Kerala High Court
Shamon vs State Of Kerala on 9 January, 2025
1
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 9TH DAY OF JANUARY 2025 / 19TH POUSHA, 1946
WP(C) NO. 27942 OF 2019
PETITIONERS:
1 SHAMON
AGED 36 YEARS, S/O HYDROSE, POYLUNGAL HOUSE,
MANJALY KARA, KARUMALLUR VILLAGE, PARAVUR TALUK,
MANNAM.P.O, ERNAKULAM, PIN-683513.
2 MATHACHAN.E.M,
AGED 54 YEARS, S/O MATHAYI, ELAMKUNNAPPUZHA HOUSE,
MANJALY, MANNAM P.O., ERNAKULAM, PIN-683513.
3 JAMSHEENA,
W/O NAJEEB, KALARIKKAL HOUSE, MANJALY, MANNAM P.O,
ERNAKULAM,PIN-683513.
4 ABDUL KAREEM,
AGED 59 YEARS, S/O SYEDU, PUTHENPARAMBIL HOUSE,
MANJALY, MANNAM P.O,ERNAKULAM,PIN-683513.
5 BINOY VARGHESE,
AGED 37 YEARS, S/O GRACY VARGHESE, THERULLI HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM, PIN-683513.
6 SHIBI.K.A,
AGED 45 YEARS, S/O.ABDUL KAREEM,KALARIKKAL HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM, PIN-683513.
BY ADVS.
S.RENJITH
SRI.P.K.SREEVALSAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA,
SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 THE COMMISSIONER OF LAND REVENUE,
GROUND FLOOR, NEW BUILDING, BAKERY JUNCTION ROAD,
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WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
UNIVERSITY OF KERALA STATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, KERALA-695033.
3 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
4 THE TAHSILDAR,
PARAVUR TALUK, PARAVUR, THALUK OFFICE, PARAVOOR,
ERNAKULAM, PIN-683513.
5 THE VILLAGE OFFICER,
KURUMALOOR VILLAGE OFFICE, PARAVUR, ERNAKULAM, PIN-683513.
6 THE KARUMALOOR GRAMA PANCHAYAT,
KARUMALOOR, ALUVA, ERNAKULAM, PIN-683513, REP.BY IT'S
SECRETARY.
7 OUR LADY OF DOLLARS CHURCH,
MANJALY, KARUMALLOOR VILLAGE, MANNAM P.O, PARAVUR,
ERNAKULAM, PIN-683513, REPRESENTED BY ITS VICAR.
8 PARISH COUNCIL,
OUR LADY OF DOLLAR'S CHURCH, MANJALY, KARUMALLOOR VILLAGE,
MANNAM P.O, PARAVUR, ERNAKULAM, PIN-683513, REPRESENTED BY
ITS SECRETARY OF THE COMMITTEE.
BY ADVS.
GOVERNMENT PLEADER
SRI.C.ANIL KUMAR
SRI.R.S.KALKURA
SRI.M.S.KALESH
SMT.A.K.PREETHA
SRI.HARISH GOPINATH
SMT.R.BINDU
SMT.P.ANJANA
SMT.NEENU PAVITHRAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NIKHEL K GOPINATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2024,
ALONG WITH WP(C).8088/2020, THE COURT ON 09.01.2025 DELIVERED THE
FOLLOWING:
3
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 9TH DAY OF JANUARY 2025 / 19TH POUSHA, 1946
WP(C) NO. 8088 OF 2020
PETITIONERS:
1 OUR LADY OF DOLOURS CHURCH
MANJALY, KARUMALLOOR VILLAGE, MANNAM.P.O, PARAVUR,
ERNAKULAM-683513 REPRESENTED BY ITS VICAR.
2 SECRETARY
PARISH COUNCIL OUR LADY OF DOLOURS CHURCH MANJALY,
KARUMALOOR VILLAGE, NORTH PARAVUR TALUK,
NORTH PARAVUR-683520.
BY ADVS.
R.S.KALKURA
SRI.M.S.KALESH
SRI.HARISH GOPINATH
SMT.R.BINDU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, LAND REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE COMMISSIONER OF LAND REVENUE
GROUND FLOOR, NEW BUILDING, BAKERY JUNCTION ROAD,
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANATHAPURAM-695033
3 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM-682030
4 THE TAHSILDAR
PARAVUR TALUK, TALUK OFFICE, PARAVOOR, ERNAKULAM-683513
5 THE VILLAGE OFFICER
KARUMALOOR VILLAGE OFFICE, PARAVUR, ERNAKULAM-683513
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WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
6 THE KARUMALOOR GRAMA PANCHAYAT
KARUMALOOR, ALUVA, ERNAKULAM, PIN-683513
REPRESENTED BY ITS SECRETARY.
7 SHAMON,
AGED 36 YEARS, S/O.HYDROSE, POYLUNGAL HOUSE,
MANJALY KARA, KARUMALLUR VILLAGE, PARAVUR TALUK,
MANNAM.P.O, ERNAKULAM-683513
8 MATHACHAN.E.M
AGED 54 YEARS, S/O.MATHAYI, ELAMKUNNAPPUZHA HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513.
9 JAMSHEENA,
W/O.NAJEEB, KALARIKKAL HOUSE, MANJALY, MANNAM.P.O,
ERNAKULAM-683513
10 ABDUL KAREEM
AGED 59 YEARS, S/O.SYEDU PUTHENPURAMBIL HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513
11 BINOY VARGHESE
AGED 37 YEARS, S/O.GRACY VARGHESE, THERULLI HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513
12 SHIBI.K.A
AGED 45 YEARS, S/O.ABDUL KAREEM KALARIKKAL HOUSE,
MANJALY, MANNAM.P.O, ERNAKULAM-683513.
BY ADVS.
SRI.C.ANIL KUMAR
Sreevalsakrishnan P K
SRI.S.RENJITH
SMT.A.K.PREETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2024,
ALONG WITH WP(C).27942/2019, THE COURT ON 09.01.2025 DELIVERED THE
FOLLOWING:
5
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
JUDGMENT
[WP(C) Nos.27942 of 2019 & 8088 of 2020] The issue raised in these two writ petitions is pertaining to an extent of 62.125 cents of land in Sy. Nos.390/1 and 428/1 of Karumalloor village in Paravur Taluk, originally a puramboke land, later assigned by the Government in favour of the petitioner in W.P.(C) No.8088 of 2020.
2. The petitioner in W.P.(C) No.8088 of 2020, a Church stated to have been established in the year 1891 A.D., contends that it is in possession/enjoyment of an extent of 1.5 acres of property comprised in various survey numbers of Karumalloor village. It further contends that the only ingress/egress to the afore property is from a Panchayat road through a puramboke land and the same was being used for the purpose of ingress/egress to the Church from time immemorial. Therefore, they sought for assignment of the property as above, and Ext.P3 order dated 18.09.1985 6 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 (produced in W.P.(C) No.8088 of 2020) is issued by the Government, assigning the extent of 62.125 cents of land in favour of the petitioner for the construction of a pathway. On the basis of the afore Government Order issued in the year 1985, Ext.P4 patta dated 03.06.1994 is issued with respect to the extent of the property, as above. The Church also contends that the party respondents in W.P.(C) No.8088 of 2020 created obstruction to the passage of the laity to the Church, claiming that they are having absolute right over the pathway. The Church filed a suit as O.S. No.457 of 2017 before the Munsiff's Court, North Paravur, and obtained an interim injunction against the party respondents (produced as Ext.P7 in W.P.(C) No.8088 of 2020). The said order stood modified later on 11.04.2019, permitting the party respondents also to use the pathway till disposal of the suit.
3. The party respondents had also applied before the Additional District Magistrate with reference to the provisions of the Code of Criminal Procedure and obtained an order in 7 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 their favour on 31.07.2017. The said order has been stayed by this Court in Crl.R.P.No.939 of 2017 filed by the Church.
4. The petitioners in W.P.(C) No.27942 of 2019, who are the party respondents in W.P.(C) No.8088 of 2020 have, in the afore circumstances, submitted an application dated 29.08.2017 to the Revenue Secretary (produced as Ext.P17 in W.P.(C) No.27942 of 2019), seeking to cancel the patta issued in favour of the Church. They also filed W.P.(C) No.3866 of 2018 seeking appropriate directions to permit them to use the land in question as pathway. In the meantime, the District Collector sought to resolve the disputes and issued Ext.P19 minutes of the meeting dated 19.12.2017, directing the Tahsildar concerned to measure and demarcate the land assigned to the Church, further directing the parties to maintain the status quo till survey is completed, as above. The Church filed W.P.(C) No.1820 of 2018 challenging the directives issued, as above by the Collector. This Court, by judgment dated 02.04.2019, 8 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 directed the Government to consider the application filed by the petitioners in W.P.(C) No.27942 of 2019 after hearing the Church also.
5. In the light of the afore directions, the Government issued an order dated 27.07.2019, finding that:
(i) The property concerned was assigned to the Church for the purpose of construction of the pathway and the Church has constructed a Kurishadi and an arch and also laid tiles in the pathway, which is a violation of the patta conditions.
(ii) Even on the face of the afore, no steps are taken for cancelling the patta at present since the land is assigned for the purpose of a pathway to the Church.
(iii) The land of the Church, the land covered by the patta and the land of the complainants are to be surveyed, and the pathway to the properties of the complainants are to be demarcated.
6. The afore order dated 27.07.2019 is challenged by the Church, producing the same as Ext.P12 in W.P.(C) No.8088 of 2020. The complainants have filed W.P.(C) 9 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 No.27942 of 2019, challenging the very same order producing the same as Ext.P24.
7. I have heard Sri.P.K. Sreevalsakrishnan, learned counsel for the petitioners in W.P.(C) No.27942 of 2019, Sri.R.S.Kalkura, learned counsel for the petitioners in W.P.(C) No.8088 of 2020 and Sri.E.G. Gorden, the learned Senior Government Pleader for the official respondents.
8. Sri.Sreevalsakrishnan, the learned counsel for the petitioners in W.P.(C) No.27942 of 2019, would contend that the assignment in favour of the Church as above, itself was illegal and arbitrary. He further contends that in view of the findings in the order of the Government that the Church constructed 'kappela', etc., violating the patta conditions, the patta ought to have been cancelled by the Government. He relied on various judgments in support of his submissions.
9. Sri.R.S. Kalkura, the learned counsel appearing on behalf of the Church, on the other hand, contended that the challenge against the assignment itself was without any 10 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 justification since the assignment was effected with reference to the provisions of Rule 24 of the Kerala Land Assignment Rules, 1964, after finding that there was "public interest"
involved.
10. I have considered the rival submissions as well as the connected records.
11. As already noticed, the challenge in these writ petitions is with reference to the patta issued to the Church, as above.
12. The patta in question was issued on 03.06.1994 on the basis of the Government Order dated 18.09.1985. It is to be noticed that a notice was issued on 09.01.1984 under Rule 12(1) of the Kerala Land Assignment Rules prior to the issue of the Government Order. Apparently, there was no objection from any quarters as regards the proposed assignment. The Tahsildar, Paravur, has also issued the report dated 28.06.1984 finding that the property in question is being primarily used as the entrance to the Church. It is on 11 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 that basis, that Ext.P2 has been issued by the Government dated 18.09.1985, assigning the land in favour of the church. The learned counsel for the petitioner in W.P.(C) No.27942 of 2019 relied on Ext.P15 resolution dated 19.06.1989 of the 5th respondent Panchayat to contend that there was opposition from the Panchayat and hence the assignment was not proper. In this connection, the requirement for seeking the consent of the Panchayat is prescribed under Section 3 (2) of the Kerala Land Assignment Act, 1960. However, it is to be noticed that the afore requirement is inserted in the Statute only during the year 2000, and in the case at hand, the assignment took place in the year 1985 as evidenced by the Government Order dated 18.09.1985 and followed by the patta dated 03.06.1994. Therefore, the reliance placed on the resolution of the Panchayat, in my opinion, may not be relevant for determining the issue raised in these writ petitions.
13. On the other hand, I notice that assignment of 12 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 Government land has been prescribed with reference to the provisions of Section 3 of the Kerala Land Assignment Act, 1960, Rules 4 and 24 of the Kerala Land Assignment Rules, 1964. It is true that Rule 4 provides for assignment only in three situations - for the purposes of personal cultivation, house-sites, and beneficial enjoyment of registered holdings. However, Rule 24 to the Kerala Land Assignment Rules provides as under:
"Rule 24. Powers of Government.-
Notwithstanding anything contained in these rules the Government may, if they consider it necessary so to do in public interest, assign land dispensing with any of the provisions contained in these rules and subject to such conditions, if any, as they may impose."
A reading of the afore would show that the Government can assign the land in its possession "in public interest" without reference to any of the provisions in the Kerala Land Assignment Rules. A reading of the Government Order dated 18.09.1985 would show that the property in question is 13 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 assigned in favour of the Church and not in favour of any private individual. No one has a case that the property so assigned is being enjoyed by anyone other than the Church.
14. Sri.P.K.Sreevalsakrishnan relied on a Division Bench judgment of this Court in Varkey Abraham v. Secretary to Government (Revenue Department) and Others [2007 (3) KLT 702] in support of his contention. It is to be straight away noticed that the afore judgment considered a situation where an application for land assignment was filed by an individual who was already in possession of considerable extent of properties. It is in the afore circumstances that this Court found that such a person does not have a vested right to get the property assigned on Registry. With reference to the provisions of Rule 24, this Court, in para 16 of the judgment, found that public interest is the main ingredient for the application of Rule 24 and the private interest of an individual to acquire more property could never be public interest. But in my opinion, the afore 14 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 judgment does not support the submissions of Sri.Sreevalsakrishnan, insofar as, as already found, the property has not been assigned to any private person. The learned counsel would also rely on a judgment of this court in Mohandas K. v. State of Kerala [2024 (2) KLT 81] in support of his contention. However, the afore judgment considered a situation where a large extent of property (in acres) was assigned to a Church for a meager amount of Rs.100 per acre. Further, the claim was raised by petitioners, who were tribals, that they had a better right over the land in question for assignment. This Court also found that the land was assigned to the applicant, who was an encroacher with respect to the property in question, noticing further that thousands of applications of tribals were pending for getting assignment under provisions of the Statute. But in the case at hand, the assignment was in the year 1985, and after collecting Rs.750/- per cent, which cannot be found as surprisingly low or inadequate then. The judgment in 15 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 Varghese Kurian v. State of Kerala [2023 (5) KLT 427] also may not have any application insofar as this Court rendered the afore judgment with reference to a construction undertaken deviating from the purpose of the assignment. The judgment relied on by the learned counsel in Mahindra Holidays & Resorts India Ltd. v. State of Kerala and Others [2019 (2) KLT 978] also has no application since that was a case where the land assigned for cultivation was being used for running a resort.
15. On the other hand, I notice the judgment of a Division Bench of this Court in Pushpavally v. State [1996 (2) KLT 197], wherein it is held that, if public interest is established with reference to Rule 24, then the assignment will not be open to challenge under Article 226 of the Constitution of India. This Court also notices the judgment in NSS Karayogam No.1300, Mundappally and Others v. State of Kerala and Others [2020 (5) KLT 384] wherein a learned Single Judge of this Court, with reference to Rule 16 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 24 of the Kerala Land Assignment Rules, has found as under:
"Para.23. Though public interest is often identified synonymously with public welfare or larger welfare of the society, it has to be understood contextually in the background of legislation. The Legislature while enacting the Land Assignment Act had only intended to put control over the unbridled power of the executive Government to dispose of the property. Public interest referred under R.24 of the Land Assignment Rules has to be understood to check the power of the Government while it decides to dispose of State property. That means that the Government must act fairly and transparently without any extraneous consideration. It is not necessary that land assigned should be utilized for a public purpose or larger welfare of the society. That is the reason for referring to 'beneicial enjoyment' in the Land Assignment Rules having mentioned to adjoining registered holders. They also have been recognized for assignment of State land. If the power exercised by the Government is not abuse and does not carry malice or bad faith, it would satisfy the test of public interest."17
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 "Para.25. The upshot of discussions as above reflect the law on the power of the Executive Government to dispose of State property is as follows:
i. Executive Government has the power to dispose and assign the State property to an identifiable individual or entity on public interest.
ii. Executive Government has no power to assign the State property to identifiable individual or entity if such assignment is not relatable to the public interest of the assignee without devising transparent procedure and without giving an opportunity to all.
iii. Executive Government has the power to assign the State property in favour of any persons or entity not relatable to the public interest of such assignee by devising the transparent procedure like public auction or tender.
iv. The executive power of the State Government co-exists with the power conferred under R.24 of the Kerala Land Assignment Rules.
18
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
v. The executive power of the State
Government to dispose of the property dehors the procedures contemplated under the Kerala Land Assignment Rules is only based on public interest."
In the light of the afore, I am of the opinion that the assignment in favour of the Church cannot be found fault with.
16. This Court also notices that the petitioners in W.P.(C) No.27942 of 2019 filed the application before the Government (Ext.P17), seeking cancellation of the patta, which application can only be traced to the provisions of Rule 21(9) of the Kerala Land Assignment Rules. However, a Division Bench of this Court, in Karimtharuvi Tea Estates v. State of Kerala [1991 (1) KLT 33] has found the afore provision to be void and unenforceable. In the light of the afore, the Government was not justified in having acted upon Ext.P17 application filed challenging the patta. I also notice that the fact that a Kappela was existing even when the 19 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 assignment was effected in 1980's is recorded in Ext.P12 report of the Tahsildar, Paravur, dated 28.06.1984. Therefore, the findings, to the contrary, in the impugned order cannot be sustained for that reason also.
17. At this juncture, this Court notices that the petitioners in W.P.(C) No.27942 of 2019 have a contention that there was a pathway having a width of two meters, which is stated to have been encroached by the Church. They have also sought for restoration of the original pathway in its original position. In my opinion, the afore claim cannot be adjudicated in a writ petition under Article 226 of the Constitution of India and it is for the parties to work out their remedies elsewhere.
In the result, these writ petitions would stand disposed of as under:
(i) The order dated 27.07.2019, produced as Ext.P12 in W.P.(C) No.8088 of 2020, is set aside.
(ii) W.P.(C) No.27942 of 2019 would stand dismissed.20
WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854
(iii) The contentions raised by the petitioners in W.P.(C) No.27942 of 2019 with reference to the pathway, as prayed for, in Sl.No.(3) of the reliefs portion is left open.
Sd/-
HARISANKAR V. MENON JUDGE Skk//07.01.2025 21 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 APPENDIX OF WP(C) NO.27942 OF 2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BEFORE PARAVUR TAHSILDAR DATED 05.12.2013.
EXHIBIT P2 TRUE COPY OF GOVERNMENT ORDER G.O(MS)NO.844/85/RD DATED 18.09.1985 ISSUED BY UNDER SECRETARY REVENUE DEPARTMENT EXHIBIT P3 TRUE COPY OF THE PATTA DATED 03.06.1994 ALONG WITH SKETCH GIVEN BY PARAVUR TAHSILDAR TO THE 7TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21.02.2017 SUBMITTED BEFORE KARUMALLOOR VILLAGE OFFICER.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 17.07.2017.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 19.07.2017 OF ADDITIONAL DISTRICT MAGISTRATE,ERNAKULAM.
EXHIBIT P7 TRUE COPY OF THE REPORT ALONG WITH SKETCH OF KARUMALLOOR VILLAGE OFFICER,DATED 21.07.2017.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE ADDITIONAL DISTRICT MAGISTRATE,ERNAKULAM DATED 31.07.2017 EXHIBIT P9 TRUE COPY OF THE LETTER TO REVENUE MINISTER ALONG WITH APPLICATION FOR PATTA DATED 03.02.1983.
EXHIBIT P10 TRUE COPY OF THE REPORT OF REVENUE INSPECTOR DATED 20.12.1983 EXHIBIT P11 TRUE COPY OF THE RULE 12(1)NOTICE DATED 09.01.1984.
EXHIBIT P12 TRUE COPY OF THE REPORT OF THE TAHSILDAR PARAVUR DATED 28.06.1984.
EXHIBIT P13 TRUE COPY OF THE APEAL FILED BY THE 7TH RESPONDENT BEFORE REVENUE MINISTER DATED 18.09.1985.
22WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF THE MEMORANDUM GIVEN TO THE PARAVUR TAHSILDAR. EXHIBIT P15 TRUE COPY OF THE RESOLUTION NO.15 DATED 19.06.1989 OF KARUMALOOR PANCHAYAT. EXHIBIT P16 TRUE COPY OF THE LETTER ISSUED BY THE KARUMALOOR GRAMA PANCHAYATH PRESIDENT ON 04.07.1989.
EXHIBIT P17 TRUE COPY OF THE PETITION FILED BEFORE THE REVENUE SECRETARY DATED 16.10.2017 EXHIBIT P18 TRUE PHOTOGRAPHS OF THE EXACT POSITION OF THE 62.125 CENTS AND WAY TO ABDUL KAREEM AND MATHACHAN PROPERTY.
EXHIBIT P19 TRUE COPY OF THE MINUTES OF THE MEETING DATED 19.12.2017 OF DISTRICT COURT.
EXHIBIT P20 TRUE COPY OF THE STATEMENT FILED BY THE 4TH RESPONDENT IN W.P(c)NO.3866 OF 2018. EXHIBIT P21 TRUE COPY OF THE JUDGMENT DATED 02.04.2019 IN WP(C)NO.3866 OF 2018.
EXHIBIT P22 TRUE COPY OF THE COMMISSION REPORT AND SKETCH IN O.S.NO.457 OF 2017 OF MUNSIFF COURT,PARAVUR.
EXHIBIT P23 TRUE COPY OF THE ORDER DATED 11.04.2019 PASSED IN I.A.NO.1616 OF 2017 IN O.S.NO.457 OF 2017 OF MUNSIFF COURT,NORTHY PARAVOOR.
EXHIBIT P24 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT NUMBERED AS G.O(MS)NO.240/2019/ REVENUE DATED 27.07.2019.
EXHIBIT P25 TRUE PHOTOS SHOWING THE OBSTRUCTION OF PATHWAY BY THE COMPOUND WALL AND KAPPELA CONSTRUCTED EXHIBIT P26 TRUE PHOTOS SHOWING THE CUTTING DOWN OF TREES IN THE PURAMBOKE LAND 23 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 EXHIBIT P27 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT EXHIBIT P28 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE EXT.P27 COMPLAINT RESPONDENTS' EXHIBITS:
EXHIBIT R7(A) TRUE COPY OF THE TAX RECEIPT BEARING NO.707 DATED 12.3.1997 ISSUED BY THE VILLAGE OFFICER, KARUMALLOOR EXHIBIT R7(B) TRUE COPY OF THE ORDER OF ASSIGNMENT DATED 18.9.1985 BEARING NO.844/85/RD EXHIBIT R7(C) TRUE COPY OF THE PATTA BEARING B-11837/87 DATED 3.06.1994 BY THE TAHSILDAR PARAVUR EXHIBIT R7(D) THE PHOTOGRAPHS OF THE PATHWAY LEADING TO THE CHURCH AND THE CHURCH EXHIBIT R7(E) TRUE COPY OF THE SUIT O.S.457 OF 2017 DATED
20.7.2017 ON THE FILE OF THE MUNSIFF'S COURT NORTH PARUR EXHIBIT R7(F) TRUE COPY OF THE ORDER OF INJUNCTION IN I.A.NO.1616 OF 2017 IN O.S.457 OF 2017 ON THE FILE OF THE MUNSIFF'S COURT NORTH PARUR DATED 27.7.2017 EXHIBIT R7(G) TRUE COPY OF THE ORDER DATED 11.4.2019 IN I.A.1616 OF 2017 IN O.S.457 OF 2017 ON THE FILE OF MUNSIFF'S COURT NORTH PARUR EXHIBIT R7(H) TRUE COPY OF THE PHOTOGRAPH OF THE ARCH PLACED IN THE PATHWAY LEADING TO THE CHURCH EXHIBIT R7(I) TRUE COPY OF THE ORDER BEARING NO.M6-5645/17 DATED 31.7.2017 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE FORT KOCHI EXHIBIT R7(J) TRUE COPY OF THE ORDER DATED 9.8.2017 IN CRL.R.P.939 OF 2017 OF THIS HONOURABLE COURT EXHIBIT R7(K) THE TRUE COPY OF THE LETTER OF REQUEST 24 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 SUBMITTED BY THE 2ND AND 5TH PETITIONER DATED 17.6.1994 BEFORE THE CHURCH AUTHORITY EXHIBIT R7(L) TRUE COPY OF THE LETTER DATED 4.12.2017 ISSUED BY K.A.JOSEPH, MEMBER OF THE CHURCH TO THE PUBLIC INFORMATION OFFICER, ALANGAD BLOCK PANCHAYAT EXHIBIT R7(M) TRUE COPY OF THE REPLY DATED 22.12.2017 ISSUED BY THE PUBLIC INFORMATION OFFICER ALANGAD BLOCK PANCHAYAT TO K.A. JOSEPH EXHIBIT R7(N) TRUE COPY OF THE LETTER DATED 29.8.2017 ISSUED BY KARUMALOOR GRAMA PANCHAYAT EXHIBIT R7(O) THE TRUE COPY OF THE REPORT DATED 20.12.1983 PREPARED BY THE REVENUE INSPECTOR ALANGAD WITH REGARD TO THE PROPERTY TO BE ASSIGNED IN FAVOUR OF THE CHURCH SHOWING THE LIE OF THEH PROPERTY EXHIBIT R7(P) TRUE COPY OF THE JUDGMENT DATED 2.4.2019 IN W.P.C.3866 OF 2018 EXHIBIT R7(Q) TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(RT)NO.240/2019/REVENUE DATED 27.7.2019 EXHIBIT R7(R) TRUE COPY OF THE ORDER DATED 9.10.2019 IN R.P:.NO 454 OF 2019 EXHIBIT R7(S) TRUE COPY OF THE SURVEY PLAN PERTAINING TO THE PROPERTY ASSIGNED TO THE CHURCH AND THE TWO METER PATHWAY WHICH IS MADE AVAILABLE FOR THE RESPONDENTS FOR INGRESS AND EGRESS TO THEIR PROPERTY ISSUED BY THE SURVEY AUTHORITIES EXHIBIT R7(T) TRUE COPY OF THE REPORT DATED 23.11.2017 OF THE TAHSILDAR PARAVUR ISSUED AS PER R.T.I. APPLICATION OF THE 7TH RESPONDENT ALONG WITH THE LETTER DATED 11.12.2017 OF THE PUBLIC INFORMATION OFFICER 25 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 APPENDIX OF WP(C) NO.8088 OF 2020 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER OF AUTHORIZATION ISSUED BY THE BISHOP OF VARAPUZHA ARCHDIOCESE DATED 09.1.2017 EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT BEARING NO.707 DATED 12.3.1997 ISSUED BY THE VILLAGE OFFICER, KARUMALLOOR EXHIBIT P3 TRUE COPY OF THE ORDER OF ASSIGNMENT DATED
18.09.1985 BEARING NO.844/85/RD EXHIBIT P4 TRUE COPY OF THE PATTA BEARING B-11837/87 DATED 3.06.1994 BY THE TAHSILDAR PARAVUR EXHIBIT P5 THE PHOTOGRAPHS OF THE PATHWAY LEADING TO THE CHURCH AND THE CHURCH EXHIBIT P6 TRUE COPY OF THE SUIT O.S.457 OF 2017 DATED 20.06.2017 ON THE FILE OF THE MUNSIFF'S COURT, NORTH PARUR EXHIBIT P7 TRUE COPY OF THE ORDER OF INJUNCTION IN IA NO.1616/2017 IN OS.457/2017 ON THE FILE OF THE MUNSIFF'S COURT NORTH PARUR DATED 27.7.2017 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 11.4.2019 IN IA 1616 OF 2017 IN O.S 457/2017 ON THE FILE OF THE MUNSIFF'S COURT NORTH PARUR EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPH OF THE ARCH PLACED IN THE PATHWAY LEADING TO THE CHURCH EXHIBIT P10 TRUE COPY OF THE ORDER BEARING NO.M6-5645/17 DATED 31.7.2017 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE FORT KOCHI EXHIBIT P11 TRUE COPY OF THE ORDER DATED 09.08.2017 IN CRL.MA.4219/17 IN CRL.R.P.939/2017 OF THE HONOURABLE COURT EXHIBIT P12 TRUE COPY OF THE ORDER DATED 27.7.2019 ISSUED 26 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 BY THE FIRST RESPONDENT BEARING NO.BEARING GO(RT)NO.240/2019/REV DATED 27.7.2019 EXHIBIT P13 TRUE COPY OF THE PATTA SKETCH AND THE REVENUE REPORT PREPARED BY THE TEHSILDAR, NORTH PARAVUR AT THE TIME OF GRANT OF PATTA TO THE PETITIONER EXHIBIT P14 TRUE COPY OF THE LETTER OF REQUEST SUBMITTED BY THE RESPONDENTS 8 AND 11 DATED 17.06.1994 BEFORE THE CHURCH AUTHORITY EXHIBIT P15 TRUE COPY OF THE LETTER DATED 4.12.2017 ISSUED BY K.A. JOSEPH, MEMBER OF THE CHURCH TO THE PUBLIC INFORMATION OFFICER, ALANGAD BLOCK PANCHAYAT EXHIBIT P16 TRUE COPY OF THE REPLY DATED 22.12.2017 ISSUED BY THE PUBLIC INFORMATION OFFICER ALANGAD BLOCK PANCHAAT TO K.A.JOSEPH EXHIBIT P17 TRUE COPY OF THE LETTER DATED 29.08.2017 ISSUED BY KARUMALOOR GRAMA PANCHAYAT EXHIBIT P18 TRUE COPY OF THE REPORT DATED 20.12.1983 PREPARED BY THE REVENUE INSPECT ALANGAD WITH REGARD TO THE PROPERTY TO BE ASSIGNED IN FAVOUR OF THE CHURCH SHOWING THE LIE OF THE PROPERTY RESPONDENTS' EXHIBITS:
EXHIBIT R7(A) TRUE COPY OF THE REPORT AND SKETCH DATED 20.12.1983 OF REVENUE INSPECTOR ALANGAD.
EXHIBIT R7(B) TRUE PHOTOGRAPHS OF THE PRESENT EXACT POSITION OF 62.125 CENTS AND WAY TO ABDUL KAREEM & MATHACHAN'S PROPERTY.
EXHIBIT R7(C) TRUE COPY OF THE REPORT ALONG WITH SKETCH DATED 21.07.2017 OF KARUMALLOOR VILLAGE OFFICER.
EXHIBIT R7(D) TRUE COPY OF THE RULE 12(1) NOTICE DATED 09.01.1984.
27WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 EXHIBIT R7(E) TRUE COPY OF THE RELEVANT PAGES OF THE PETITION SUBMITTED BY THE LOCAL PEOPLE TO TAHASILDAR.
EXHIBIT R7(F) TRUE COPY OF THE RESOLUTION NO.15 PASSED BY THE KARUMALLOOR GRAMA PANCHAYAT DATED 19.06.1989.
EXHIBIT R7(G) TRUE COPY OF THE LETTER DATED 04.07.1989 ISSUED BY THE KARUMALLOOR PANCHAYAT PRESIDENT. EXHIBIT R7(H) TRUE COPY OF THE COMMISSION REPORT AND SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER DEEPU K.V.BEFORE PARUR MUNSIFF COURT IN O.S.457/2017.
EXHIBIT R7 (I) TRUE COPY OF THE OBJECTION DATED 15.09.2020 ANNEXURE C1 A TRUE COPY OF THE NOTICE DATED 03.08.2020 ANNEXURE C2 A TRUE COPY OF THE COMMUNICATION DATED 06.08.2020 ISSUED BY THE SENIOR SURVEYOR ANNEXURE C3 A TRUE COPY OF THE NOTICE DATED 11.09.2020 ANNEXURE C4 A TRUE COPY OF THE NOTICE DATED 06.11.2020 ANNEXURE C5 A TRUE COPY OF THE MAIN SKETCH WITH PROPER MEASUREMENTS PREPARED BY THE HEAD SURVEYOR ANNEXURE C6 A TRUE COPY OF THE SKETCH NO.3 ANNEXURE C7 TRUE COPY OF THE PHOTOGRAPHS OF THE BOUNDARY WALL AND TREES.
ANNEXURE C8 TRUE COPY OF THE SKETCH NO.2 ANNEXURE C9 A TRUE COPY OF THE PHOTOGRAPH OF ARCH AND KAPPELA ANNEXURE C10 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE 10TH RESPONDENT ANNEXURE C11 TRUE COPY OF THE PHOTOGRAPH OF THE PATHWAY THAT LEADS TO THE PROPERTY OF THE 11TH AND 8TH 28 WP(C) Nos.27942/2019 & 8088/2020 2025:KER:854 RESPONDENT ANNEXURE C12 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE KAPPELA AND ITS PREMISES ANNEXURE C13 TRUE COPIES OF THE PHOTOGRAPHS OF THE CHURCH AND PARISH HALL ANNEXURE C14 TRUE COPIES OF THE RELEVANT PHOTOGRAPHS OF WELL AND TREES ANNEXURE C15 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE 10TH RESPONDENT'S DAUGHTER JAMSHEENA ANNEXURE C16 TRUE COPIES OF THE PHOTOGRAPHS OF THE PATHWAY LEADS TO THE PROPERTY OF THE 8TH AND 11TH RESPONDENT ANNEXURE C17 THE COPY OF THE MEASUREMENT REPORT SHOWING THE DETAILS AND ACTUAL EXTENT OF THE SUBJECT PROPERTY