Kerala High Court
Joby Vettiyadan vs State Of Kerala on 4 December, 2019
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 04TH DAY OF DECEMBER 2019/13TH AGRAHAYANA, 1941
WP(C).No.32102 OF 2018(K)
PETITIONERS :-
1 JOBY VETTIYADAN, AGED 44 YEARS,
S/O.LATE PAILY VARGHESE (P1 NOTICE ISSUED TO
PAILY), VETTIYADAN HOUSE, JELLIPPARA P.O.,
KURUKKANKUNDU, PALAKKAD - 678 581.
2 THRESSIAMMA, AGED 51 YEARS
W/O.LATE JOSEPH JOSEPH (P1 NOTICE ISSUED TO
JOSEPH) ERUMATHANATHU HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
3 MARIYAKUTTY THOMAS ALIAS MARY THOMAS,
AGED 83 YEARS,
KOLLAMPARAMBIL HOUSE, KARIMBA P.O,
PALAKKAD - 678 597.
4 ROSILY, AGED 50 YEARS, W/O.LATE BABU K.U (P1
NOTICE ISSUED TO BABU K.U), KUDILIL HOUSE,
JELLIPPARA P.O. KURUKANKUNDU, PALAKKAD - 678 581.
5 CHACKO JOSEPH, AGED 85 YEARS,
ERUMATHANATHU HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
6 M. BALAKUMAR, AGED 48 YEARS,
C/O.V. MAHADEVANPILLA (P1 NOTICE ISSUED TO V
MAHADEVANPILLA, HOUSE NO. 56, VELL JAWAR LINE,
KOVAI-1, 641 001.
7 SHAJI, AGED 43 YEARS, S/O.JOSEPH,
VATTUKALATHIL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
8 ANNAMMA, AGED 53 YEARS
W/O.LATE ULAHANNAN JOSEPH (P1 NOTICE ISSUED TO
ULAHANNAN) ERUMATHANATHU HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
9 V.T. SEBASTAIN, AGED 65 YEARS,
S/O.LATE THOMAS DEVASYA (P1 NOTICE ISSUED TO
THOMAS DEVASYA), VATTUKALATHIL HOUSE,
JELLIPPARA P.O, KURUKANKUNDU, PALAKKAD - 678 581.
WP(C).No.32102 OF 2018(K)
-: 2 :-
10 THRESYAMMA. AGED 80 YEARS,
W/O.LATE MATHAI CHACKO (P1 NOTICE ISSUED TO
MATHAI CHACKO), MUZHIKALCHALIL HOUSE,
JELLIPPARA P.O, KURUKANKUNDU, PALAKKAD - 678 581.
11 ANNIE KUSMOSE, AGED 30 YEARS
VARIKAYAMAKAL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
12 SALI KUSUMOSE, AGED 55 YEARS
C/O.ANNIE KUSUMOSE (P1 NOTICE ISSUED TO ANNIE
KUSMOSE) VARIKAYAMAKAL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
13 AUGUSTIAN JOSEPH, AGED 72 YEARS
PAREKUDIYIL HOUSE, JELLIPPARA P.O, KURUKANKUNDU,
PALAKKAD - 678 581.
14 SIJO SEBASTIAN, AGED 37 YEARS
S/O.LATE THANKAMMA SEBASTIAN (P1 NOTICE ISSUED TO
THANKAMA SEBASTAIN), VATTUKALATHIL HOUSE,
JELLIPPARA P.O, KURUKANKUNDU, PALAKKAD - 678 581.
15 GRACY MATHEW, AGED 61 YEARS
MAMPARAMBIL HOUSE, JELLIPPARA P.O,
KURUKKANKUNDU, PALAKKAD - 678 581.
16 MARIAMMA, AGED 85 YEARS
W/O.LATE VARKEY JOSEPH (P1 NOTICE ISSUED TO
VARKEY JOSEPH), ERUMATHANATH HOUSE,
JELLIPPARA P.O, KURUKKANKUNDU, PALAKKAD - 678 581
17 JOSE THOMAS, AGED 75 YEARS
VATTUKALATHIL HOUSE, JELLIPPARA P.O,
KURUKKANKUNDU, PALAKKAD - 678 581.
18 THOMAS JOSEPH, AGED 55 YEARS
CHOVVATTUKUNNEL HOUSE, MUTHUKADU P.O,
PERAMBRA, KOZHIKODE - 673 528.
19 WILSON JOSEPH, AGED 46 YEARS
VATTUKALATHIL HOUSE, JELLIPPARA P.O,
KURUKKANKUNDU, PALAKKAD - 678 581.
20 E J KURIAN JOSEPH, AGED 67 YEARS
ERUMATHANATH HOUSE, JELLIPPARA P.O,
KURUKKANKUNDU, PALAKKAD - 678 581.
WP(C).No.32102 OF 2018(K)
-: 3 :-
21 MARIAKUTTY THOMAS, AGED 72 YEARS
W/O.LATE THOMAS JOSEPH (P1 NOTICE ISSUED TO
THOMAS JOSEPH), ERUMATHANATH HOUSE,
JELLIPPARA P.O, KURUKANKUNDU, PALAKKAD - 678 581
22 SURAJ, AGED 39 YEARS, S/O.RAJAN,
C/O.VARGHESE VARGHESE KOYIPURATH (P1 NOTICE
ISSUED TO VARGHESE VARGHESE), CHARALINGAL HOUSE,
MALAMELKAVU P.O, PATTAMBI, PALAKKAD - 679 303.
23 PREMSI, AGED 35 YEARS, D/O.RAJAN,
C/O.MATHEW MATTAPARAMBIL (P1 NOTICE ISSUED TO
MATHEW), CHARALINGAL HOUSE, MALAMEL KAVU P.O,
PATTAMBI, PALAKKAD - 679 303.
24 JAYAN, AGED 49 YEARS, C/O.JOY KUDILIL (P1 NOTICE
ISSUED TO JOY KUDILIL) NAYATTIL PUTHENVETTIL
HOUSE, KOOTTANADU, PALAKKAD - 679 533.
25 ANNAKUTTY, AGED 38 YEARS,
W/O.LATE. BABY PUTHANVEETIL (P1 NOTICE ISSUED TO
BABY PUTHENVEETIL), PUTHENVEETTIL HOUSE,
JELLIPPARA P.O, KURUKKANKUNDU, PALAKKAD - 678 581
26 SUNDARAN, AGED 49 YEARS
S/O LATE CHATHAN (P1 NOTICE ISSUED TO CHATHAN)
JELLIPPARA P.O, KURUKKANKUNDU, PALAKKAD - 678 581
27 CHURCH VICAR, SANTHINATHA CHURCH, SANTHITHADAM,
JELLIPPARA P.O, KURUKKANKUNDU, PALAKKAD - 678 581
28 T.T. GEORGE THURACKAL, AGED 59 YEARS
THURACKAL HOUSE, JELLIPPARA P.O, KURUKKANKUNDU,
PALAKKAD - 678 581.
29 A.C. THOMAS, AGED 51 YEARS
S/O.THOMAS, ARACKAPARAMBIL HOUSE, KARARA P.O,
PALALKKAD - 678 581.
30 SCARIA, AGED 55 YEARS
S/O.JOSEPH, VETTIKUZHIYIL HOUSE, KALLAMALA P.O,
PALAKKAD - 678 582.
31 CHRISTY MATHEW, AGED 34 YEARS
S/O.LATE M.E. MATHEW (P2 NOTICE ISSUED TO M.E.
MATHEW), MAMPARAMBIL HOUSE, JELLIPPARA P.O,
KURUKKANKUNDU, PALAKKAD - 678 581
WP(C).No.32102 OF 2018(K)
-: 4 :-
32 JOSE VARGHESE, AGED 42 YEARS, C/O.BAIJU,
THODIYIL HOUSE, JELLIPPARA P.O, PALAKKAD-678 581
33 ELIYAMMA, AGED 38 YEARS, W/O.SHAJI,
VATTUKALATHIL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581
34 ANNAKKUTTY, AGED 62 YEARS
W/O.KURIAN, ERUMATHANATH HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
35 CHINNAMMA SCARIA, AGED 50 YEARS
C/O.SCARIA, (P2 NOTICE ISSUED TO SCARIA),
VETTUKUZHIYIL HOUSE, KALLAMALA P.O,
PALAKKAD - 678 582
36 SHAJU, AGED 50 YEARS
S/O.THOMAS, ERUMATHANATH HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581
37 MARY JOSEPH, AGED 71 YEARS
W/O.JOSEPH, KULATHINAL HOUSE, KARARA P.O,
MUNDANPARA, PALAKKAD.
38 SALOMI, AGED 44 YEARS
W/O.THOMAS, VATTUKALATHIL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581
39 MINI, AGED 33 YEARS, W/O.BAIJU,
THOTTIYIL HOUSE, JELLIPPARA P.O, KURUKANKUNDU,
PALAKKAD - 678 581
40 SAJI JOSEPH, AGED 38 YEARS, S/O.JOSEPH,
VATTUKALATHIL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
41 N.J. THOMAS, AGED 60 YEARS
NOORUPARAYIL HOUSE, JELLIPPARA P.O,
KURUKANKUNDU, PALAKKAD - 678 581.
BY ADVS.SRI.JAMES KURIAN
SRI.AKHIL A.G.
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
WP(C).No.32102 OF 2018(K)
-: 5 :-
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
FOREST AND WILDLIFE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 THE CHIEF CONSERVATOR OF FOREST (PROTECTION)
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014
4 THE CONSERVATOR OF FOREST
OLAVACODE, PALAKKAD DISTRICT - 678 002
5 THE DISTRICT COLLECTOR
PALAKKAD COLLECTORATE,
PALAKKAD DISTRICT - 678 001
6 THE DIVISIONAL FOREST OFFICER
MANNARKKAD DIVISION, PALAKKAD DISTRICT - 678 582
7 THE DIRECTOR
DEPARTMENT OF SURVEY AND LAND RECORDS,
SURVEY BHAVAN, COTTON HILL RD, COTTON HILL,
VAZHUTHACAUD, THIRUVANANTHAPURAM,
KERALA - 695 014.
BY SRI.SANDESH RAJA, SPL.GP (FORESTS)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.32102 OF 2018(K)
-: 6 :-
JUDGMENT
1. This writ petition is filed with the following prayers:
"(i) Call for the records relating to Exhibits P1 & P2 and quash the same by issue of a writ of certiorari or such other appropriate writ, direction or order.
(ii) to direct the 2nd respondent by issue of a writ of mandamus or such other appropriate writ, direction or order to initiate necessary proceedings for carrying out a joint survey of the lands in Sy. No. 2019 in Kallamala village, Manarkkad Taluk, Palakkad at the earliest thereby demarcating the forest boundary from the agricultural land owned by the petitioners and duly considering the representations made by the petitioners while carrying out such survey."
2. Heard the learned counsel for the petitioners and the learned Special Government Pleader [Forests].
3. The petitioners, 41 persons in number, claim that they have been in possession of land in Survey No. 2019 of Kallamala Village, Manarkkad Taluk for over 5 decades. They claim that they are cultivating various agricultural crops in the land. They challenge Exts. P1 and P2 notices issued by the 4 th respondent WP(C).No.32102 OF 2018(K) -: 7 :- seeking to vacate the land forthwith. It is stated that no notification has been issued under the Kerala Private Forests [Vesting & Assignment] Act, 1971 and the notices are being issued on the wrong presumption that the lands owned by the petitioners are vested in the Government. It is stated that some of the petitioners have absolute title over the property as evidenced by pattas issued in their name or in the name of their predecessors-in-interest and that they are entitled to possess property in terms of the pattas issued. Reliance is placed on a decision of the Apex Court in State of Kerala & Anr. Vs. Muhammed Basheer [2019 (1) KLT 386] to contend that the existence of a patta issued under the Land Reforms Act is evidence of lawful possession over the property. It was held that certificate of purchase is also a conclusive proof that the occupant was in possession of the land as a cultivating tenant and in such cases, the land would be exempt from vesting under sub section 2 of Section 3 of the Kerala Private Forests (Vesting and Assignment) Act, 1971.
4. In the instant case, it is contended that Ext. P1 notice issued to 30 persons would itself show that the persons WP(C).No.32102 OF 2018(K) -: 8 :- mentioned therein were in possession of purchase certificate and only contention was that those purchase certificates had been issued without the permission of the Forest Department. It is stated that in the case of petitioners, who have been issued with Ext. P2 notice, they are in possession of the properties on valid title and are not liable to be evicted. It is contended that the entire property owned by the petitioners is in their possession for the past five decades or more and that steps taken by the respondents to evict them without any warning is completely unwarranted.
5. The learned counsel for the petitioners further contends that purpose of vesting of private forests under the Kerala Private Forests (Vesting and Assignment) Act, 1971 is for the assignment of land so vested in favour of the landless agriculturalists and for the benefit of persons like the petitioners and that the attempt to evict the petitioners from land, for which they hold title and in which they are carrying out agricultural operations, is completely untenable and is against the provisions of the Act.
6. A statement has been placed on record by the 6 th WP(C).No.32102 OF 2018(K) -: 9 :- respondent producing Annexure R6(a) notification dated 10.10.1977. It is stated that the petitioners are occupying properties which form part of the Onthumala Malavaram which has been notified as a private forest in terms of Annexure R6(a). It is contended that Section 4 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 provides that all private forests vested in the Government, under sub section (1) Section 3, shall be deemed to be reserved forest under the Kerala Forest Act 1961. It is further submitted that Section 22 of the Kerala Forest Act, 1961 provides that every patta issued without previous sanction of the Government for any land included within a reserve forest shall be null and void. It is, therefore, contended that only a patta issued with sanction of the Government, as provided under Section 22 of the Kerala Forest Act, can be a valid patta which would confer any right on the holder of the same. It is contended that the pattas, if any, possessed by any of the petitioners issued after vesting of the property in the Government in terms of the Act can have no effect in accordance with law. It is further contended that no joint verification is contemplated in respect of the properties which already stand vested. The petitioners are persons, who WP(C).No.32102 OF 2018(K) -: 10 :- have encroached into the reserve forest after 01.01.1977. It is stated that this Court by judgment dated 04.09.2015 in O.P. Nos. 18467/2002 and O.P. No. 1947/2003 has directed the Government to evict the encroachments effected after 01.01.1977, within one year. It is further submitted that the petitioners in the writ petition are not in actual possession of the properties and that even if they are so in possession the nature of the land is a dispute that they have to raise their claims before the Forest Tribunal in accordance with the Kerala Private Forests (Vesting and Assignment) Act, 1971.
7. I have considered the contentions advanced. Some of the petitioners claim that they are in possession of pattas issued in their favour or in favour of their predecessors-in- interest prior to 1977. It is, therefore, contended that Ext.P1 notices issued against those persons, who are in possession of the properties on the basis of such pattas, are unsustainable. It is stated that there is no contention that pattas issued to the petitioners have been invalidated by a procedure known to law. The only contention is that the pattas possessed by the persons mentioned in Ext.P1 do not have the prior approval of the WP(C).No.32102 OF 2018(K) -: 11 :- Government and therefore, the petitioners are required to vacate the land in question.
8. A Division Bench of this Court in W.P.(C) Nos. 18467/2002 and 1947/2003 had considered the issue of encroachments subsequent to 01.01.1977. After noticing the contentions of the Government also, this Court held by common judgment dated 04.09.2015 that in the absence of permission from the Central Government in terms of the Forest Conservation Act, 1980 there could have been no assignment of any forest land in favour of encroachers. The writ petitions were, therefore, disposed of directing the Government to take necessary action to initiate the proceedings under the Land Conservancy Act 1957 and the Kerala Forest Act 1961 to remove encroachments from forest land after issuing statutory notice to the encroachers and pass appropriate orders in accordance with the procedure prescribed. The process was directed to be initiated within a period of six months.
9. It is submitted by the learned Government Pleader that it was in pursuance of the direction of this Court that notices had WP(C).No.32102 OF 2018(K) -: 12 :- been issued to the persons who were found in illegal possession of forest land. It is submitted that the petitioners herein had immediately approached this Court and obtained an order that they shall not be dispossessed from the property, if they are in actual possession. Pursuant to an application for vacating the order of stay filed by the Forest Department, this Court had directed the petitioners to produce the documents or legitimate proceedings by which they are in possession of the properties in question. They were also required to place on record an affidavit showing the extent of land possessed by each of the petitioners. Certain records have been produced in respect of some properties. The learned Government Pleader would submit that properties in question are vested forest and that as such the petitioners can have no claim as to title adverse to the interest of the State. It is contended that the concept of vesting of forest land for the purpose of assignment to the landless agriculturalists for their cultivation had long been overridden by the enactment of the Forest Conservation Act and that awareness that forests are to be conserved for the best interest of human life on this planet has resulted in the entire issue being viewed from the point of view of conservation. It is, WP(C).No.32102 OF 2018(K) -: 13 :- therefore, contended that conservation of forest is a bounden duty of the State and that the petitioners, who claim possession of the forest land can raise a dispute and produce specific documents before the respondents to show their title and the factum of their possession.
10. It is further contended that the land in question is uninhabited and there is only sporadic human settlement in the area in question. It is contended that attempt of the petitioners, who are permanently residing else where, is only to raise claim on land to which they are not legally entitled. It is submitted that on the strength of the interim order granted by this Court, attempts were made by some of the petitioners to enter the properties and cut the trees standing thereon. It is stated that cases have been booked against some of the petitioners for the said offence and that the interim order is creating severe prejudice to the department and resultantly to the interest of the protection of the environment. It is submitted that the encroachments in forest land will lead to denudation of the environment and is liable to be resisted at all cost.
WP(C).No.32102 OF 2018(K) -: 14 :-
11. On a consideration of the contentions advanced, I am of the opinion that it is for the petitioners in this writ petition to establish their contentions with regard to their title and possession with respect to the properties in question. This Court exercising the jurisdiction of judicial review cannot consider the issue whether the petitioners or any one of them have title to the properties or are in possession of the properties prior to 1977. If the petitioners are found to be encroachers after 1.1.1977, the directions contained in the judgment of the Division Bench of this Court in W.P.(C) No. 18467 of 2002 and connected cases would squarely apply to them and they would liable to be evicted from the property. It is pertinent in this respect to note that the decision of the Apex Court relied on by the learned counsel for the petitioners was one rendered in a Civil Appeal filed by the State against a judgment of this Court in an MFA filed under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The factual aspect whether the land in question was 'Forest' as defined in the Act as on the appointed day and as to whether the petitioners are in possession of the properties lawfully cannot be decided by this Court exercising jurisdiction under Article WP(C).No.32102 OF 2018(K) -: 15 :- 226 of the Constitution of India. In case the petitioners have a case that they are in possession of the lands on the basis of valid title deeds which would show that the property was being cultivated by them on the appointed day, it is for them to agitate the matter before the Forest Tribunal in terms of Section 8 of the 1971 Act.
12. After the matter was reserved for judgment, the petitioners made a submission that further documents may be permitted to be produced. Thereafter, the writ petition was posted again on 22.11.2019. A petition was filed seeking the acceptance of additional documents produced as Exhibits P21 to P26. The documents produced are the Asset Register of Agali Grama Panchayat, report of the Petitions Committee of the Legislative Assembly, printout of the joint survey plans obtained from the official website of the Kerala Bio Diversity Board, a joint verification statement and correlation statement of the properties in Kallamala village and Agali village etc. These documents are relied on by the writ petitioner in support of the contention that the properties from which eviction is now ordered is not Forest land. As I have already WP(C).No.32102 OF 2018(K) -: 16 :- stated, this Court cannot enter into a factual appreciation as to the nature of the lands in respect of which the petitioners claimed possession. It is the specific case of the respondents that the properties in question are vested forest and are covered by notification issued under the Kerala Private Forest (Vesting and Assignment) Act, 1971 to that effect. If that be so, the factual examination as to the claims of the individual petitioners has to be taken up through a process provided by law, that is, by approaching the Forest Tribunal with an original application under Section 8 raising a dispute that the properties in question are not forest lands or that the petitioners have a right to possess the properties in accordance with law. I am of the opinion that it is not for this Court to consider the issue in a writ petition filed challenging a notice for eviction issued by the respondents on the specific ground that the properties are vested forest. The challenge against the notices of eviction therefore must fail.
13. However, in view of the contentions raised by the petitioners in this writ petition that at least some of the petitioners are in possession on the basis of valid purchase WP(C).No.32102 OF 2018(K) -: 17 :- certificates issued after due enquiry, such of the petitioners who have put up tenements in the properties and are actually residing in the properties will not be dispossessed until the application if any to be preferred by them before the Forest Tribunal within two months from today is considered and disposed of in accordance with law. The petitioners who are not residing in the properties or are not in actual possession shall not be permitted to enter into the properties or to cut or remove any trees or other forest produce therefrom on the basis of the protection granted. In case the petitioners do not move the Forest Tribunal within the time provided herein, it is made clear that further action in pursuance to the notices can be taken against them in accordance with law.
Sd/-
ANU SIVARAMAN JUDGE kmd WP(C).No.32102 OF 2018(K) -: 18 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 10.09.2018 ISSUED BY THE 6TH RESPONDENT TO PETITIONERS 1 TO 27 EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 10.09.2018 ISSUED BY THE 6TH RESPONDENT TO PETITIONERS 28 TO 41 EXHIBIT P3 TRUE COPY OF PURCHASE CERTIFICATE DATED 26.06.1974 ISSUED BY AGALI LAND TRIBUNAL TO ULAHANNAN WITH THE LAST PAID TAX RECEIPT EXHIBIT P4 TRUE COPY OF ORDER DATED 09.12.1976 IN S.M. NO. 854 OF 1976 OF THE LAND TRIBUNAL, AGALI.
EXHIBIT P5 TRUE COPY OF THE SAID ORDER DATED 29.07.2013 IN H.R.M.P. NO.1438/2012 OF THE KERALA STATE HUMAN RIGHTS COMMISSION.
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 02.10.2017 ISSUED BY THE 6TH RESPONDENT ALONG WITH THE LIST OF THE PERSONS WHO HAD SUBMITTED THEIR DOCUMENTARY EVIDENCE AND A SKETCH OF THE AGRICULTURAL HOLDINGS.
EXHIBIT P7(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 29.5.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 1ST PETITIONER.
EXHIBIT P7(b) TRUE COPY OF THE ORDER OF LAND TRIBUNAL AGALI. EXHIBIT P8(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 28.3.1974 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 2ND PETITIONER.
EXHIBIT P8(b) TRUE COPY OF PLAINT FILED BY STATE BANK OF INDIA BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT AT OTTAPPALAM.
EXHIBIT P9(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 3RD PETITIONER.
WP(C).No.32102 OF 2018(K) -: 19 :- EXHIBIT P9(b) TRUE COPY OF THE ORDER OF THE LAND TRIBUNAL. EXHIBIT P9(c) TRUE COPY OF THE SAID DEED VIDE SALE DEED No.5835 OF 1985 OF MANNARKADU SUB REGISTRAR OFFICE.
EXHIBIT P10(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 26.6.1974 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 4TH PETITIONER.
EXHIBIT P11(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 2.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 5TH PETITIONER.
EXHIBIT P12(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 6TH PETITIONER.
EXHIBIT P13(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 7TH PETITIONER.
EXHIBIT P13(b) TRUE COPY OF THE ORDER OF THE LAND TRIBUNAL AGALI.
EXHIBIT P13(c) TRUE COPY OF CERTIFICATE OF SALE REGISTERED AS DOCUMENT No.242 OF 1995 IN AGALI SUB REGISTRAR OFFICE.
EXHIBIT P14(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 8TH PETITIONER.
EXHIBIT P15(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF T HE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 9TH PETITIONER.
EXHIBIT P16(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 10TH PETITIONER.
EXHIBIT P17(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 11TH PETITIONER. WP(C).No.32102 OF 2018(K) -: 20 :- EXHIBIT P17(b) TRUE COPY OF THE SALE DEED No.816 OF 2005 OF AGALI SUB REGISTRAR OFFICE.
EXHIBIT P18(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 12TH PETITIONER.
EXHIBIT P18(b) TRUE COPY OF THE SALE DEED No.815 OF 2005 OF AGALI SUB REGISTRAR OFFICE.
EXHIBIT P19(a) TRUE COPY OF THE PURCHASE CERTIFICATE DATED 9.12.1976 OF THE AGALI LAND TRIBUNAL ISSUED TO THE PREDECESSOR-IN-INTEREST OF THE 11TH PETITIONER.
EXHIBIT P19(b) TRUE COPY OF THE ORDER DATED 18.5.1995 ON C.C.62 OF 1992 OF THE SPECIAL JUDGE, KOZHIKODE.
EXHIBIT P20(a) TRUE COPY OF THE LEASE RENT RECEIPT DATED 7.3.1962 ISSUED BY MOOPIL NAIR ESTATES.
EXHIBIT P20(b) LAND TAX RECEIPTS FOR 1988-90 YEAR. EXHIBIT P20(c) LAND TAX RECEIPTS FOR 2016-17 YEAR. EXHIBIT P21 TRUE COPY OF THE RELEVANT PAGES OF THE ASSET REGISTER KEPT IN THE AGALI GRAMA PANCHAYATH SHOWING THE ROADS OF KURUKKANKUND AREA WHERE THE DISPUTED PROPERTIES ARE SITUATED.
EXHIBIT P22 TRUE COPY OF THE REPORT DATED 22/03/2005, OF THE PETITIONS COMMITTEE OF THE HONOURABLE KERALA LEGISLATIVE ASSEMBLY.
EXHIBIT P23 TRUE PRINTOUT OF THE JOINT SURVEY PLAN APPROVED/PROPOSED BY THE GOVERNMENT OF KERALA FOR GETTING IT NOTIFIED THROUGH THE MOEF OF CENTRAL GOVERNMENT AND ALSO THE FOR ACCEPTANCE OF THE HONOURABLE NATIONAL GREEN TRIBUNAL, ON THE STRENGTH OF UMMEN V.UMMEN COMMITTEE REPORT, OBTAINED FROM THE OFFICIAL WEBSITE OF THE KERALA BIO DIVERSITY BOARD, IN RESPECT OF KALLAMALA VILLAGE.
EXHIBIT P24 TRUE PRINTOUT OF THE JOINT SURVEY PLAN APPROVED/PROPOSED BY THE GOVERNMENT OF KERALA FOR GETTING IT NOTIFIED THROUGH THE MoEF OF CENTRAL GOVERNMENT AND ALSO THE FOR ACCEPTANCE OF THE HONOURABLE NATIONAL GREEN TRIBUNAL, ON WP(C).No.32102 OF 2018(K) -: 21 :- THE STRENGTH OF UMMEN V.UMMEN COMMITTEE REPORT, OBTAINED FROM THE OFFICIAL WEBSITE OF THE KERALA BIO DIVERSITY BOARD, IN RESPECT OF AGALI VILLAGE.
EXHIBIT P25 TRUE COPIES OF THE RELEVANT PAGES OF JOINT VERIFICATION STATEMENT REGARDING THE ACTUAL STATUS OF KURUKKANKUNDU AREA IN KALLAMALA VILLAGE ON THE BORDER OF AGALI VILLAGE AS PER THE JOINT SURVEY COVERED BY EXHIBIT P23.
EXHIBIT P26 TRUE COPY OF THE RELEVANT EXTRACT OF THE CO-
RELATION REGISTER IN RESPECT OF SUCH CHANGE ISSUED BY THE VILLAGE OFFICER, KALLAMALA. RESPONDENTS' EXHIBITS :-
ANNEXURE R6(a) : TRUE COPY OF THE NOTIFICATION No.D-1383/77 DATED 10.10.1977.
//TRUE COPY// P.A. TO JUDGE