Kerala High Court
Zubaida N vs The Sub Divisional Magistrate (Sub ... on 20 May, 2019
Equivalent citations: AIRONLINE 2019 KER 212
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
WP(C).No. 25954 of 2016
PETITIONER/S:
1 ZUBAIDA N.,
AGED 59 YEARS, W/O.LATE SUBAIR PILAKEEL,
RESIDING AT ZUBAIDA'S, BEHIND MASJID,
MAX NURSERY GARDEN ROAD, PADANNAPALANM,
KANNUR-670001.
2 ZAHIR NAVAS.P.,
AGED 33 YEARS, S/O.LATE SUBAIR PILAKEED,
RESIDING AT ZUBAIDA'S, BEHIND MASJID,
MAX NURSERY GARDEN ROAD, PADANNAPALANM,
KANNUR-670001.
3 ZAHANIAS.P.,
AGED 30 YEARS, D/O.LATE SUBAIR PILAKEED,
RESIDING AT ZUBAIDA'S, BEHIND MASJID,
MAX NURSERY GARDEN ROAD, PADANNAPALANM,
KANNUR-670001.
BY ADVS.
SRI.A.SUDHI VASUDEVAN (SR.)
SRI.JOSE JONES JOSEPH
SRI.M.PRAVEESH
RESPONDENT/S:
1 THE SUB DIVISIONAL MAGISTRATE (SUB COLLECTOR),
GUNDERT ROAD, THALASSERY-670101.
2 KANNUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUNICIPAL CORPORATION OFFICE, P.B.NO.32,
KANNUR-670001.
3 E.PRAMOD,
AGED 56 YEARS, S/O.KUNHIKANNAN, EDUKKADOTH HOUSE,
MAX NURSERY GARDEN ROAD,
PADANNAPALANM,
KANNUR-670001.
W.P.(C) No.25954 of 2016 2
4 C.M.DEEPIKA,
AGED 48 YEARS, W/O.E.PRAMOD,
EDUKKADOTH HOUSE,
MAX NURSERY GARDEN ROAD,
PADANNAPALANM, KANNUR-670001.
BY ADVS.
R1 BY SMT. PRINCY XAVIER, GOVERNMENT PLEADER
R2 BY SRI. K.K.CHANDRAN PILLAI (SR.)
SMT. AMBILY S.
R3 & R4 BY SMT.M.M.DEEPA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.25954 of 2016 3
JUDGMENT
This writ petition is filed by the petitioners seeking to quash Ext.P41 order passed by the Sub Divisional Magistrate, Thalassery dated 05.07.2016, holding that the property situated in Re-survey No. 54/1A of Kannur-II Village is a public property and issued directions to the Kannur-II Village Officer to demarcate the said property in order to use the same as a public road.
2. Case projected by the petitioners is that, the said land ordered to be kept as a public way is belonging to the petitioners by Exts.P1 and P2 and the husband of the 1st petitioner obtained title in respect of 77 cents of land which takes in the said strip marked as field No.2 in Ext.P42 sketch. On the death of Subair, the said property devolved upon the petitioners, and therefore, the order passed by the 1st respondent, adversely affecting the right, title and interest of the petitioners, is bad and illegal.
However, the 1st respondent by Ext.P41 had also ordered that petitioners can possess the properties in Re-
survey Nos.55/4C and 54/2A which are located on either side of the land in Re-survey No.54/1 and thereupon, interdicted respondents 3 and 4 from trespassing into W.P.(C) No.25954 of 2016 4 the said properties located in Re-survey Nos.55/4C and 52/2A. By the said order, 1st respondent has also directed the Town Surveyor to inspect and demarcate the land in Re-survey No.54/1A and handover the documents to the 2nd respondent, i.e., the Kannur Municipality and the Village Officer, Kannur-II.
3. The ground that is projected by the petitioners is that, Ext.P41 order passed by the 1 st respondent is without jurisdiction and violative of the principles of natural justice. It is also pointed out that, in Ext.P41, it is not specified by the 1st respondent the provision under which the said order is passed. It is also submitted that, Ext.P41 order is passed without providing sufficient opportunity of hearing to the petitioners. So also, none of the documents relied upon by the 1st respondent in order to pass Ext.P41 order was not made available to the petitioners. It is further submitted that, the findings rendered thereunder also are against the true facts and circumstances of the case, and therefore, the order suffers from the vice of arbitrariness and illegality. Petitioners have also produced various documents along with the writ petition in order to establish the title over the property in question.
W.P.(C) No.25954 of 2016 54. I have heard learned counsel for the petitioners, learned Government Pleader, learned counsel appearing for the 2nd respondent Municipality and the learned counsel appearing for respondents 3 and
4. Perused the pleadings and the documents on record.
5. The question that emanates for consideration is, whether any manner of interference is warranted to Ext.P41 order passed by the Sub Divisional Magistrate, Thalassery dated 05.07.2016. According to the petitioners, the property ordered to be re-possessed, to be used as a public way is belonging to the petitioners and they have got title and possession over the said properties, and at no point of time the property in question was used by the public as a public way. Moreover, it is contended that the order is violative of the principles of natural justice, since no opportunity of hearing was provided to the petitioners and further that copies of the documents relied upon are also not provided to the petitioners.
6. I have gone through the documents produced by the petitioners and find that petitioners have raised a prima facie case, which ought to have been a subject matter of consideration in the process of adjudication.
But, it is not at all reflected from Ext.P41 order as W.P.(C) No.25954 of 2016 6 to whether any reasonable opportunity was given to the petitioners in order to contest the proceedings. At the same time, it is stated that, petitioners have not produced any documents to establish the title over the property and the property in question was belonging to Arrackal Raja, in accordance with the revenue records.
On the other hand, learned Government Pleader and the learned counsel appearing for the party respondents submitted that it was based on documentary evidence that 1st respondent has passed Ext.P41 order, and every efforts were made to identify the property by the 1 st respondent through the Village Officer, and it was on the basis of the report submitted by the Village Officer, the property was directed to be surrendered in order to enable the public to use the property as a public way.
7. Having evaluated the rival submissions made across the Bar, I am of the considered opinion that, even though it is stated in Ext.P41 order that the petitioners have failed to establish their title over the property in question, it is not at all discernible from Ext.P41 order the issue raised by the petitioners with respect to the lack of opportunity to the petitioners to contest the proceedings. The documents W.P.(C) No.25954 of 2016 7 produced along with the writ petition also show that petitioners have raised a prima facie case which will have to be taken into account by the 1 st respondent in order to arrive at a just and fair conclusion with respect to the contentions raised by the petitioners regarding title over the property in question.
8. In that view of the matter, I am of the considered opinion that, Ext.P41 order suffers from the vice of arbitrariness and illegality, liable to be interfered with by this Court under Article 226 of the Constitution of India. Moreover, what I could gather from Ext.P41 order is that, it is an order passed by the 1st respondent invoking the powers conferred under Sec.133 of the Code of Criminal Procedure. Ordinarily and normally, the remedy of the petitioners was to approach the Sessions Court, challenging the order.
But the Revenue Divisional Officer/Sub Divisional Magistrate, exercising the powers conferred under Sec.133 Cr.P.C, is duty bound to take into account the attendant circumstances put forth by the respective parties in order to identify whether the property in question was a way used by the public to enter into their properties. I do not think the 1st respondent has made any endeavour to find out the true legal position W.P.(C) No.25954 of 2016 8 with respect to the title, if any, held by any parties over the property, and whether the property was used by the public, thus has not exercised the power conferred under Sec.133 Cr.P.C properly and legally. Moreover, the report of the Village Officer shows that there is a clear way situated very close to the property in question, used by the public, in order to enter into their properties.
9. Taking into account all these legal and factual circumstances, I quash Ext.P41 order passed by the 1st respondent and direct the 1st respondent to re-
consider the matter by providing sufficient opportunity of hearing and participation to the petitioners, respondents 3 and 4 and the Municipality, within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is allowed to the above extent.
Sd/-
SHAJI P.CHALY JUDGE W.P.(C) No.25954 of 2016 9 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: A TRUE COPY OF THE REGISTERED ASSIGNMENT DEED BEARING DOCUMENT NO.1284 OF 1962 DATED 16.8.1962 EXECUTED BY ARRACKAL ADI RAJA, MOHAMMAD KOYAMMA THANGAL IN FAVOUR OF LATE PILACKEEL SUBAIR.
EXHIBIT-P2: A TRUE COPY OF THE REGISTERED RELEASE DEED BEARING DOC.NO.2246/1964 DATED 9.12.1964 EXECUTED BY MEETHALE PEEDIKAYIL PUTHIYA PURAYIL IBRAHIM IN FAVOUR OF THE DECEASED HUSBAND OF THE 1ST PETITIONER.
EXHIBIT-P3: A TRUE COPY OF THE REGISTERED MARUPATTAM DEED BEARING DOCUMENT NO.1995 DATED 11.9.1925 EXECUTED BY MEETHALE PEEDIKAYIL PUTHIYA PURAYIL SAITH IN FAVOUR OF AADHI RAJA AYISSA BEEBI THANGAL, THE SULTHAN OF KANNUR.
EXHIBIT-P4: A TRUE COPY OF THE REGISTERED ASSIGNMENT DEED DATED 3.9.1992 EXECUTED BY DECEASED SUBAIR IN FAVOUR OF MUHAMMAD ASHARAF.
EXHIBIT-P5: A TRUE COPY OF THE REGISTERED ASSIGNMENT DEED DATED 22.3.1995 EXECUTED BY DECEASED SUBAIR IN FAVOUR OF NASEEMA.
EXHIBIT-P6: A TRUE COPY OF THE REGISTERED ASSIGNMENT DEED DATED 31.7.2007 EXECUTED BY DECEASED SUBAIR IN FAVOUR OF THE 2ND RESPONDENT.
EXHIBIT-P7: A TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 24.1.2015 ISSUED BY THE TAHSILDAR, KANNUR CERTIFYING THAT PETITIONERS ARE LEGAL HEIRS OF THE DECEASED SUBAIR.
EXHIBIT-P8: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.11.1973 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1973-74 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P9: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.9.1976 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR W.P.(C) No.25954 of 2016 10 THE YEAR 1976-77 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P10: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.11.77 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1977-78 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P11: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 8.9.1978 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1978-79 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P12: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.10.1979 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1979-80 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P13: A TRUE COPY OF THE BASICT TAX RECEIPT DATED 23.10.1980 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1980-81 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P14: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.11.1981 ISSUED BY THE VILLAGE OFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1981-82 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P15: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.11.1992 ISSUED BY THE VILLAGE OFFICER KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1982-83 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P16: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 7.2.1984 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1983-84 IN REPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
W.P.(C) No.25954 of 2016 11EXHIBIT-P17: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.1.1989 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1988-89 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P18: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 5.3.1990 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1989-90 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P19: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 13.3.1991 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1990-91 IN RESPECT OF 77 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P20: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 6.12.1995 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 1995-96 IN RESPECT OF 56 CENTS OF LAND LOCATED IN R.S.NO.54/2A AND R.S.54/1A.
EXHIBIT-P21: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 27.8.2002 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR IN RESPECT OF 5 CENTS OF LAND LOCATED IN R.S.NO.55/4C.
EXHIBIT-P22: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.9.2003 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2003-04 IN RESPECT OF 61 CENTS OF LAND LOCATED IN R.S.NO.54/2A, R.S.54/1A AND RS NO.55/4C.
EXHIBIT-P23: A TRUE COPY OF BASIC TAX RECEIPT DATED 28.9.2004 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2004-05 IN RESPECT OF THE 61 CENTS OF LAND.
EXHIBIT-P24: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 9.9.2005 ISSUED BY THE VILLAGE OFFICER OF W.P.(C) No.25954 of 2016 12 KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2005-06 IN RESPECT OF THE 61 CENTS OF LAND.
EXHIBIT-P25: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.9.2006 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2006-07 IN RESPECT OF THE 61 CENTS OF LAND.
EXHIBIT-P26: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.7.2008 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2007-08 IN RESPECT OF THE 61 CENTS OF LAND.
EXHIBIT-P27: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.10.2008 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2008-09 IN RESPECT OF THE SAID 60 CENTS OF LAND.
EXHIBIT-P28: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.9.2009 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2009-10 IN RESPECT OF THE 60 CENTS OF LAND.
EXHIBIT-P29: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.9.2010 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2010-11 IN RESPECT OF THE 55 CENTS OF LAND.
EXHIBIT-P30: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.9.2010 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2010-11 IN RESPECT OF THE 5 CENTS OF LAND.
EXHIBIT-P31: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.9.2011 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2011-12 IN RESPECT OF THE 5 CENTS W.P.(C) No.25954 of 2016 13 OF LAND.
EXHIBIT-P32: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.9.2011 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2011-12 IN RESPECT OF THE 55 CENTS OF LAND.
EXHIBIT-P33: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.9.2012 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2012-13 IN RESPECT OF THE 5 CENTS OF LAND.
EXHIBIT-P34: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.9.2012 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2012-13 IN RESPECT OF THE 55 CENTS OF LAND.
EXHIBIT-P35: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.9.2012 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2013-14 IN RESPECT OF THE 55 CENTS OF LAND.
EXHIBIT-P36: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.09.2013 ISSUED BY THE VILLAGE OFFICER OF KANNUR II VILLAGE EVIDENCING PAYMENT OF BASIC TAX BY DECEASED PILAKEEL SUBAIR FOR THE YEAR 2013-14 IN RESPECT OF THE 5 CENTS OF LAND.
EXHIBIT-P37: A TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.5.2015 ISSUED BY THE VILLAGE OFFICER EVIDENCING REMITTANCE OF BASIC TAX FOR THE YEAR 2015-16 BY THE 1ST PETITIONER AS THE LEGAL HEIR OF DECEASED SUBAIR IN RESPECT OF 60 CENTS OF LAND.
EXHIBIT-P38: A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 11.3.2016 EVIDENCING PAYMENT OF PROPERTY TAX TO KANNUR MUNICIPALITY FOR THE 2ND HALF OF THE YEAR 2015-16 IN RESPECT OF THE HOUSE LOCATED IN THE PROPERTY REFERRED TO IN EXT.P37.
W.P.(C) No.25954 of 2016 14EXHIBIT-P39: A TRUE COPY OF THE NOTICE DATED 18.9.2015 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT-P40: A TRUE COPY OF THE OBJECTION DATED 30.9.2015 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT-P41: A TRUE COPY OF THE ORDER DATED 5.7.2016 PASSED BY THE 1ST RESPONDENT.
EXHIBIT-P42: A TRUE COPY OF THE PLAN PREPARED BY VILLAGE OFFICER, KANNUR ON 27.3.2016 SHOWING THE DETAILS OF THE PROPERTIES LOCATED IN R.S.NO.2A, R.S.NO.54/1A AND R.S.54/4C AND R.S.54/1B.
EXHIBIT-P43: A TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTIES OF THE PETITIONER INCLUDING THE SO CALLED PUBLIC WAY.
EXHIBIT-P44: A TRUE COPY OF THE PHOTOGRAPH OF THE TARRED ROAD ON THE NORTHERN SIDE OF THE PROPERTY OF THE PETITIONER.
EXHIBIT-P45: A TRUE COPY OF THE PLAN PREPARED BY THE PETITIONERS.
EXHIBIT P46 TRUE PHOTOGRAPHS OF THE CUT COCONUT TREES AND HEADLESS COCONUT TREE LOCATED IN THE STRIP OF LAND SHOWN AS FIELD NO.2 IN EXT. P42.
EXHIBIT P47 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE BULLDOZING ON THE PROPERTY DESCRIBED AS FIELD NO.2 IN EXT. P42 BY THE RESPONDENTS 3 AND 4 AND THEIR MEN IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P47.
EXHIBIT P48 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 30/11/1964 ISSUED BY THE VILLAGE OFFICER OF KANNUR 2 VILLAGE TO DECEASED SUBAIR.
EXHIBIT P49 A TRUE COPY OF THE REPORT DATED 06/04/2016 SUBMITTED BY ADDITIONAL TAHSILDAR BEFORE 1ST RESPONDENT ACCOMPANIED BY THE REPORT AND THE SKETCH PREPARED BY THE SURVEYOR.
EXHIBIT P50 A TRUE COPY OF THE REGISTERED SALE DEED DATED 29/03/1964 EXECUTED ARACKAL ADI RAJA IN FAVOUR OF SMT. ASMA.
W.P.(C) No.25954 of 2016 15EXHIBIT P51 A TRUE COPY OF THE APPLICATION DATED 22/08/2016 SUBMITTED UNDER THE RIGHT TO INFORMATION ACT BY THE 3RD PETITIONER BEFORE THE INFORMATION OFFICER IN THE VILLAGE OFFICE, KANNUR.
EXHIBIT P51(A) A TRUE COPY OF THE CERTIFIED EXTRACT OF ONE OF THE PAGES OF A REGISTER BEREFT OF ITS EXACT IDENTITY, MAINTAINED AT THE OFFICE OF THE VILLAGE OFFICE, KANNUR II, WHEREIN THE NAME OF 1ST PETITIONER'S HUSBAND APPEARS AGAINST THE FIGURE "54/1A", ISSUED ON 30/09/2016 UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P52 A TRUE COPY OF THE REPORT DATED 07/01/1977 SUBMITTED BY THE VILLAGE OFFICER TO THE LAND TRIBUNAL, KANNORE-I IN SMP 852/1977.
EXHIBIT P52(A) A TRUE COPY OF THE ORDER DATED 11/03/1977 PASSED BY THE LAND TRIBUNAL, KANNANORE IN SM 852/77.
EXHIBIT P53 A TRUE COPY OF THE REVISED FINAL DECREE DATED 28/02/1956 IN OS NO.618/1954 ON THE FILE OF THE DISTRICT MUNSIFF, CANANNORE ALONG WITH EXT.C3 PLAN.
EXHIBIT P54 A TRUE COPY OF THE DOCUMENT (PARTITION DEED) BEARING NO.2054 DATED 25/11/1960 OF KANOOR SUB REGISTRY EXECUTED AMONG PUTHAPURAYIL KAMU AND OTHERS.
EXHIBIT P55 A TRUE COPY OF THE REGISTERED RELEASE DEED DATED 07/08/2002 EXECUTED IN FAVOUR OF DECEASED SUBAIR.
RESPONDENTS'
EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
St/-