as Annexure A9 are screenshots taken from the news item that appeared in visual media in respect of a 'Dharna' conducted by the leaders of the Indian National Congress on 11.12.2024, in front of the office of the Kochi Corporation, demanding the resignation of the Mayor of Kochi, by encroaching upon the footpath.

5. On 12.12.2024, this Court viewed in open Court Annexure A7 video clippings of the news item that appeared in Mathrubhumi and Asianet news on 05.12.2024. The 4th respondent Circle Inspector of Police, Vanchiyoor Police Station, who was personally present in Court, submitted that the stage in question was put up on the right-of-way of Uppidamoodu- Vanchiyoor road, blocking the movement of pedestrians through the pedestrian crossing (zebra crossing) provided on that road. The 4th respondent submitted that, though P. Babu, who is the Con.Case(C) No.3252/2024 8 / 28 Con. Case (C)No.3252 of 2024 -5- General Convenor of the Palayam Area Committee of the Communist Party of India (Marxist), was asked to remove the stage put up on the right-of-way of Uppidamoodu-Vanchiyoor road, he refused to do so. By the order dated 12.12.2024, this Court directed the 4th respondent Station House Officer, Vanchiyoor Police Station to submit a report furnishing the details of those who were on the stage, in addition to the 1 st respondent, in the Palayam Area Conference of the Communist Party of India (Marxist), which was held on 05.12.2024, the details of those who performed drama in that stage, those who provided light and sound facility and those who put up the stage and other fixtures on the footpath and the right-of-way of Uppidamoodu-Vanchiyoor road.

6. On 16.12.2024, when this contempt case came up for consideration, a report dated 15.12.2024 of the 2nd respondent State Police Chief was placed on record, producing therewith Annexures R2(a) to R2(e) documents, along with a memo dated 15.12.2024 filed by the learned Government Pleader. A report dated 13.12.2024 of the 4th respondent Station House Officer, Vanchiyoor Police Station, furnishing the name of the persons who were on the stage in the meeting held at Vanchiyoor on 05.12.2024, was also placed on record along with another memo Con.Case(C) No.3252/2024 9 / 28 Con. Case (C)No.3252 of 2024 -6- dated 16.12.2024 of the learned Government Pleader.

7. By the order dated 18.12.2024, I.A.Nos.2, 3 and 4 of 2024 filed by the petitioner were allowed and the petitioner was directed to file an amended contempt case by 19.12.2024. The petitioner has also filed I.A.No.5 of 2024 seeking an order to accept Annexure A11 as an additional document; I.A.No.6 of 2024 seeking an order to implead additional respondents 12 to 18; and I.A.No.7 of 2024 seeking an order to substitute the name of the 4th respondent as stated in that interlocutory application. The document marked as Annexure A11 is a certificate under Section 65B of the Evidence Act, 1872 read with Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, in respect of Annexures A7 and A10 video clippings and Annexures A8 and A9 screenshots. Those interlocutory applications were also allowed by the order dated 18.12.2024. Pursuant to the order dated 18.12.2024, the petitioner filed an amended contempt case. Thereafter, the petitioner filed I.A.No.8 of 2024 seeking an order to amend the contempt case by incorporating additional statement of facts, grounds, etc., as stated in that interlocutory application. That was allowed as prayed for by the order dated 06.01.2025. The petitioner has also filed I.A.No.1 of 2025 seeking an order to implead additional 19th respondent; I.A.No.2 of 2025 to amend Con.Case(C) No.3252/2024 10 / 28 Con. Case (C)No.3252 of 2024 -7- the contempt case by incorporating additional statement of facts, grounds, etc.; and I.A.No.3 of 2025 for accepting Annexures A12 to A15 as additional documents. The document marked as Annexure A12 is a news item that appeared in Manorama Online regarding the construction of the stage encroaching public road at Balaramapuram Junction. The document marked as Annexure A13 is a copy of a notice published by Balaramapuram Grama Panchayat in connection with 'Jwala-Vanitha Junction' held on 01.01.2025. The document marked as Annexure A14 series are screenshots taken from the news item that appeared in visual media regarding 'Jwala-Vanitha Junction' at Balaramapuram. The document marked as Annexure A15 is a certificate under Section 65B of the Evidence Act, 1872 read with Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, in respect of Annexures A12 and A14 screenshots taken from the news item that appeared in visual media regarding 'Jwala-Vanitha Junction'. By the order dated 06.01.2025, those interlocutory applications were also allowed and the petitioner has filed the amended contempt case.

8. Two screenshots taken from the news items that appeared in visual media regarding the Palayam Area Conference of the Communist Party of India (Marxist) held on 05.12.2024 blocking one track of Uppidamoodu-Vanchiyoor road, after putting Con.Case(C) No.3252/2024 11 / 28 Con. Case (C)No.3252 of 2024 -8- up a temporary stage on that track, which are marked as Annexure A5 series in the contempt case, are reproduced hereunder;

9. On 12.12.2024, we viewed in open Court Annexure A7 video clippings produced along with the contempt case of the news Con.Case(C) No.3252/2024 12 / 28 Con. Case (C)No.3252 of 2024 -9- item that appeared in the Asianet News channel. Three screenshots taken from that news item are reproduced hereunder; Con.Case(C) No.3252/2024 13 / 28 Con. Case (C)No.3252 of 2024 -10-

10. Three screenshots taken from Annexure A7 video clippings produced along with the contempt case of the news item that appeared in the Mathrubhumi News are reproduced hereunder;

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11. In the order dated 12.12.2024 this Court noticed that the stage where the Palayam Area Conference of the Communist Party of India (Marxist) was held on 05.12.2024 was put up on the right-of-way of Uppidamoodu-Vanchiyoor road, which is a public road in front of the District Court Complex and Vanchiyoor Police Station, completely blocking one track of the road. A large number of the public, including school children travelling in two-wheelers along with their parents and those travelling in educational institution buses got stuck in the traffic block. A car carrying a newborn baby with his/her mother also got stuck in the traffic block since the second track of the road alone was available for vehicular traffic and for the movement of pedestrians.

12. In the order dated 12.12.2024 this Court noticed the submission of the 4th respondent Circle Inspector of Police, Vanchiyoor Police Station, who was personally present in Court, that the stage where the Palayam Area Conference of the Communist Party of India (Marxist) was held on 05.12.2024 was put up on the right-of-way of Uppidamoodu-Vanchiyoor road, blocking the movement of pedestrians through the pedestrian crossing (zebra crossing) provided on that road. Though P. Babu, who is the General Convenor of the Palayam Area Committee of the Communist Party of India (Marxist), was asked to remove the Con.Case(C) No.3252/2024 15 / 28 Con. Case (C)No.3252 of 2024 -12- stage put up on the right-of-way of Uppidamoodu-Vanchiyoor road, he refused to do so.

13. The screenshots of the news items appeared in visual media regarding '36 Hours Satyagraha' held by the Joint Council of State Service organisations on 10.12.2024 and 11.12.2024 in front of the Government Secretariat, after laying carpet and placing chairs on the footpath and the right-of-way of the public road, and after putting up a pandal on the footpath and a stage on the footpath and the right-of-way of the public road, are marked as Annexure A8 in the contempt case. A few screenshots of the said news items are reproduced hereunder; Con.Case(C) No.3252/2024 16 / 28 Con. Case (C)No.3252 of 2024 -13- Con.Case(C) No.3252/2024 17 / 28 Con. Case (C)No.3252 of 2024 -14-

14. The screenshots of the news item that appeared in visual media regarding a 'Dharna' conducted by the leaders of the Indian National Congress in front of Kochi Corporation Office on 11.12.2024, after laying carpet and placing chairs on the footpath of the public road and after putting up a pandal on the footpath, Con.Case(C) No.3252/2024 18 / 28 Con. Case (C)No.3252 of 2024 -15- are marked as Annexure A9 in the contempt case. A few screenshots of the said news item are reproduced hereunder;

15. The screenshots of the news items appeared in visual Con.Case(C) No.3252/2024 19 / 28 Con. Case (C)No.3252 of 2024 -16- media regarding the programme 'Jwala-Vanitha Junction' conducted by Balaramapuram Grama Panchayat on 01.01.2025 at Balaramapuram junction, after putting up a stage on the right-of- way of Balaramapuram-Vizhinjam road and placing chairs on the right-of-way, blocking traffic through one track of that road, are marked as Annexure A14 in the contempt case. The said programme was inaugurated by Kiran Narayanan IPS, District Police Chief, Thiruvananthapuram Rural. A few screenshots of the said news items are reproduced hereunder;

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16. In view of the provisions contained in Section 369 of the Kerala Municipality Act, 1994, which deals with prohibition of structures or fixtures which cause obstruction in public streets, read with Section 372 of the Act, which empowers the Secretary to remove certain encroachments without notice, the Secretary of the concerned Municipality has a statutory duty to remove any structures or fixtures, which causes any obstruction in public streets, even without notice. The said provisions in the Municipality Act cast a statutory duty on the concerned Municipality and its Secretary to ensure that any structures or fixtures, which cause obstruction in the public streets, either on the footpath or the right-of-way are removed even without any notice to the person who has put up such structures or fixtures posing serious threat to the safety of the road users including Con.Case(C) No.3252/2024 21 / 28 Con. Case (C)No.3252 of 2024 -18- pedestrians.

17. In view of the law laid down by a Division Bench of the Madras High Court in C.S.S. Motor Service v. Madras State [AIR 1953 Madras 279], which stands approved by the Apex Court in Saghir Ahmad v. State of UP and others [AIR 1954 SC 728], all public streets and roads vest in the State, but the State holds them as a trustee on behalf of the public. Therefore, the State and the concerned Local Self Government Institution, which hold public streets and roads as trustees, on behalf of the public, have a duty to ensure that the right-of-way and pedestrian facilities on such public streets and roads are maintained without any obstructions whatsoever.

18. The directions issued by this Court in Annexure A1 judgment, which was followed by Annexure A4 judgment were issued after considering the statutory requirements and the law on the point, in order to ensure the safety of the road users, which includes children of tender age, aged persons and also persons with disabilities.

19. The holding of agitations, demonstrations, etc. by political parties and other organisations, causing obstruction to the free movement of pedestrians through footpaths and vehicular traffic through the right-of-way of public roads takes place every Con.Case(C) No.3252/2024 22 / 28 Con. Case (C)No.3252 of 2024 -19- day, which has gone to the extent of holding such agitations etc., after laying carpet and placing chairs on the footpath and the right-of-way of the public roads, and even putting up stage and pandal on the footpath and the right-of-way of public roads, thereby forcing the pedestrians to walk through public roads, in unsafe circumstances.

20. In the order dated 12.12.2024, this Court noticed that as per the statistics provided on the official website of Kerala Police, the number of road accidents in Kerala in the year 2024, up to October, is 40,821 in which 3,168 persons died and 45657 persons sustained injuries. The rash and negligent driving in the State has gone to the extent of causing accidents, in which even pedestrians walking through the footpaths or waiting in the pedestrian facilities provided on the side of public roads, sustain fatal injuries.

21. The stage put up on the right of way of Uppidamoodu- Vanchiyoor road, blocking one track of that road, was in connection with the Palayam Area Conference of the Communist Party of India (Marxist) held on 05.12.2024, even blocking the movement of pedestrians through the pedestrian crossing (zebra crossing) provided on that road. Vanchiyoor Police Station is on the very same road, a few meters away from the place where the stage was put up.

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22. After the filing of this contempt case on 05.12.2024, '36 Hours Satyagraha' by the Joint Council of State Service Organisations was held on 10.12.2024 and 11.12.2024, in front of the Government Secretariat, after laying carpet and placing chairs on the footpath and the right-of-way of the public road, and after putting up a pandal on the footpath and a stage on the footpath and right-of-way of the public road.

23. After the order of this Court dated 10.12.2024 in this contempt case, a 'Dharna' was conducted by the leaders of the Indian National Congress on 11.12.2024, in front of Kochi Corporation Office, after laying carpet and placing chairs on the footpath of the public road and after putting up a pandal on the footpath.

24. After the order of this Court dated 12.12.2024 in this contempt case, the program 'Jwala-Vanitha Junction' was conducted by Balaramapuram Grama Panchayat on 01.01.2025, at Balaramapuram Junction, after putting up a stage on the right- of-way of Balaramapuram-Vizhinjam road and placing chairs on the right-of-way, by blocking traffic through one track of that road. The said program was inaugurated by Kiran Narayanan, IPS, District Police Chief, Thiruvananthapuram Rural.

25. In the stage put up at Vanchiyoor on the right of way Con.Case(C) No.3252/2024 24 / 28 Con. Case (C)No.3252 of 2024 -21- of Uppidamoodu-Vanchiyoor road, blocking one track of that road, a drama by KPAC was performed in connection with Palayam Area Conference of the Communist Party of India (Marxist). In the stage put up at Balaramapuram Junction, in connection with 'Jwala- Vanitha Junction', on the right-of-way of Balaramapuram- Vizhinjam road and placing chairs on the right-of-way by blocking traffic through one track of that road, cultural programs were performed, as evident from Annexure A13 notice.

26. The directions issued by this Court in Annexure A1 judgment, which was followed by Annexure A4 judgment, were openly flouted while conducting Palayam Area Conference of the Communist Party of India (Marxist) at Vanchiyoor, '36 Hours Satyagraha' by the Joint Council of State Service Organisations in front of Government Secretariat, 'Dharna' by the leaders of the Indian National Congress in front of Kochi Corporation Office and 'Jwala-Vanitha Junction' by Balaramapuram Grama Panchayat at Balaramapuram Junction. Neither the Police nor the concerned Municipal Corporation/Grama Panchayat has taken any action to prevent putting up of pandal, stage, etc. on the right-of-way and footpath of public roads, openly flouting the directions contained in Annexures A1 and A4 judgments of this Court.

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27. The program at Balaramapuram Junction, on the stage put up on the right-of-way of Balaramapuram-Vizhinjam road, was inaugurated by none other than the District Police Chief, Thiruvananthapuram Rural, as evident from the screenshots reproduced hereinbefore at paragraph 15. Various political leaders were on the stage put up on the right-of-way of Uppidamoodu- Vanchiyoor road for the Palayam Area Conference of the Communist Party of India (Marxist); on the footpath of the public road in front of the Government Secretariat in connection with '36 Hours Satyagraha' by Joint Council of State Service Organisations; and on the pandal put up on the footpath of the public road in front of Kochi Corporation Office in connection with the 'Dharna' by the Indian National Congress.

28. Having considered the preliminary arguments of the petitioner, who appeared in person, and the learned Additional Advocate General, we are satisfied that the petitioner has made out a prima facie case for ordering notice to the respondents, in terms of the provisions contained in Rule 9 of the Contempt of Courts (High Court of Kerala) Rules under the Contempt of Courts Act, 1971.

29. Issue notice to respondents 1 to 4 and also to additional respondents 5 to 19, in Form No.I, as provided under Rule 9(i)(b) Con.Case(C) No.3252/2024 26 / 28 Con. Case (C)No.3252 of 2024 -23- of the Contempt of Courts (High Court of Kerala) Rules under the Contempt of Courts Act, returnable by 10.02.2025. A copy of this order shall also be enclosed along with the said notice.

30. The personal appearance of the 2nd respondent, who is the State Police Chief and the 11th respondent, who is the Chief Secretary to Government, is dispensed with.

31. The learned Additional Advocate General would submit that the personal appearance of the official respondents 3, 4, 5, 9, 18 and 19 may also be dispensed with.

32. As already noticed hereinbefore, the 19th respondent District Police Chief, Thiruvananthapuram Rural was on the stage put up in connection with 'Jwala-Vanitha Junction', on the right-of- way of Balaramapuram-Vizhinjam road, by blocking traffic through one track of that road. The stage in connection with the Palayam Area Conference of the Communist Party of India (Marxist) was also put up on the right-of-way of Uppidamoodu-Vanchiyoor road, by blocking traffic through one track of that road. The stage in connection with '36 Hours Satyagraha' by the Joint Council of State Service Organisations was put up on the right-of-way and footpath of the public road in front of the Government Secretariat. The pandal in connection with the 'Dharna' by the Indian National Congress was put up on the footpath of the public road in front of Con.Case(C) No.3252/2024 27 / 28 Con. Case (C)No.3252 of 2024 -24- Kochi Corporation Office. The pleadings and materials on record would prima facie show that respondents 3, 4, 5, 9, 18 and 19 have not taken any steps to prevent such activities on public roads, openly flouting the directions contained in Annexure A1 and A4 judgments of this Court. In such circumstances, we find no reason to dispense with the personal appearance of the said respondents in Court on 10.02.2025, as per the requirements of Rule 9(i)(b) of the Contempt of Courts (High Court of Kerala) Rules under the Contempt of Courts Act.

List on 10.02.2025 at 02:00 p.m. for personal appearance of respondents 1, 3 and 4, additional respondents 5 to 10 and 12 to 19 and for return of notice on respondents 2 and 11.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

                                                     MURALEE KRISHNA S., JUDGE

         Dxy




09-01-2025                          /True Copy/                       Assistant Registrar
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                           APPENDIX OF CON.CASE(C) 3252/2024
Annexure A1                 CERTIFIED COPY OF THE JUDGMENT DATED 23.6.2010 IN
                            W.P.(C)NO.19253 OF 2010
Annexure A2                 TRUE COPY OF THE ORDER DATED 13.8.2010 IN R.P.NO.670 OF
                            2010
Annexure A3                 TRUE COPY OF THE ORDER DATED 6.1.2011 IN
                            S.L.P.(C)NO.35169 OF 2010
Annexure A4                 TRUE COPY OF THE JUDGMENT DATED 22.3.2012 IN
                            W.P.C.NOS.32428 AND 32429 OF 2011
Annexure A5                 TRUE COPY OF THE PHOTOGRAPH PUBLISHED ON 5.12.2024 IN
                            MANORAMA ONLINE
Annexure A7                 THE VIDEO CLIPPINGS PUBLISHED BY MATHRUBHUMI AND

ASIANET NEWS (CONFIDENTIAL/SEALED COVER) ON 05/12/2024. Annexure A8 THE PHOTOGRAPHS TAKEN FROM SCREEN SHOT OF THE VIDEOS TELECASTED BY NEWS CHANNELS Annexure A9 PHOTOGRAPH TAKEN FROM SCREEN SHOT OF THE VIDEO TELECASTED BY NEWS CHANNEL Annexure A10 THE VIDEO CLIPPINGS PUBLISHED BY NEWS CHANNELS (CONFIDENTIAL/SEALED COVER) ON 11/12/2024 IN RESPECT OF BOTH THE INCIDENTS AT THIRUVANANTHAPURAM AND ERNAKULAM.

Annexure A11 THE CERTIFICATE UNDER SECTION 65(B) (4) (C) OF THE INDIAN EVIDENCE ACT READ WITH SECTION 63 OF BHARATIYA SAKSHYA ADHINIYAM, 2023.

Annexure A12 THE NEWS ITEM PUBLISHED IN MANORAMA ONLINE DATED 4.1.2025 ABOUT THE CONSTRUCTION OF STAGE ENCROACHING INTO THE ROAD Annexure A13 THE TRUE COPY OF THE NOTICE DATED NIL FOR JWALA VANITHA JUNCTION CONDUCTED AT THE AEGIS OF BALARAMAPURAM GRAMA PANCHAYAT Annexure A14 THE PHOTOGRAPHS TAKEN FROM THE SCREEN SHOT OF THE VIDEO TELECASTED BY MANORAMA NEWS (11 PHOTOS) Annexure A15 THE CERTIFICATE UNDER SECTION 65(B)(4)(C) OF THE INDIAN EVIDENCE ACT READ WITH SECTION 63 OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 Annexure R2(a) COPY OF THE CIRCULAR DATED 23/09/2011 IN CIRCULAR NO.

30/2011 OF POLICE HEADQUARTERS Annexure R2(b) COPY OF THE CIRCULAR DATED 18/04/2012 IN CIRCULAR NO.

9/2012 OF POLICE HEADQUARTERS Annexure R2(c) COPY OF THE FIR REGISTERED AT VANCHIYOOR POLICE STATION AS CRIME NO. 1254/24.

Annexure R2(d) COPY OF THE FIR REGISTERED AT CANTONMENT POLICE STATION AS CRIME NO. 1263/24.

Annexure R2(e) COPY OF THE FIR REGISTERED AT ERNAKULAM CENTRAL POLICE STATION AS CRIME NO. 1810/24.

09-01-2025                     /True Copy/                             Assistant Registrar

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