Disposed

G.Sreekumar v. State of Kerala

Kerala HC12 Dec 2018WP(C)/16068/2007

Case brief

AI extract

What is this about?

Shopkeepers sought assignment of market puramboke land and challenged eviction. The court quashed the Panchayat's eviction orders, set aside the Tahsildar's eviction notice, directed consideration of licence renewals, and remitted the assignment requests to the Government for reconsideration after enquiry, consultation and hearing.

What did the court decide?

Panchayat eviction orders and Tahsildar's notice set aside; assignment refusal set aside to a limited extent and remitted for reconsideration; licence-renewal consideration directed.

G.Sreekumar Vs State of Kerala — Municipal and Town Planning | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 16068 of 2007

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PETITIONER/S:

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1 G.SREEKUMAR,S/O.GOPINATH RESIDING AT KATTIL HOUSE, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT.

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2 A.J.MURALIDHARAN S/O.R.JANARDHANAN ACHARI, RESIDING AT AVITTOM, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT.

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3 M.RADHAKRISHNA PILLAI S/O.K.MADHAVAN PILLAI, CHEMPAKATHIL VEEDU,, MANAKARA, SASTHAMKOTTA, KOLLAM DISTRICT.

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4 K.ARJUNAN S/O.KUNJALA KUNJALAYAM MANAKARA, DO. DO.

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5 N.SATYAPALAN NAIR S/O.K.MADHAVAN PILLAI CHEMPAKATHIL HOUSE, MANAKARA, DO. DO.

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6 B.MURALIDHARAN PILLAI SO.BALAN PILLAI KODIYIL KIZHEKETHIL HOUSE, MANAKARA, DO. DO.

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7 B.VIJAYAN PILLAI SO.BALAN PILLAI KODIYIL KIZHEKETHIL HOUSE, MANAKARA, DO. DO.

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8 RAJAGOPALAN ACHARI SO.RANGANADHAN ACHARI, THUNDIL HOUSE, MANAKARA, DO. DO.

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9 KAILAS RESIDING AT KAILAS BHAVANAM SASTHAMKOTTA, DO. DO.

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10 K.IBRAHIMKUTTY S/O.KOCHUKUNJU KOIKKAL THEKKETHIL HOUSE, S.R.P. MARKET,, TAZHAVA, KOLLAM DISTRICT.

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11 K.ANILA KUMARI RESIDING AT PRANAVAM, VENGAMURI, MINAGAPPALLI VILLAGE,, KUNNATHUR TALUK, KOLLAM DISTRICT.

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W.P.(C)No.16068/2007 & 5429/2008 2

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12 RAJENDRAN PILLAI S/O.RAGHAVAN PILLAI RESIDING A THOTHALAPOYKAYIL HOUSE,, PALLISSERIKKAL MURI, SASTHAMKOTTA VILLAGE,, KUNNATHUR TALUK.

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13 H.IBRAHIMKUTTY RESIDING AT HAMEDIA MANZIL (THAIKAVINTE THEKKETHIL),, MULLIKARA MURI, THEVALAKARA VILLAGE,, KARUNAGAPPALLY TALUK.

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14 RADHAKRISHNA PILLAI S/O.VASU PILLAI RESIDING AT RAJESH BHAVANAM, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT.

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15 J.VIJAYAMMA AMMA W/O.RAMACHANDRAN PILLAI, TENGULLATHIL EDAPURAYIL, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT.

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16 V.RAJAGOPALA PILLAI SO.VASU PILLAI RESIDING AT BHAVANI MANDIRAM, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT.

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17 S.MEENA KUMARI WO.SIVASANKARA PILLAI MEENA BHAVAN, MANAKARA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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18 MAIDEENKUNJU RESIDING AT THAIKAVIL VADAKE VEEDU, MAINAGAPALLI,, SASTHAMKOTTA, KOLLAM DISTRICT.

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19 SHAMSUDEEN SO.KADIRUKUNJU KODANVILAYIL HOUSE, PALLISSERIKKAL,, SASTHAMKOTTA, KOLLAM DISTRICT.

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20 NAVAS SO.BASHIRKUNJU KANNAKATHU HOUSE, PALAKKAL, THEVALAKKARA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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21 ABDUL SALAM SO.ABUBAKER VATTAVILA THEKKETHIL HOUSE, PALLISSERIKKAL,, SASTHAMKOTTA, KOLLAM DISTRICT.

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22 IBRAHIMKUTTY SO.MUHAMMEDKUNJU MADATHIL PADINJATATHIL, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT.

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23 BHANU ASAN SO.VELAYUDHAN MANU BHAVANAM HOUSE, MANAKARA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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W.P.(C)No.16068/2007 & 5429/2008 3

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24 ABDUL AZEEZ RESIDING AT PUTHENVEETTIL KIZHAKATHIL HOUSE, MANAKARA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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25 GOPINATHAN PILLAI RESIDING AT ROHINI, KIDANGAYAM NADUVIL,, PATHARAM P.O., SURANAD SOUTH, KOLLAM DISTRICT.

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26 ASANARKUNJU RESIDING AT KOCHU KIZHEKETHIL, TEVALAKARA, KARUNAGAPALLI,, KOLLAM DISTRICT.

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27 GOPINATHAN NAIR RESIDING AT UDAYAM MUGALIL, MANAKARA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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28 MURALIDHARAN PILLAI RESIDING AT RADHA MANDIRAM, CHERUPOIKA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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29 M.SULAIMANKUNJU SO.ALIKUNJU PALLIKATTIL HOUSE, TEVALAKARA, KARUNAGAPPALLI,, KOLLAM DISTRICT.

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30 JAYAKRISHNAN SO.BALAKRISHNA PILLAI RESIDING AT KARTHIKA, MANAKKARA, SASTHAMKOTTA,, KOLLAM DISTRICT.

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31 M.HANEEFA SO.MUHAMMEDKUNJU RESIDING AT ANEEF MANZIL, PALAKKAL MURI,, THEVALAKKARA VILLAGE, KARUNAGAPALLI TALUK.

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND

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RESPONDENT/S:

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1 STATE OF KERALA CHIEF SECRETARY, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

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2 THE DISTRICT COLLECTOR KOLLAM.

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3 THE TAHASILDAR KUNNATHUR TALUK KOLLAM DISTRICT.

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W.P.(C)No.16068/2007 & 5429/2008

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4 ADDL.R4 SASTHAMCOTTAH GRAMA PANCHAYAT SASTHAMCOTTAH, KOLLAM DISTRICT, PIN-690521, REPRESENTED BY ITS SECRETARY.

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5 ADDL.R5 THE SECRETARY SASTHAMCOTTAH GRAMA PANCHAYAT, SASTHAMCOTTAH, KOLLAM DISTRICT, PIN-690521. (ADDL.R4 AND R5 ARE IMPLEADED VIDE ORDER DATED 15/11/2018 IN IA.01/2018) BY ADVS. SRI.M.R. DHANIL, GOVERNMENT PLEADER R1-R3 DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.P.MOHANDAS (ERNAKULAM) SRI.SABU PULLAN-ADDL.R4-R5 SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN

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OTHER PRESENT:

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SRI.M.R.DHANIL,GOVT.PLEADER FOR R1 TO R3, SRI.SABU PULLAN FOR ADDL.R4 AND ADDL.R5

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, ALONG WITH WP(C).5429/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.16068/2007 & 5429/2008

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¶54

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 5429 of 2008

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PETITIONER/S:

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1 VIJAYAKUMAR

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S/O. R. KESAVA PILLAI, AJITHA BHAVAN, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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2 P.R. RADHAKRISHNAN AGED 45 YEARS S/O. P.K. RAGHAVAN ACHARI, CHITHIRA VEEDU,, MANAKARA, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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3 C.A. SHAJAHAN AGED 40 YEARS S/O. C.ALIYARKUNJU, KOOVALATHARA (JIJU BHAVAN),, MANAKARA, SASTHAMKOTTA, REPRESENTED BY POWER OF, ATTORNEY HOLDER M.A. LATHEEF, S/O.S.M.IBRAHIM,, SHALU BHAVANAM, PANAPPETTY, PORUVAZHI,, SASTHAMKOTTA, KOLLAM DISTRICT-690 591.

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4 V. RAMACHANDRAN NAIR AGED 57 YEARS S/O. K.G. VELUPILLAI, KANNUVALAKAM, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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5 G. VIJAYAKUMAR AGED 45 YEARS S/O. GOPALA PILLAI, ASWATHI BHAVANAM, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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6 BHAVAL PRIYA AGED 37 YEARS W/O. K.MURALIDHARAN PILLAI, PULLAMPALLI (PALAZHI), VENGA, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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7 S. SHERAFUDDIN KUTTY AGED 54 YEARS KOTTAKUZHIYIL VEEDU (THREE WISHES), MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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8 P.K. KESAVADASAN PILLAI AGED 60 YEARS S/O. PADMANABHA PILLAI, SASTHAMANGALAM VEEDU,, MANAKARA, SASTHAMKOTTA-690 521.

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W.P.(C)No.16068/2007 & 5429/2008

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9 K.A. JAYASREE AGED 30 YEARS D/O. ANANTHABHAI AMMA, SASTHAMANGALAM VEEDU,, MANAKARA, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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10 B. ANANTHABHAI AMMA AGED 55 YEARS D/O. BHARGHAVI AMMA, SASTHAMANGALAM VEEDU,, MANAKARA, SASTHAMKOTTA-690 521.

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11 V.P. ARUN AGED 26 YEARS S/O. VIJAYAKUMAR, ASWATIHI BHAVANAM, MANAKARA,, SASTHAMKOTTA, KOLLAM DISTRICT-690 521.

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12 V.RADHAKRISHNAN,AGED 70 YEARS KANNUVILAKOM, MANAKKARA, SASTHAMCOTTA P.O.

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13 VALSALA K.K,AGED 50 YEARS KANNUVILAKOM, MANAKKARA, SASTHAMCOTTA P.O.

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- *14 K.M.DHANALAKSHMI AGED 50 YEARS (PETITIONERS 12, 13 & 14 ARE IMPLEADED AS PER ORDER DTD.12.12.2018 IN I.A.NOS.2 & 3 OF 2018 RESPECTIVELY)

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.P.ARAVINDAKSHAN PILLAY SMT.K.N.REMYA SMT.L.ANNAPOORNA SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.V.VARGHESE

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RESPONDENT/S:

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1 STATE REPRESENTED BY THE CHIEF SECRETARY,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2 THE DISTRICT COLLECTOR KOLLAM.

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3 THE TAHSILDAR KUNNATHUR, KOLLAM DISTRICT.

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4 ADDL.R4 SASTHAMCOTTAH GRAMA PANCHAYAT SASTHAMCOTTAH, KOLLAM DISTRICT, PIN-690521, REPRESENTED BY ITS SECRETARY.

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W.P.(C)No.16068/2007 & 5429/2008

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5 ADDL.R5 THE SECRETARY SASTHAMCOTTAH GRAMA PANCHAYAT, SASTHAMCOTTAH, KOLLAM DISTRICT, PIN-690521. (ADDL.R4 AND R5 ARE IMPLEADED VIDE ORDER DATED 15/11/2018 IN IA.01/2018)

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BY ADVS. SRI.M.R. DHANIL GOVERNMENT PLEADER (R1-R3) DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.P.MOHANDAS (ERNAKULAM) SRI.SABU PULLAN -ADDL.R4, R5 SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, ALONG WITH WP(C).16068/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.16068/2007 & 5429/2008

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ALEXANDER THOMAS, J.

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W.P.(C)Nos. 16068/2007 & 5429/ 2008

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Dated this the 12^th day of December, 2018

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JUDGMENT

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The prayers in W.P.(C)No.16068/2007 are as follows:

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"(a) issue a writ of certiorari or any other appropriate writ, direction or order, quashing Ext.P9 and similar notices issue to petitioners 1, 2 and 4 to 31.

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b) issue a writ of mandamus or any other appropriate writ, direction or order, restraining the respondents from taking any coercive steps against the petitioners in pursuance of Ext.P9 and similar notices;

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(c) issue a writ of certiorari or any other appropriate writ, direction or order, declaring that the petitioners are entitled to get assignment of the site of their shops situate in Sasthamcottah market.

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(d) grant such other relief as deemed fit and proper in the facts and cirumstances of this case;

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and

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(e) award to the petitioners the cost of these proceedings."

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The prayers in W.P.(C)No.5429/2008 are as follows:

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"i. issue a writ of certiorari or any other appropriate writ, direction or order declaring that the petitioners are entitled to get assignment of the property covered by Ext.P7 on payment of market value;

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ii. issue a writ of mandamus or any other appropriate writ, direction or order, commanding the respondents to complete the assignment proceedings and assign the land in question to the petitioners after receiving the market value, immediately;

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iii. issue a writ of mandamus or any other appropriate writ, direction or order restraining respondents from taking any steps against the petitioners in pursuance of Ext.P7 order, except assignment of the property concerned

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W.P.(C)No.16068/2007 & 5429/2008

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in favour of the petitioners after receiving the market value;

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iv. grant such other reliefs as deemed fit and proper in the circumstances of the case;

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and

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v. award the cost of this petition to the petitioners."

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Heard Sri. S.P. Aravindakshan Pillai, the learned Advocate

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instructed by Sri. V. Varghese, the learned counsel appearing for the petitioners in these cases, Sri. M.R. Dhanil the learned Government Pleader appearing for official respondents 1 to 3 in both the cases and Sri. Sabu Pullan, the learned counsel appearing for additional respondents 4 and 5 (Sasthamcotta Grama Panchayat) authorities.

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The former case, viz., W.P.(C)No.16068/2007 is instituted by 31 petitioners and the latter one. Viz., W.P.(C)No.5429/2008 is filed by 11 petitioners. They are having shop rooms in Sasthamcotta market in Survey N0.575/1 (Resurvey No.47/1), Sasthamcotta Village, Kunnathur Taluk, Kollam District. The petitioners in the former case are challenging the impugned Ext.P9 eviction notice dated 26.5.2007 produced in W.P.(C)No.16068/2007, which is said to be issued by the 3^rd respondent Tahsildar under the provisions of the Land Conservancy Act and the Rules framed thereunder. In the latter case, the petitioners therein are challenging the impugned Ext.P7 G.O. (MS)445/07/RD dated 18.12.2007 issued by the 1^st respondent State Government as produced in W.P.(C)No.5429/2008 , whereby the

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W.P.(C)No.16068/2007 & 5429/2008 10

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Government has ordered that the petitioners can hold the land on lease basis but their main request for assignment of the land has recommended by the District Collector has been rejected. In both the writ petitions, the petitioners would essentially pray that the land in question should be assigned to them on registry subject to the payment of market value under the provisions of the Kerala Government Land Assignment Act, 1960 and the Kerala Land Assignment Rules, 1964 framed under the said Act. It is stated that the land in the above survey number is shown as “market puramboke” in “revenue records” and the total extent of the said land is about 10.98 Acres. Though the total extent of the said land is stated to be 1.98 Acres, the petitioners herein are occupying on lease basis only small areas of land coming to 13 square meters to 81 square meters (2 cents) and 5^th petitioner in W.P.(C)No.5429/2008 is occupying on lease basis an extent of 2.5 cents. It is further stated that various institutions and offices such as Village Office, Sub Treasury, Government dispensary, Government school, Panchayat Office, Sasthamcotta market etc. are also functioning in the said larger extent of land. It is further stated that some pieces of land have also been assigned to private persons as discernible from Ext.P7 G.O. dated 18.12.2007 produced in W.P.(C)No.5429/2008 . The case of the petitioners that they and their predecessors-in-interest have

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W.P.(C)No.16068/2007 & 5429/2008 11

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been in occupation of the shop for very long time. That their predecessors-in-interest were ‘kuthakapattam tenants’ and it is stated that they were encouraged to put up buildings beside the Sasthamcotta market by the then Governmental authorities of Maharaja of Travancore, when the Government of Maharaja of Travancore have decided to start three major markets in Travancore, viz., Chalai in Thiruvananthapuram, Sasthamcotta in Kollam District and Changanassery.

¶119

The petitioners would also contend that they or the predecessors-in-interest have obtained absolute title over the land in their possession by virtue of the royal proclamation issued by the Maharaja of Travancore as mentioned in Ext.P1 Travancore State Manual. However, it is without prejudice to this contention, the petitioners would pray that the respective piece of lands on which they are now occupying on lease basis may be assigned to them on registry subject to payment of market value under the provisions of the above said Assignment Act and the Rules framed thereunder. The complaint of the petitioners is that the revenue authorities though they have promised to assign the land to the petitioners in their possession, so far no effective action has been forthcoming from the respondent State authorities. It is relevant to note the contents of Ext.P5 dated 3.6.1995 produced in W.P.(C)No.16058/2007, (which is

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W.P.(C)No.16068/2007 & 5429/2008

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also Ext.P3 in W.P.(C)No.5429/2008 ), which is stated to be a letter written by the 2^nd respondent District Collector to the 3^rd respondent Tahsildar, Kunnathur, which reads as follows:

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“No.L3-21940/87

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Collectorate, Kollam.

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Dated: 3-6-95.

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From

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The District Collector

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The Tahsildar Kunnathur

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Sir

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Sub:- Assignment of land to the occupants of Market poramboke in sy.No.575/1 of Sasthamcotta village - reg -

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Ref:- 1. Your letter No.D1-8916/94 dt. 21-2-95 2. Your letter No.D1-1502/95/Ldis. dt. 24.3.95 …..........

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Please see the reference cited. The proposal contained the above references have been examined. Encroachment in hospital premises and in the compound of Education Department are highly objectionable. I request you to carry out eviction of the encroachments forthwith.

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From the present report and the previous reports in the matter disclose that the shopkeepers have been occupying the poramboke land for long period and they have constructed pucca buildings and conducting business. So it is not practicable to evict these encroachments. Hence it is decided to regularise their occupation by the lease arrangement or assignment after realising the market value. Please sent proposal for assignment of the land after realising the market value in cases where eviction is not practicable.

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Yours faithfully,

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For Collector.”

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It is also pertinent to note the contents of the letter dated 24.5.2007 sent by

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W.P.(C)No.16068/2007 & 5429/2008

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the 2^nd respondent District Collector addressed to the 3^rd respondent

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Tahsildar produced as Ext.P8 in W.P.(C)No.16058/2007, as given at page 51 of that W.P.(C), which reads as follows:

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ØâºÈÏßçÜÏíAí dÖi fÃßAáKá.åÖÞØñÞ¢çµÞG ÕßçÜï¼ßW ØVæÕ È ¢.575/1W æMG ØíÅÜJí µá¿æµGß ÕcÞÉÞø¢ È¿JáK ¿ß ÕßçÜï¼ßW æµ.Éß.Õß¼ÏµáÎÞV ÎáÄW çÉVAí ¿ß. ØíÅÜ¢ ÉÄßºîá ÈWµÞX Ä¿TBæ{ÞKáÎßæÜïCßW ¦ÏÄí ®dÄÏá¢ æÉæGKí ÉÄßºîá ÈWµáKÄßÈáU È¿É¿ßµZ ØbàµøßAÞX ÄÞÄíÉøcæM¿áKá.

¶143

Ext.P3 in W.P.(C)No.16058/2007, which is Ext.P6 in W.P. (C)No.2429/2008 is the counter affidavit filed by the respondent District Collector, Kollam in an earlier writ petition filed by the petitioners as W.P. (C)No.30401/2001 on the file of this Court. The said writ petition/original petition was filed by the petitioners in W.P.(C)No.5429/2008 and in the said counter affidavit, the respondent District Collector has stated in paragraph 5 and 6 thereof as follows:

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5. It is submitted that the petitioner's shops situated in the market poramboke land in Sy.no.575/1 of Sasthamcotta Village, and it is the duty of Revenue Authorities to protect the land. As per the directions issued from this office on 3.6.95 action persued for assignment. But the Sasthamcotta Panchayat Authorities filed an O.P.No.3044/96/C before this Hon'ble Court claiming the ownership of the market poramboke land and also against the assignment steps. The case in this Honourable Court is not disposed so far.

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6. It is submitted that the details mentioned by the petitioners in paragraph 5 of the O.P. are not correct. Since the land occupied by the petitioners are still Government market poramboke lands and it is the primary duty of revenue Authorities to protect the land for Government Public purpose by the application of Kerala Land Conservancy Act and Rules and other Government Orders.

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The aforementioned Original Petition, O.P.No.30401/2001 was disposed of by this Court as per judgment dated 14.2.2006 (Produced as

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W.P.(C)No.16068/2007 & 5429/2008 14

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Ext.P6 in W.P.(C)No.16068/2007). The prayers in O.P.No.30401/2000 were interalia for a declaration that the petitioners therein have full title over the site of the shop rooms situated in survey No.575/1 of Samsthamcotta Village and for direction commanding the respondents to assign to the petitioners the site of the shop rooms situated in the said survey number. O.P.No.3044/1996 about which reference was made in the aforequoted counter affidavit of the District Collector was earlier disposed of by this Court as per judgment dated 11.7.2005 (produced as Ext.P4 in W.P.(C)No.16068/2007). The said writ petition was filed by the Sasthamcotta Grama Panchayat praying for a directions restraining the respondents therein (The State of Kerala represented through Chief Secretary to Government, District Collector, Kollam and Tahsildar, Kunnathoor) from assigning any portion of the land comprised in Survey No.575/1 of Samsthamcotta Village extending to 10 Acres and 98 cents and for a declaration that the land comprised in the above survey number is vested with the said Panchayath and the same is not available for assignment by the revenue authorities. By the above said judgments referred to as Exts.P4 and P6 in the present W.P.(C)No.16068/2007, this Court had directed the State Government authorities to consider the respective claims of the respective petitioners therein and to pass orders thereon. Pursuant to the above said judgment in O.P.No.3044/1996 filed by the respondent Sasthamcotta Grama Panchayat, the State Government

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W.P.(C)No.16068/2007 & 5429/2008

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had issued G.O.(MS)No.109/2006 /RD dated 19.4.2006 (produced as Ext.P10 in W.P.(C)No.16068/2007 and Ext.P39 in W.P.(C)No.5429/2008). The operative portion of the said Government Order dated 19.4.2006 (hereinafter referred for convenience as Ext.P39 Government Order dated 19.04.2006) reads as follows:

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“Government have examined the entire matter in detail with the relevant records of the case and found that the 2.50 Ares of market puramboke land is vested with the Sasthamkotta Grama Panchayath only for proper maintenance, management and control of the land. This 2.50 Acres of land has not been transferred to the Panchayath. Hence the Panchayath has no claim over this land and the other land adjoining to this. Therefore Government uphold their right to reserve the land in question as Revenue puramboke land and reject the claim of the Panchayath to establish right over the entire 10.98 Acres of land including the 2.50 Acres of market puramboke land and they order accordingly.

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The direction of the Hon'ble High court in the judgment read as first paper above is thus complied with.”

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The Government have examined the entire matter in detail with

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the relevant records of the case and found that 2.50 Acres of marketable puramboke land is vested with the Sasthamcotta Grama Panchayat only for the purpose of maintenance, management and control of the land. This 2.50 Acres of land has not been transferred to the Panchayat. Hence, the Panchayat has no claim for this land and the other land adjourning to this. Therefore, the Government upheld their (Government) right to reserve the land in question as revenue puramboke land and rejected the claim of the Panchayat to establish the right of the entire 10.98 Acres of land including 3.50 Acres of marketable puramboke land and they ordered accordingly. The above said Ext.P39 G.O. has attained finality and conclusiveness. The

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W.P.(C)No.16068/2007 & 5429/2008

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directions in the judgment in O.P.No.30401/2000 ( Ext.P6 in W.P.(C)No. 16068/2007), resulted in the issuance of G.O.(MS)No.445/2007/RD dated 18.12.2007 (produced as Ext.P7 in W.P.(C)5429/2008), as per which the Government has directed as follows:

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“It is found that the entire land area of 10.98 Acres excluding the extent which is officially transferred to other Departments are found to be under the custody of the Revenue Department. Since many of the occupants are occupying the Government land and by virtue of their long occupation, Government are pleased to order that the land be given on lease provided the lease rent is paid as per the KLA Rules 1964 after realizing all arrears of lease rent, subject to the following conditions:-

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1) The individuals should fulfill the assignment conditions.

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2) They will willingly forgo the land if Government decide it is needed for public purpose. No fresh constructions will be allowed on the site. The direction of the Hon'ble High Court in the judgment dated 14.2.06 in OP No.30401/00 is thereupon complied with.”

¶162

So it can be seen from the above said impugned G.O. (MS)No.445/2007/RD dated 18.12.2007 (Ext.P7 in W.P.

¶163

(C)No.5429/2008) that the Government has not acceded to the main request of the petitioners for assignment of land on registry basis, as per the provisions of the above said Assignment Act and the Rules framed thereunder, but instead have ordered to grant the said land to the petitioners on lease basis under the Assignment Act and Rules.

¶164

The petitioners are essentially aggrieved by the above said decision of the Government to the limited extent it has refused the plea of the petitioners for assignment of the respective lands in their application on subject to payment of market value etc. as per the provisions of the said Assignment Act and Rules.

¶165

It is the case of the petitioners that all of them are engaged in

¶166

W.P.(C)No.16068/2007 & 5429/2008 17

¶167

long term and permanent business in their respective shop rooms. That the respondent Sasthamcotta Grama Panchayat has given them licences to conduct the trades in the in the respective shop rooms, which are situated in the leased lands. That the petitioners have been remitting the building property tax due to the Grama Panchayat and also basic land tax regularly to the competent revenue officials concerned. The petitioners would place reliance in that regard on tax receipts produced in W.P.(C)No.5429/2008, as Exts.P-25, P-26, P-27, P-28, P-31, P-32, P-33, P-36 and P-38 as well as tax receipts produced in W.P.(C)No.16068/2007 as Exts.P-33, P-37, P-37(a), P-45, and P-46 etc.

¶168

According to the petitioners, the above said facts and circumstances including the proceedings of the competent authorities as well as the above said documents would clearly show the long occupation, possession of the land by the petitioners and their predecessors-in-interest. It is further pointed out that when the predecessors-in-interest of the petitioners were inducted in the said land as ‘kuthakapattam tenants’ more than a century ago, the land was situated in Koruvazhi Village and thereafter, the Sasthamcotta Village was formed and the Koruvazhi Village was subsequently named as ‘Sasthamcotta Village”, which was then in the erstwhile undivided Kunnathur Taluk having headquarters at Adoor. Subsequently with effect from 1.7.1983, the Kunnathur Taluk was bifurcated forming Kunnathur Taluk having headquarters at Sasthamcotta

¶169

W.P.(C)No.16068/2007 & 5429/2008 18

¶170

and Adoor Taluk having headquarters at Adoor. The petitioners would point out that because of the bifurcation of the Village and Taluk offices also would have contributed the lack of proper attention to the case of the petitioners by the competent revenue officials concerned. This Court has granted interim stay for the eviction of the petitioners as per the interim order dated 28.5.2007 in W.P.(C)No.16068/2007 and interim order dated 15.2.2008 in W.P.(C)No.5429/2008. The said interim orders/stay orders have been extended until further orders.

¶171

The 4^th respondent Sasthamcotta Grama Panchayat authorities have issued Ext.R5(e) order dated 25.5.2018 ordering the eviction of the petitioner on the premise that the land occupied by the petitioners are in the lawful ownership of the Panchayat. This Court has granted interim stay order dated 25.5.2018 as against the operation and enforcement of the Ext.R5(e) order dated 25.5.2018 issued by the respondent Sasthamcotta Grama Panchayat. Another ancillary grievance of the petitioners is that respondent Sasthamcotta Grama Panchayat is unnecessarily taking a hostile attitude against the petitioners and in patent disregard of the interim stay orders granted by this Court in the writ petition has not only ordered to the eviction of the petitioners from the land in their occupation on the wrong premise that the land is owned by the Panchayat and further that the said respondent Grama Panchayat authorities has refused to renew the licences of the shop rooms of the petitioners as evident from Ext.R5(e)

¶172

W.P.(C)No.16068/2007 & 5429/2008

¶173

¶174

etc.

¶175

Having heard both sides, this Court would deal with the ancillary issue now voiced by the petitioners against the respondent Sasthamcotta Grama Panchayat to the extent they have issued Ext.R5(e) and Ext.R5(d) notice of eviction and Ext.R5 (a) order refusing to renew the licence of the shop rooms of the petitioners. Though the said respondent Sasthamcotta Grama Panchayat has made a claim that the land is under their ownership had filed O.P.3044/1996, wherein this Cout has directed the competent authorities of the respondent State Government to take a considered decision on the rival claims of the petitioners herein as well as the said Sasthamcotta Grama Panchayt on their respective case in the lands in question. By the above said Ext.P39 G.O.(MS)No.109/2006/RD dated 19.4.2006, the Government has declared and decided in no uncertain terms that it is the land of the Government and that the Government reserves their right to reserve the land in question of revenue puramboke land and have categorically rejected the claim of the respondent Sasthamcotta Grama Panchayat to establish the right over the said entire extent of 10.98 Acres of land including the 2.5 Acres of market puramboke land and it has been so decided categorically as per the said G.O. dated 19.4.2006. It is common ground that the respondent Grama Panchayat has not challenged the legality and correctness of the above said decision rendered by the respondent State Government as per the above said Ext.P39 G.O.(MS)No.

¶176

W.P.(C)No.16068/2007 & 5429/2008 20

¶177

109/2006/RD dated 19.4.2006. Hence, the respondent Grama Panchayat has no competence or jurisdiction whatsoever to order the eviction of the petitioners and accordingly, it is declared and ordered that the said eviction notices issued against the petitioners by the respondent Sasthamcotta Grama Panchayat as per Exts.R4(d) and R4(e) etc . and similar orders are illegal, ultra vires and unenforceable and the same will stand quashed. This Court is not able to fathom the rationale way of the stand taken by the respondent Grama Panchayat that the land in question is theirs and that they have the competence to order the eviction of the petitioners, in the teeth of the Government Order dated 19.4.2006, which has become final and conclusive as against the respondent Grama Panchayat. Correspondingly, it is also ordered that the impugned action of the respondent Grama Panchayat in refusing to renew the licences of the shop room of the petitioners on the premise that the land belongs to the Panchayat and that the petitioners are being subjected to eviction orders issued by the said Panchayat etc. is also equally illegal, ultra vires and unenforceable. The request of the petitioners for renewal of the licences of the shop rooms will have to be considered by the respondent Sasthamcotta Grama Panchayat after granting reasonable opportunity of being heard to the petitioners and the said request should be granted if it is otherwise in order. But it is made clear that the respondent Grama Panchayat cannot reject the said request for renewal of the licences of the shop rooms on the

¶178

W.P.(C)No.16068/2007 & 5429/2008 21

¶179

ground that the land in question is now occupied by the petitioners on lease basis, is belonging to the respondent Panchayat or that it is under their control or that the petitioners are subjected to eviction orders issued by the respondent Panchayat etc., as the said impugned proceedings of the Panchayat have been now held by this Court as illegal, ultra vires and unenforceable.

¶180

One of the main contentions of the petitioners is that the petitioners or the predecessors-in-interest have obtained title over the land in possession by virtue of the various royal proclamations issued by the Maharaja of Travancore mentioned in Ext.P1 Travancore Mandate. Sri. S. P.Aravindakha Pillai, the learned Advocate instructed by Sri. V. Varghese, the learned counsel appearing for the petitioners would submit on the basis of instructions of their parties that the petitioners are not now pressing that contention and would only press their secondary contention in that regard that they are entitled for assignment of the land in question and that they may be given liberty to raise the above said contention based on Travancore State Manual provision etc., in appropriate proceedings, if the occasion thereof actually arises in future. Accordingly, it is ordered that the above said issue raised by the petitioners on the basis of the provisions in Ext.P1 Travancore State Manual is left open to be decided in appropriate cases in future if the same is warranted.

¶181

Therefore, in effect the main complaint of the petitioners is

¶182

W.P.(C)No.16068/2007 & 5429/2008 22

¶183

regarding the non-assignment of land in question to the petitioners on registry basis subject to payment of market value etc. After having heard both sides and after appreciating the pleadings and materials on record produced in these cases and also having reference to the report of the Collector as per Ext.P5 letter dated 3.6.1995 produced in W.P.(C)No.16068/2007, Ext.P8 dated 25.4.2007 produced in W.P.(C)No.16068/2007 as well as the impugned orders as per Ext.P7 in W.P,.(C)No.5429/2008 and Ext.P9 in W.P.(C)No.16068/2007, this Court is of the considered opinion that the request of the petitioners for assignment of land on registry basis and subject to payment of market value, deserves serious reconsideration at the hands of the competent authority of the 1^st respondent State Government. At any rate, the impugned Ext.P9 eviction notice dated 26.5.2007 produced in W.P. . (C)No.16068/2007 has been issued on the premise that the petitioners are in illegal occupation of the land in question and that therefore, they are liable to be evicted from the land in question by virtue of the enabling provisions contained in the Kerala Land Conservancy Act and the Rules framed thereunder. From the pleadings and materials on record, it can be seen that as per the above said Ext.P39 G.O.(MS)No. 109/2006/RD dated 19.4.2006 produced as Ext.P7 in W.P.(C)No.5429/2008, the Government has categorically ordered to allow the petitioners to occupy the respective lands in question on lease basis under the provisions of the Kerala Land

¶184

W.P.(C)No.16068/2007 & 5429/2008 23

¶185

Assignment Rules 1964, subject to payment of arrears of lease rent and subject to compliance of the terms and conditions of the lease. Hence, the impugned Ext.P9 eviction notice produced in W.P.(C)No.16068/2007 is illegal and ultra vires in as much as the crucial and relevant aspect of the matter based on the lease grant made by the respondent State Government in favour of the petitioners has not been duly taken into account. In that view of the matter it is ordered that Ext.P9 eviction notice dated 26.5.2007 produced in W.P.(C)No.16068/2007 will stand set aside.

¶186

From a reading of the impugned Ext.P7 G.O.)MS)No.445/2007/RD dated 18.12.2007 produced in W.P. (C)No.5429/2008, it can be seen that the Government has not bestowed their serious consideration on the plea made by the petitioners for assignment of land based on the recommendations of none other than 2^nd respondent District Collector. Therefore, the matter requires serious reconsideration at the hands of the competent authority of the 1^st respondent State Government and the other competent revenue officials like respondents 2 and 3. Hence, the impugned Ext.P7 G.O. (MS)No.445/2007/RD dated 18.12. 2007 to the limited extent it has refused to consider the pleas of the petitioners for assignments of lands in their occupation registry basis subject to payment of market value etc. will stand set aside and the matter in relation to that request made by the petitioners and their application for assignment of the lands in question in

¶187

W.P.(C)No.16068/2007 & 5429/2008 24

¶188

their occupation on registry basis subject to payment of market value in terms of the provisions of the above said Act and the Rules will stand remitted to the competent authority of the 1^st respondent State Government for effective reconsideration.

¶189

For effectuating further steps in this regard and having regard to the long pendency of the demands of the petitioners, it is ordered that initially the 2^nd respondent District Collector will conduct comprehensive enquiries through the 3^rd respondent Tahsildar with due notice to the petitioners. The copy of the report of the Tahsildar that may be obtained in that regard should also be given to the petitioners. Thereafter, the 2^nd respondent District Collector will afford reasonable opportunity of being heard to the petitioners and after ascertaining the views of the respondent Grama Panchayat may give a comprehensive report to the competent authority of the 1^st respondent State Government on the request and applications made by the petitioners on assignments of land in question on registry basis subject to payment of market value. This Court has ordered that the views of the respondent Grama Panchayat should also be ascertained because the provisions of Section 3 (2) of the Kerala Government Land Assignment Act, 1960 envisages that the consultation has to be effected with the local authority concerned. However, it has to be borne in mind that the respondent Grama Panchayat and the petitioners were making rival claims and in spite of the stay orders granted by this Court, the respondent Grama

¶190

W.P.(C)No.16068/2007 & 5429/2008 25

¶191

Panchayat have unilaterally chosen even to order the eviction of the petitioners as per Ext.R4(e) and R4(a) orders issued on 25.10.2018, which now stands quashed by this Court. The Government as per Ext.P39 G.O. (MS)No.109/2006/RD dated 19.4.2006, has repelled the claims of the Panchayats and it was ordered that the Government have full right to reserve the land in question of revenue puramboke land etc. Therefore, the respondent Grama Panchayt cannot oppose the plea of assignment of lands of the petitioners on the ground that the lands in question belong to them etc., as the said stand of the Grama Panchayat has been overruled by the respondent State Government long ago as per the above said Ext.P39 proceedings. The relevant aspects that could be put forward by the respondent Grama Panchayt is only by giving their views on the issue of assignment of the small pieces of lands now in occupation of the petitioners to the petitioners. The views of the Panchayat should also be forwarded by the 2^nd respondent District Collector to the competent authority of the 1^st respondent State Government. The 2^nd respondent District Collector should ensure that his comprehensive report as afore directed should be furnished to the 1^st respondent State Government within two months from the date of production of a certified copy of this judgment. The above said report of the 2^nd respondent District Collector along with all necessary papers thereon as well as the views of the respondent Panchayat should also be furnished to the petitioners in advance. Thereafter, the competent

¶192

W.P.(C)No.16068/2007 & 5429/2008 26

¶193

authority of the 1^st respondent State Government will issue notice of hearing to the petitioners and will afford reasonable opportunity of being heard to the petitioners through their authorized representatives/counsel if any and then should take a considered decision on the request made by the petitioners in the matter of assignment of land on registry basis subject to payment of market value etc. The entire exercise in this regard should be duly completed by the 1^st respondent State Government without much delay preferably within a period of 3 months from the date of receipt of the report of the 2^nd respondent District Collector as aforestated. It is for the 1^st respondent to take into account all the relevant aspects of the matter and then take a final decision in the matter as aforestated. Based on the decision taken by the 1^st respondent State Government as aforestated, the 2^nd respondent District Collector and the 3^rd respondent Tahsildar will also take consequential action in pursuance thereof and finalise all the formalities without any further delay. The 1^st respondent State Government will ensure that copy of the proceedings reflecting their decision in the matter as afore directed should be furnished to the petitioners, respondents 2 and 3 as well as the respondent Grama Panchayat immediately on issuance of such proceedings.

¶194

With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. Sd/-

¶195

ALEXANDER THOMAS, JUDGE.

¶196

acd

¶197

W.P.(C)No.16068/2007 & 5429/2008

¶198

¶199

APPENDIX OF WP(C) 16068/2007

¶200

PETITIONER'S/S EXHIBITS:

¶201

EXHIBIT P1	TRUE COPY OF THE TRAVANCORE STATE GOVERNMENT KERALA	RELEVANT PAGES OF MANUAL, VOL. II, EDN., 1999.
EXHIBIT P2	TRUE COPY OF THE TAHSILDAR, KUNNAT NO.9480/1995.	COUNTER AFFIDAVIT FILED BY HUR TALUK IN OP
EXHIBIT P3	TRUE COPY OF THE THE DISTRICT COLL NO.30401/2000.	COUNTER AFFIDAVIT FILED BY ECTOR, KOLLAM IN OP
EXHIBIT P4	TRUE COPY OF THE NO.3044/1996.	JUDGMENT IN OP
EXHIBIT P5	TRUE COPY OF THE SENT BY THE DISTR THE TAHSILDAR, KU	LETTER DATED 03/06/1995 ICT COLLECTOR, KOLLAM TO NNATHUR.
EXHIBIT P6	TRUE COPY OF THE NO.30401/2000 DAT	JUDGMENT IN OP ED 14/02/2006.
EXHIBIT P7	TRUE COPY OF THE 28/10/2000 IN OP	STAY ORDER DATED NO.30401/2000.
EXHIBIT P8	TRUE COPY OF THE SENT BY THE DISTR THE TAHSILDAR, KU	LETTER DATED 25/04/2007 ICT COLLECTOR, KOLLAM OF NNATHUR.
EXHIBIT P9	TRUE COPY OF THE ISSUED BY THE 3RD PETITIONER THREAT NOT VACATED WITHI	NOTICE DATED 26/05/2007 RESPONDENT TO THE 3RD ENING TO EVICT BY FORCE IF N 24 HOURS.
EXHIBIT P10	TRUE COPY OF THE DATED 19/04/2006.	GO(MS) NO.109/2006/RD
EXHIBIT P11	TRUE COPY OF THE 12/03/1984.	PARTITION DEED DATED
EXHIBIT P12	TRUE COPY OF THE 08/06/1955.	TAX RECEIPT DATED
EXHIBIT P13	TRUE COPY OF THE 07/02/1966.	TAX RECEIPT DATED

¶202

W.P.(C)No.16068/2007 & 5429/2008

¶203

¶204

EXHIBIT P14	TRUE COPY OF THE 10/07/1967.	TAX RECEIPT DATED
EXHIBIT P15	TRUE COPY OF THE 27/12/1968.	TAX RECEIPT DATED
EXHIBIT P16	TRUE COPY OF THE 22/08/1996.	TAX RECEIPT DATED
EXHIBIT P17	TRUE COPY OF THE 06/04/1966.	TAX RECEIPT DATED
EXHIBIT P18	TRUE COPY OF THE 06/11/2001.	SALE DEED DATED
EXHIBIT P19	TRUE COPY OF THE 18/10/1990.	SALE DEED DATED
EXHIBIT P20	TRUE COPY OF THE 30/07/1996.	SALE DEED DATED
EXHIBIT P21	TRUE COPY OF THE 29/03/1986.	SALE DEED DATED
EXHIBIT P22	TRUE COPY OF THE 25/08/2000.	SALE DEED DATED
EXHIBIT P23	TRUE COPY OF THE 26/12/1988.	SALE DEED DATED
EXHIBIT P24	TRUE COPY OF THE 10/10/2005.	SALE DEED DATED
EXHIBIT P25	TRUE COPY OF THE 15/12/2000.	SALE DEED DATED
EXHIBIT P26	TRUE COPY OF THE 14/01/1976.	SALE DEED DATED
EXHIBIT P27	TRUE COPY OF THE 24/03/1986.	SALE DEED DATED
EXHIBIT P28	TRUE COPY OF THE 11/12/2001.	SALE DEED DATED
EXHIBIT P29	TRUE COPY OF THE 25/09/1987.	SALE DEED DATED
EXHIBIT P30	TRUE COPY OF THE 03/01/2002.	SALE DEED DATED

¶205

W.P.(C)No.16068/2007 & 5429/2008

¶206

¶207

EXHIBIT P31	TRUE COPY OF 17/12/2003.	THE	SALE DEED DATED
EXHIBIT P32	TRUE COPY OF 14/10/1975.	THE	SALE DEED DATED
EXHIBIT P33	TRUE COPY OF 24/09/1986.	THE	TAX RECEIPT DATED
EXHIBIT P34	TRUE COPY OF 15/01/1996.	THE	SALE DEED DATED
EXHIBIT P35	TRUE COPY OF 20/05/2004.	THE	SALE DEED DATED
EXHIBIT P36	TRUE COPY OF 14/11/2005.	THE	SALE DEED DATED
EXHIBIT P37	TRUE COPY OF 21/12/1960.	THE	TAX RECEIPT DATED
EXHIBIT P37 A	TRUE COPY OF 28/02/1962.	THE	TAX RECEIPT DATED
EXHIBIT P38	TRUE COPY OF 13/09/1990.	THE	SALE DEED DATED
EXHIBIT P39	TRUE COPY OF 13/09/1990.	THE	SALE DEED DATED
EXHIBIT P40	TRUE COPY OF 26/09/1998.	THE	SETTLEMENT DEED DATED
EXHIBIT P41	TRUE COPY OF 27/10/1979.	THE	SETTLEMENT DEED DATED
EXHIBIT P41 A	TRUE COPY OF 21/12/2000.	THE	TAX RECEIPT DATED
EXHIBIT P42	TRUE COPY OF 22/09/1976.	THE	SETTLEMENT DEED DATED
EXHIBIT P43	TRUE COPY OF 18/10/1990.	THE	SETTLEMENT DEED DATED
EXHIBIT P44	TRUE COPY OF 18/09/1993.	THE	SETTLEMENT DEED DATED
EXHIBIT P45	TRUE COPY OF 03/04/1963.	THE	TAX RECEIPT DATED

¶208

W.P.(C)No.16068/2007 & 5429/2008

¶209

¶210

EXHIBIT P46 TRUE COPY OF THE TAX RECEIPT DATED 05/10/1963.

¶211

EXHIBIT P47 TRUE COPY OF THE REPLY DTD 23.08.2018 OF

¶212

19TH PETITIONER

¶213

RESPONDENT'S/S EXHIBITS:

¶214

EXHIBIT-R5(a) TRUE COPY OF THE LETTER DATED 28/4/2018 GIVEN BY THE ADDITIONAL 5TH RESPONDENT TO THE 8TH PETITIONER.

¶215

EXHIBIT-R5(b) TRUE COPY OF THE REPLY GIVEN BY ONE OF THE PETITIONERS TO THE ADDITIONAL 5TH RESPONDENT DATED 5/7/2018

¶216

EXHIBIT-R5(c) TRUE COPY OF THE LETTER GIVEN BY THE ADDITIONAL 5TH RESPONDENT TO ONE OF THE PETITIONERS DATED 30/7/2018

¶217

EXHIBIT-R5(d) TRUE COPY OF THE ORDER NO. C2-5699/2018 DATED 25/10/2018 ISSUED BY THE ADDITIONAL 5TH RESPONDENT.

¶218

EXHIBIT-R(e) TRUE COPY OF THE ORDER NO. C2-5712/18 DATED 25/10/2018 ISSUED BY THE ADDITIONAL 5TH RESPONDENT.

¶219

W.P.(C)No.16068/2007 & 5429/2008

¶220

¶221

APPENDIX OF WP(C) 5429/2008

¶222

PETITIONER'S/S EXHIBITS:

¶223

EXHIBIT P1	TRUE COPY OF PAGES 602, 656, 657 AND 658 OF TRAVANCORE STATE MANUAL VOL.II, 1996 EDITION.
EXHIBIT P2	TRUE COPY OF THE JUDGMENT IN OS NO. 228/1102 OF THE DISTRICT MUNSIFF'S COURT, ADOOR.
EXHIBIT P3	TRUE COPY OF THE LETTER DATED 3/6/1995 SENT BY THE DISTRICT COLLECTOR, KOLLAM, TO THE TAHSILDAR, KUNNATHU REQUESTING HIM TO REQULARIZE THE OCCUPATION OF LAND BY THE PETITIONERS BY ASSIGNMENT.
EXHIBIT P4	TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE DISTRICT COLLECTOR IN OP NO.9480/1995 OF THIS HON'BLE COURT.
EXHIBIT P5	TRUE COPY OF LETTER DATED 12/12/95 SENT BY THE TAHSILDAR TO THE DISTRICT COLLECTOR.
EXHIBIT P6	TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE DISTRICT COLLECTOR, KOLLAM, IN OP NO.30401/2000.
EXHIBIT P7	TRUE COPY OF GOVERNMENT ORDER DATED 18/12/2007 DIRECTING TO GRANT LEASE OF THE PROPERTY TO TE PETITIONERS.
EXHIBIT P8	TRUE COPY OF STAY ORDER DATED 28/5/2007 IN WP(C) NO.16068/2007.
EXHIBIT P9	TRUE COPY OF LETTER DATED 25/4/2007 SENT BY THE DISTRICT COLLECTOR, KOLLAM TO THE TAHSILDAR, KUNNATHUR DIRECTING ASSIGNMENT OF THE LAND IN QUESTION TO THE PETITIONERS.
EXHIBIT P10	TRUE COPY OF RECEIPT DATED 24/08/1124 FOR PAYMENT OF LAND TAX IN RESPECT OF PROPERTY COMPRISED IN SY. NO.647/20, 568/42 AND 575/1 COVERED BY THANDAPER NO.7194.
EXHIBIT P11	TRUE COPY OF POWER OF ATTORNEY EXECUTED BY CA SHAJAHAN IN FAVOUR OF 3RD PETITIONER.

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W.P.(C)No.16068/2007 & 5429/2008

¶225

¶226

EXHIBIT P12	PHOTOS OF THE SASTHAMKOTTA	BUI VILL	LDIN AGE.	GS IN SY. NO. 575/1 OF
EXHIBIT P13	TRUE COPY OF 17/04/1995.	PART	ITIO	N DEED NO.1809 DATED
EXHIBIT P14	TRUE COPY OF REMITTED ON 2 CORRESPONDING	TAX 4TH TO	RECE MEEN THE	IPT IN SY. NO.575/1 AM 1124 (ME) YEAR 1949 AD.
EXHIBIT P15	TRUE COPY OF 30/03/1957.	THE	TAX	RECEIPT DATED
EXHIBIT P16	TRUE COPY OF 12/06/1957.	THE	TAX	RECEIPT DATED
EXHIBIT P17	TRUE COPY OF MAKARAM 1107	THE (ME)	TAX .	RECEIPT DATED 23
EXHIBIT P18	TRUE COPY OF 10/06/1980.	THE	SALE	DEED DATED
EXHIBIT P19	TRUE COPY OF 28/12/1995.	THE	SALE	DEED DATED
EXHIBIT P20	TRUE COPY OF 24/08/1989.	THE	SALE	DEED DATED
EXHIBIT P21	TRUE COPY OF 16/11/1995.	THE	SALE	DEED DATED
EXHIBIT P22	TRUE COPY OF 15/01/1996.	THE	SALE	DEED DATED
EXHIBIT P23	TRUE COPY OF 14/09/1998.	THE	SALE	DEED DATED
EXHIBIT P24	TRUE COPY OF 28/12/1995.	THE	SALE	DEED DATED
EXHIBIT P25	TRUE COPY OF 27/01/1956.	THE	TAX	RECEIPT DATED
EXHIBIT P26	TRUE COPY OF 10/03/1965.	THE	TAX	RECEIPT DATED
EXHIBIT P27	TRUE COPY OF 28/12/1967.	THE	TAX	RECEIPT DATED
EXHIBIT P28	TRUE COPY OF 13/01/1982.	THE	TAX	RECEIPT DATED

¶227

W.P.(C)No.16068/2007 & 5429/2008

¶228

¶229

EXHIBIT P29	TRUE COPY OF THE 17/01/1980.	SALE DEED DATED
EXHIBIT P30	TRUE COPY OF THE 17/07/1978.	SALE DEED DATED
EXHIBIT P31	TRUE COPY OF THE 27/01/1956.	TAX RECEIPT DATED
EXHIBIT P32	TRUE COPY OF THE 28/12/1967.	TAX RECEIPT DATED
EXHIBIT P33	TRUE COPY OF THE 25/03/1970.	TAX RECEIPT DATED
EXHIBIT P34	TRUE COPY OF THE 17/01/1994.	SALE DEED DATED
EXHIBIT P35	TRUE COPY OF THE 10/08/1993.	SALE DEED DATED
EXHIBIT P36	TRUE COPY OF THE 31/03/1964.	TAX RECEIPT DATED
EXHIBIT P37	TRUE COPY OF THE 18/09/1993.	SALE DEED DATED
EXHIBIT P38	TRUE COPY OF THE 03/04/1963.	TAX RECEIPT DATED
EXHIBIT P39	TRUE COPY OF GO(M 19/04/2006.	S) NO.109/2006/RD DATED
EXHIBIT P40	TRUE COPY OF THE THE 3RD PETITIONE	REPLY DATED 23/08/2018 OF R IN WPC NO.16068/2007.
RESPONDENT'S/S EX	HIBITS:
EXHIBIT-R5(a)	TRUE COPY OF THE L BY THE ADDITIONAL PETITIONER.	ETTER DATED 28/4/2018 GIVEN 5TH RESPONDENT TO THE 8TH
EXHIBIT-R5(b)	TRUE COPY OF THE R PETITIONERS TO THE DATED 5/7/2018	EPLY GIVEN BY ONE OF THE ADDITIONAL 5TH RESPONDENT
EXHIBIT-R5(c)	TRUE COPY OF THE L ADDITIONAL 5TH RE PETITIONERS DATED	ETTER GIVEN BY THE SPONDENT TO ONE OF THE 30/7/2018