Allowed

M/S. Priya Rubber Estates & Plantations (P) Ltd. v. State of Kerala

Kerala HC30 Oct 2018WP(C)/7241/2018

Case brief

AI extract

What is this about?

The High Court held that proceedings under the Kerala Land Conservancy Act against the petitioner company were incompetent because the Special Officer lacks jurisdiction to adjudicate title. The division bench precedent was followed, and the respondent's notice and order were set aside. The petitioner was allowed to pay basic tax pending title adjudication in civil court.

What did the court decide?

Exhibits P15 and P17 set aside. Proceedings under Land Conservancy Act declared incompetent. State directed to institute civil proceedings for title. Basic tax accepted pending title adjudication.

M/S. Priya Rubber Estates & Plantations (P) Ltd. Vs State of… — 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

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WP(C).No. 38958 of 2015

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PETITIONER

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M/S. PRIYA RUBBER ESTATES & PLANTATIONS (P) LTD REPRESENTED BY ITS DIRECTOR DR.K.G.SURESH,KOCHUTHOPPIL HOUSE,PARUMALA.P.O,THIRUVALLA,PATHANAMTHITTA DISTRICT.

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.ANOOP.V.NAIR SRI.K.SUDHINKUMAR SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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3 THE SPECIAL OFFICER DISTRICT COLLECTOR STATE SPECIAL OFFICER,GOVERNMENT LAND RESUMPTION, PUBLIC OFFICE BUILDING,MUSEUM JUNCTION,THIRUVANANTHAPURAM-695033.

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BY ADVS.

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SRI.S.B.PREMACHANDRA PRABHU SPL.GOVERNMENT PLEADER

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OTHER PRESENT:

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SPL GP MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.7.2018, ALONG WITH WP(C).7241/2018, WP(C).16876/2018, THE COURT ON 30.10.2018 DELIVERED THE FOLLOWING:

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W.P.(C).No.38958/15 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

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WP(C).No. 7241 of 2018

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PETITIONER:

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M/S. PRIYA RUBBER ESTATES & PLANTATIONS (P) LTD. REPRESENTED BY ITS DIRECTOR DR. K.G. SURESH,KOCHUTHOPPIL HOUSE, PARUMALA PO,THIRUVALLA, PATHANAMTHITA DISTRICT

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.P.MOHANDAS (ERNAKULAM) SRI.SABU PULLAN SRI.S.K.ADHITHYAN SRI.S.VIBHEESHANAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

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2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMETN SECRETARIAT,THIRUVANANTHAPURAM 695001

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3 THE SPECIAL OFFICER STATE SPECIAL OFFICE,GOVERNMENT LAND RESUMPTION,PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,THIRUVANANTHAPURAM 695033

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BY SPL GP MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.7.2018, ALONG WITH WP(C).16876/2018, WP(C).38958/2015, THE COURT ON 30.10.2018 DELIVERED THE FOLLOWING:

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W.P.(C).No.38958/15 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

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WP(C).No. 16876 of 2018

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PETITIONER:

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DR.K.G.SURESH AGED 46 YEARS KOCHUTHOPPIL HOUSE, PARUMALA P.O.,THIRUVALLA, PATHANAMTHITTA

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BY ADV. SRI.D.SAJEEV

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

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2 SPECIAL OFFICER AND COLLECTOR GOVERNMENT LAND RESUMPTION, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM

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3 VILLAGE OFFICER VILLAGE OFFICE, ARYANKAVU

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BY SPL GP MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.7.2018, ALONG WITH WP(C).7241/2018, WP(C).38958/2015, THE COURT ON 30.10.2018 DELIVERED THE FOLLOWING:

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W.P.(C).No.38958/15 & con.cases

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= = = = = = = = = = = = = = =

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W.P.(C).Nos.38958 of 2015, 7241 & 16876 of 2018

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= = = = = = = = = = = = = = = =

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JUDGMENT

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1.W.P.(C).No.38958 of 2015 is filed by the company challenging

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Exhibit P17 order directing resumption of the land under the Kerala Land Conservancy Act, while W.P.(C).No.7241 of 2018 is filed by the company seeking directions not to interefere with the agricultural operations of the company. W.P. (C).No.16876 of 2018 is filed by the a Director of the company

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seeking acceptance of land tax in respect of the property.

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2.Heard the learned counsel for the petitioners and the learned Government Pleader.

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3.The issue raised in these writ petitions are with regard to the right of the petitioners in respect of lands in their possession which had been purchased by them from earlier vendors tracing title back to M/s. Harrisons Malayalam Limited.

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4.The contention of the petitioners is that on the ground that M/s.Harrisons Malayalam Ltd. was in illegal possession of

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W.P.(C).No.38958/15 & con.cases

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large extent of land, action has been initiated against that company and its assignees under the provisions of the Land Conservancy Act. The petitioner-company had purchased 492.13 acres of land in Sy.Nos.393/1, 414/1, 415/1, 416/1, 417/1, 418/1, 418/1, 419/1, 420/1, 421/1, 422/1, 423/1 and 426/1 of Aryankavu village (old Pathanapuram). It is stated that mutation was effected and the company had been remitting land tax. While so, notices were issued by the Special Officer and Collector, Government Land Resumption claiming that the property is a Government property and is liable to be resumed. It is stated that the property had been subject to a mortgage and proceedings were initiated in the DRT. Pursuant to payment of amounts due to the bank, the documents are liable to be released. It is while so that the notice had been issued requiring the petitioner to vacate the premises on the assumption that the property is Government land.

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5.Relying on the decision of a Division Bench of this Court in Harrisons Malayalam Ltd. and another v. State of Kerala and another [2018(2) KHC 719], it is contended that the

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W.P.(C).No.38958/15 & con.cases

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special officer appointed under the Kerala Land Conservancy Act, 1957 cannot arrogate to himself the power of the Civil Court that he has no jurisdiction to declare a registered conveyance void and cannot adjudicate on title and carry out eviction. It is stated that no summary eviction under the Kerala Land Conservancy Act is possible when the occupants bona fide raise an assertion as to title.

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6.The learned Special Government Pleader for Revenue submits that pursuant to notice for eviction, possession of the land in question had been taken over and boards had been erected by the official respondents proclaiming the property to be the Government land. It is stated that changes were effected in the revenue records on the strength of interim orders issued by this Court, which are not under challenge. It is further submitted that a Special Leave Petition is filed against the decision of the Division Bench and that further proceedings in the matter may await the decision in the SLP.

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7.I have considered the contentions advanced. The Division

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Bench of this Court has clearly held that the provisions of the

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W.P.(C).No.38958/15 & con.cases

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Kerala Land Conservancy Act, 1957 are available only in respect of removal of encroachments on Government land. A finding that the property is a Government land, as provided in

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the Act is a jurisdictional pre-requisite for the initiation of any proceeding under the said Act. In the instant case, the petitioners have raised a clear claim as to the title of the properties in question.

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8.The SLP filed against the judgment of the Division Bench has also been dismissed by the Apex Court. The taking over possession of the property or planting of boards thereon cannot confer title on the government in view of the finding that the proceedings initiated were without jurisdiction

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9.In the above view of the matter, I am of the opinion that the decision of the Division Bench applies into the facts of this case as well. The proceedings issued in terms of the Kerala Land Conservancy Act are, therefore, incompetent and unenforceable.

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In the result, the following directions are issued:-

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i)Ext.P15 in W.P.(C).No. 7241/18 and Exhibit P17 in W.P.(C).No.

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W.P.(C).No.38958/15 & con.cases

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38958 of 2015 are set aside.

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ii)Since the petitioners have raised a valid claim to title, it is declared that proceedings under the Land Conservancy Act cannot

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be invoked and the State has to institute appropriate civil proceedings to establish its title in accordance with law.

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iii) Basic tax can be accepted from the petitioners on the basis of the title deeds relied on by them, subject to any adjudication on

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title.

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Writ petitions are ordered accordingly.

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Sd/- Anu Sivaraman, Judge

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W.P.(C).No.38958/15 & con.cases

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APPENDIX OF WP(C) 38958/2015

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PETITIONER'S EXHIBITS:

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ANNEXURE P16 P16 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24-07-2015(WITHOUT ANNEXURES)

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EXHIBIT P1 P1 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARTNERS OF ACHANKOVIL ESTATES IN FAVOUR OF BABY PLANTATIONS DATED 1705-1980 EXHIBIT P2 P2 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARNTERS OF BABY PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS DATED 8-4-1983 EXHIBIT P3 P3 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARNTERS OF BABY PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS DATED 13-03-1985 EXHIBIT P4 P4 TRUE COPY OF THE TAX RECEIPT DATED 20-03-1989 SHOWING THE REMITTANCE OF PLANTATION TAX EXHIBIT P5 P5 TRUE COPY OF THE TAX RECEIPT DATED 21-02-1990 SHOWING THE REMITTANCE OF PLANTATION TAX FOR THE YEAR 1989

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EXHIBIT P6 P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE DATED 19-10-1990

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EXHIBIT P7 P7 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE DATED 27-03-1992

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EXHIBIT P8 P8 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE, DATED 15-07-1992

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W.P.(C).No.38958/15 & con.cases

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EXHIBIT P9	P9 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER,ARYANKAVU VILLAGE DATED 22-08-1992
EXHIBIT P10	P10 TRUE COPY OF THE JUDGMENT DATED 13- 07-2009 IN W.P(C)13744/2007
EXHIBIT P11	P11 TRUE COPY OF THE INTIMATION GIVEN BY THE CANARA BANK DATED 12-09-2007
EXHIBIT P12	P12 TRUE COPY OF THE LETTER GIVEN BY THE CANARA BANK TO THE PETITIONER DATED 2-6-2008
EXHIBIT P13	P13 TRUE COPY OF THE RECEIPT ISSUED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER,ACHANKOVIL DATED 31-03-2010
EXHIBIT P14	P14 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND THE LEADERS OF THE EMPLOYEES UNION MADE IN THE PRESENCE OF ADDITIONAL LABOUR COMMISSIONER DATED 27-07-2011
EXHIBIT P15	P15 TRUE COPY OF THE NOTICE NO.GLR(LR)- 81/2015 DATED 22-08-2015 GIVEN BY THE 3RD RESPONDENT
EXHIBIT P17	P17 TRUE COPY OF THE ORDER NO.GLR-(LR)- 81/2015 DATED 22.08.2015 ISSUED BY THE 3RD RESPONDENT.

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True copy

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PS to Judge

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W.P.(C).No.38958/15 & con.cases

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APPENDIX OF WP(C) 7241/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARTNERS OF ACHANKOVIL ESTATES IN FAVOUR OF BABY PLANTATIONS DATED 17.05.1980 EXHIBIT P2 TRUE COPY OF THE SALE DEED EXECUTED BY THE PARTNERS OF BABY PLANTATIONS IN FAVOUR OF KAILAS PLANTATIONS DATED 08.04.1983 EXHIBIT P3 TRUE COPY OF THE SALE DEED EXECUTED BY THE PERTNERS OF KAILAS PLANTATIONS IN FAVOUR OF THE PETITIONER DATED 13.03.1985 EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 20.03.1989 SHOWING THE REMITTANCE OF PLANTATION TAX EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 21.02.1990 SHOWING THE REMITTANCE OF PLANTATION TAX FOR THE 1989 EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE VILLAGE OFFICER, ARYANKAVU VILLAGE DATED 19.10.1990 EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARAYAN KAVU VILLAGE DATED 27.03.1992 EXHIBIT P8 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARAYANKAVU VILLAGE DATED 15.07.1982 EXHIBIT P9 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARAYANKAVU VILLAGE DATED 22.08.1982 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 13.07.2009 IN WPC.NO. 13744/2007

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W.P.(C).No.38958/15 & con.cases

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EXHIBIT P11 TRUE COPY OF THE INTIMATION GIVEN BY THE CANARA BANK DATED 12.09.2007 EXHIBIT P12 TRUE COPY OF THE LETTER GIVEN BY THE CANARA BANK TO THE PETITIONER DATED 02.06.2008 EXHIBIT P13 TRUE COPY OF THE RECEIPT ISSUED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER, ACHANKOVIL DATED 31.03.2010 EXHIBIT P14 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND THE LEADERS OF THE EMPLOYEES UNION MADE IN THE PRESENCE OF ADDITIONAL LABOUR COMMISSIONER DATED 27.07.2011 EXHIBIT P15 TRUE COPY OF THE NOTICE NO. GLR (LR) 81/2015 DATED 22.08.2015 GIVEN BY THE 3RD RESPONDENT EXHIBIT P16 TRUE COPY OF THE DEMAND ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT AS COLLECTORATE FILE NO. 2016/21471/3 DATED 31.08.2016 EXHIBIT P17 TRUE COPY OF THE LETTER WRITTEN BY THE COMMISSIONER COMMERCIAL TAXES TO THE SECRETARY, TAXES DEPARTMENT DATED 11.07.2012

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True copy

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PS to Judge

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W.P.(C).No.38958/15 & con.cases

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APPENDIX OF WP(C) 16876/2018

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PETITIONER'S/S EXHIBITS:

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EXT.P1: COPY OF THE JUDGMENT IN WPCNO. 13744/2017 DATED 13/7/2007

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EXT.P2: COPY OF THE RELEVANT PAGES OF THE ORDER OF THE R2 DATED 22/8/2015.

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EXT.P3: COPY OF THE NOTICE OF BY THE R2 DATED 22/8/2015

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EXT.P4: COPY OF THE MAHAZAR DATED 4/11/2017. EXT.P5: COPY OF THE ORDER OF THE R2 DATED 16/11/2017.

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EXT.P6: COPY OF THE RELEVANT PAGES OF THE JUDGMENT IN WPC NO. 33122/2014 & CONNECTED MATTERS DATED 11/4/2018.

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True copy

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PS to Judge

M/S. Priya Rubber Estates & Plantations (P) Ltd. v. State of Kerala

Case brief

What is this about?

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M/S. Priya Rubber Estates & Plantations (P) Ltd. v. State of Kerala

Case brief

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