Disposed

Emmanuel Thomas v. State of Kerala

Kerala HC11 Dec 2018WP(C)/28811/2017

Case brief

AI extract

What is this about?

The Kerala High Court examined writ petitions challenging land acquisition awards rendered after the 2013 Act came into force under the 1894 Act. The Court directed the officer to pass revised awards under the 2013 Act.

What did the court decide?

Directed Land Acquisition Officer to pass revised awards under the Land Acquisition, Rehabilitation and Resettlement Act, 2013 within 3-4 months; possession barred until new procedure followed.

Emmanuel Thomas Vs State of Kerala — Land Acquisition | 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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TUESDAY ,THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940

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WP(C).No. 28811 of 2017

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PETITIONER/S:

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1 EMMANUEL THOMAS

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S/O.LATE R.V THOMAS, AGED 64 YEARS'RESIDING AT RAMAPURAM HOUSE,VELLAPPADU KARA, MEENACHIL TALUK

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2 AMBIKA SASIKUMAR

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W/O. SASIKUMARAN NAIR, AGED 66 YEARSRESIDING AT PADINJARATHIL HOUSE,VELLAPPADU KARA, LALAM VILLAGE, PALA,MEENACHIL TALUK

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3 JOSEPH C. KAPPEN, S/O. D. CHACKO KAPPAN, KAPPIL HOUSE,LALAM VILLAGE, PALA POST

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4 K.T JOSEPH, S/O. K.M THOMAS, KOZHIVELIL HOUSE, PALA POST

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5 PRADEEP THOMAS

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S/O. P.K MATHEW, PODIMATTATHIL,PALA 686 575

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6 JULIE PRADEEP, D/O. JOSEPH KAPPEN, SRAMPICKAL,THRIKODITHANAM 686 105 CHANGANACHERRY

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7 TOM THOMAS

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S/O. R.V THOMAS, RAMAPURAMPALA POST 686 575

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8 JAMES KAPPEN, S/O. LATE K.C SEBASTIAN, KAPPIL HOUSE, PALA,PALA POST 686 575

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9 ASHA TOMY, W/O. TOMY JAMES,CHETTIPARAMBIL HOUSE,PALA P.O 686 575

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10 SHAJI K. MATHEW S/O. MATHEW, KIZHAKKEKARAVELLAPPADU, PALA POST

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11 SAJI K MATHEW

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S/O. MATHEW,KIZHAKKEKARA, VELLAPPADU, PALA POST

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12 CYRIAC THOMAS, S/O.LATE R.V THOMAS, AGED 73 YEARSRESIDING AT RAMAPURAM HOUSE,VELLAPPADU KARA, MEENACHIL TALUK

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BY ADVS.

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SRI.G.S.REGHUNATH

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SRI.P.C.HARIDAS

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W.P(C).Nos.28811 & 36071 Of 2017

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARYGOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001

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2 LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM 695 001

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3 DISTRICT COLLECTOR, KOTTAYAM 686 061

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4 REVENUE DIVISIONAL OFFICER PALA 686 575

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5 SPECIAL TAHASILDAR (LA) GENERAL KOTTAYAM 686 001

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6 CHIEF ENGINEER PUBLIC WORKS DEPARTMENT,THIRUVANANTHAPURAM 695 001

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7 EXECUTIVE ENGINEER

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PUBLIC WORKS DEPARTMENT(ROADS)KOTTAYAM 686 001

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8 ASST. EXECUTIVE ENGINEER ROADS SUB-DIVISION,PUBLIC WORKS DEPARTMENT(ROADS),PALA 686 575

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9 THE SECRETARY TO THE DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001

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10 SHANTI ELIZABETH THOMAS PRESENTLY WORKING AS DEPUTY COLLECTOR(L.A)COLLECTORATE, KOTTAYAM 686 001

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11 ADDL.R11 PALA MUNICIPALITY REPRESENTED BY ITS SECRETARY, PALA, KOTTAYAM686575. (ADDL.R11 IMPLEADED AS PER ORDER DATED 11/12/2018 IN IA.NO.01/2018)

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BY ADVS. GOVERNMENT PLEADER

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SRI.SUJITH MATHEW JOSE, SC, PALA MUNICIPALITY

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OTHER PRESENT:

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SRI.Y.JAFAR KHAN,GOVT.PLEADER FOR R1 TO R9, SRI.SUJITH MATHEW JOSE SC FOR ADDL.R11

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2018, ALONG WITH WP(C).36071/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).Nos.28811 & 36071 Of 2017

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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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TUESDAY ,THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940

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WP(C).No. 36071 of 2017

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PETITIONER/S:

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GEORGE THOMAS S/O. LATE R. V. THOMAS, AGED 75 YEARS, RESIDING AT RAMAPURAM HOUSE, VELLAPPADU KARA, MEENACHIL TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, TOM THOMAS, S/O. R. V. THOMAS, RAMAPURAM, PALA POST-686575.

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BY ADV. SRI.P.C.HARIDAS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM-695001. 3 DISTRICT COLLECTOR, KOTTAYAM-686001. 4 REVENUE DIVISIONAL OFFICER, PALA-686001. 5 SPECIAL TAHASILDAR LA , GENERAL, KOTTAYAM 686001. 6 CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695001.

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7 EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS),KOTTAYAM 686001.

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8 ASST. EXECUTIVE ENGINEER, ROADS SUB-DIVISION, PUBLIC WORKS DEPARTMENT (ROADS), PALA 686575.

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9 THE SECRETARY TO THE DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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10 SHANTI ELIZABETH THOMAS PRESENTLY WORKING AS DEPUTY COLLECTOR (LA),COLLECTRATE, KOTTAYAM 686001.

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11 PALA MUNICIPALITY REPRESENT BY ITS SECRETARY, PALA, KOTTAYAM-686575 BY ADVS. GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE, SC, PALA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.12.2018, ALONG WITH WP(C).28811/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).Nos.28811 & 36071 Of 2017

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ALEXANDER THOMAS, J .

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W.P(C).Nos.28811 & 36071 Of 2017

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Dated this the 11^th day of December, 2018.

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The main prayers in W.P.(C).No.28811/2017 are

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as follows:

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“i) To issue a writ of certiorari or any other appropriate writ order or direction to call for all records leading up to Ext.P17 and quash Exts.P8 series, P10 series, P11 series awards and P17.

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ii) To declare that there are no awards under S. 11 of the Land Acquisition Act 1894, in the case of the petitioners as on 01-01-2014, and hence they are entitled for compensation determined and paid under the provisions of the Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in case their lands are found liable to be proceeded with pursuant to Exts.P2 and P6.

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iii) To issue a writ of mandamus or any other appropriate order or direction to the respondents restraining them from proceeding any further with Exts.P8 series or P11 series and Ext.P17 or for taking possession or dispossessing the petitioners from the properties detailed in Exts.P8 series and P11 series, till an award as per law is passed and compensation in accordance with the provisions of the Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is paid.”

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2. The main prayers in W.P.(C).No.36071/2017

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are as follows:

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“i) To issue a writ of certiorari or any other appropriate writ order or direction to call for all the records leading up to Ext.P-15 and quash Exts.P9 proceedings, P10 award.

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W.P(C).Nos.28811 & 36071 Of 2017

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ii) To declare that there are no awards under S.11 of the Land Acquisition Act 1894, in the case of the petitioner, as on 01-01-2014, and hence they are entitled for compensation determined and paid under the provisions of the Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in case his land is found liable to be proceeded with pursuant to Exts.P2 and P6.

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iii) To issue a writ of mandamus or any other appropriate order or direction to the respondents restraining them from proceeding any further with Exts.P8 or P10 and notice like Ext.P15 or for taking possession or dispossessing the petitioner from the properties detailed in Exts.P8 or P10, till an award as per law is passed and compensation in accordance with the provisions of the Right Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is paid.”

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3. Heard Sri.G.S.Reghunath &

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Sri.P.C.Haridas, learned counsel appearing for the petitioners, Sri.Y.Jafar Khan, learned Government Pleader appearing for respondents 1 to 9 and Sri.Sujith Mathew Jose, learned counsel appearing for the additional 11^th respondent.

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4. This Court has passed order dated 31.8.2017 in W.P.(C).No.28811/2017, which reads as follows:

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“The learned Government Pleader takes notice for respondents 1 to 9. Issue notice by speed post to the tenth respondent.

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In the light of the specific finding in Ext. P-14 order that the awards in respect of the properties to the petitioners referred to in the writ petition are predated, I deem it appropriate

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W.P(C).Nos.28811 & 36071 Of 2017

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to pass an interim order as prayed for by the petitioners for a period of one month.”

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5. After having heard all the parties

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concerned and taking note of the pleadings and

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materials on record, this Court is of the

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considered view that the matter in controversy could be resolved in these cases by issuing a direction that revised awards should be passed by

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the Land Acquisition Officer in terms of the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is not in dispute that land acquisition proceedings have been initiated under the provisions of the Land Acquisition Act, 1894. But in the instant case awards have been rendered after coming into force of the new Act on 1.1.2014. Therefore going through the explicit provisions contained in Se.24(1) of the new Act, 2013, revised awards will have to be passed in terms of the provisions contained in the new Act, 2013. This Court has held so in very many cases as settled by

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W.P(C).Nos.28811 & 36071 Of 2017

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this Court as the one in Varghese M.V. v. State of Kerala & ors , reported in 2015 (4) KHC 200 (DB).

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6. As per Ext.P-14 in W.P.(C).No.28871/2017 and Ext.P-12(a) in W.P.(C).No.36071/2017, it has been found that the impugned award to the extent it relates to the properties of the petitioners have been predated. Hence it is only to be held that no lawful award has been passed under the old Act before the coming into force of the new Act. Accordingly, it is ordered that the Land Acquisition Officer will revise award in respect of the properties covered in these cases in terms of the provisions contained in the new Act, 2013 in accordance with the procedure thereof, after affording a reasonable opportunity of being heard to the petitioners/claimants concerned. Revised awards in that regard under the new Act, 2013 may

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be endeavoured to be rendered by the Land Acquisition Officer without much delay, preferably within a period of 3-4 months from the date of receipt of a certified copy of this

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W.P(C).Nos.28811 & 36071 Of 2017

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judgment. Needless to say the possession of the property can be taken only after following the due procedure prescribed under the new Act.

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With these observations and directions, the above Writ Petition (Civil) will stand finally

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disposed of.

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sd/- ALEXANDER THOMAS, Judge.

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Bkn/-

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W.P(C).Nos.28811 & 36071 Of 2017

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APPENDIX OF WP(C) 28811/2017

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	TRUE COPY OF PROCEEDINGS DATED 11-02- 2011 OF THE 2ND RESPONDENT
EXHIBIT	P2	TRUE COPY OF S.4(1) NOTIFICATION
		PUBLISHED IN DEEPIKA DAILY DATED 05- 04-2011
EXHIBIT	P3	TRUE COPY JUDGMENT DATED 05-06-2012 IN W.P(C) NO 17504/2011
EXHIBIT	P4	TRUE COPY OF THE REPORT OF 5TH RESPONDENT
EXHIBIT	P5	TRUE COPY OF THE HISTORY OF CASE DATED 13-07-2012 PREPARED BY 3RD RESPONDENT
EXHIBIT	P6	TRUE COPY OF THE ORDER DATED 17-07- 2012 OF THE 2ND RESPONDENT
EXHIBIT	P7	TRUE COPY OF THE S.6 DECLARATION DATED 06-09-2012
EXHIBIT	P7A	TRUE COPY OF THE NOTICE UNDER S.9 OF LAND ACQUISITION ACT
EXHIBIT	P9(2 NO	TRUE COPIES OF THE NOTICE OF AWARD AND AWARD DATED 30-12-2013 ISSUED TO THE PETITIONERS
EXHIBIT	P9	TRUE COPY OF THE I.A FILED IN W.P(C) NO 28509/2012
EXHIBIT	P9A	TRUE COPY OF THE JUDGMENT DATED 28-06- 2017 IN W.P(C0 NO 28500/2012 AND CONNECTED CASES
EXHIBIT	P10	TRUE COPY OF PROCEEDINGS OF THE 5TH RESPONDENT
EXHIBIT	P11	TRUE COPIES OF THE AWARDS DATED 30-12- 2013 OF THE 5TH RESPONDENT
EXHIBIT	P12	TRUE COPY OF THE RELEVANT PAGES OF INWARD AND OUT WARD REGISTERS IN THE OFFICE OF THE 5TH RESPONDENT

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W.P(C).Nos.28811 & 36071 Of 2017

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EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF THE DISTRIBUTION REGISTER AND DETAILS SHOWING HOUSE ASSESSMENT MAINTAINED IN THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P14 TRUE COPY OF THE VIGILANCE ENQUIRY REPORT DATED 07-08-2017 EXHIBIT P15 TRUE COPY OF THE APPLICATION AND REPLY DATED 29-06-2015 UNDER THE RTI ACT EXHIBIT P16 TRUE COPY OF THE APPLICATION AND REPLY DATED 24-07-2015 UNDER THE RTI ACT EXHIBIT P17 TRUE COPY OF THE POSSESSION NOTICE DATED 19-07-2017

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W.P(C).Nos.28811 & 36071 Of 2017

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APPENDIX OF WP(C) 36071/2017

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF PROCEEDINGS DATED 11.02.2011 OF THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF S. 4(1) NOTIFICATION PUBLISHED IN DEEPIKA DAILY DATED 05.04.2011.
EXHIBIT P3	TRUE COPY JUDGMENT DATED 05.06.2012 IN W.P. (C) NO.17504/2011.
EXHIBIT P4	TRUE COPY OF THE REPORT OF 5TH RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE HISTORY OF CASE DATED 13.07.2012 PREPARED BY 3RD RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 17.07.2012 OF THE 2ND RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE S.6 DECLARATION DATED 06.09.2012.
EXHIBIT P8	TRUE COPY OF THE NOTICE OF AWARD AND AWARD DATED 30.12.2013 ISSUED TO THE BROTHER OF THE PETITIONERS.
EXHIBIT P9	TRUE COPY OF PROCEEDINGS OF THE 5TH RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE AWARDS DATED 30.12.2013 OF THE 5TH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE RELEVANT PAGES OF INWARD AND OUT WARD REGISTERS IN THE OFFICE OF THE 5TH RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE RELEVANT PAGES OF THE DISTRIBUTION REGISTER AND DETAILS SHOWING HOUSE ASSESSMENT MAINTAINED IN THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P12(A)	TRUE COPY OF THE VIGILANCE ENQUIRY REPORT DATED 07.08.2017
EXHIBIT P13	TRUE COPY OF THE APPLICATION AND REPLY DATED 29.06.2015 UNDER THE RTI ACT.
EXHIBIT P14	TRUE COPY OF THE APPLICATION AND REPLY

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DATED 24.7.2015 UNDER THE RTI ACT. EXHIBIT P15 TRUE COPY OF THE POSSESSION NOTICE DATED 19.07.2017 ISSUED TO THE BROTHER OF THE PETITIONER. EXHIBIT P16 TRUE COPY OF THE ORDER DATED 31.08.2017 IN W.P.(C) NO.28811/2017.

Emmanuel Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Emmanuel Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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