Remanded

Dr. M.Kumaran v. State of Kerala

Kerala HC19 Nov 2020WP(C)/16051/2020

Case brief

AI extract

What is this about?

In two writ petitions, the High Court directed the Chief Secretary to decide, within two months, the conflict between the Central University's claim to shift a public road and the public's right of way. The court also ordered the status quo ante to continue regarding the blocked road.

What did the court decide?

Direction to Chief Secretary to decide the road shifting issue and to maintain status quo regarding the blocked public road until the decision is taken.

Dr. M.Kumaran Vs State of Kerala — Motor Accident Claims | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.13715 OF 2020(L)

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PETITIONER:

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INDIRA P., AGED 45 YEARS W/O.KUMARAN, MALIYEKKAL, ALAKKODE, PAKKOM P.O., BEKAL FORT(VIA)-671 316, KASARAGOD.

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BY ADVS. SRI.M.SASINDRAN SRI.I.SREEHARI

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RESPONDENTS:

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1 THE CENTRAL UNIVERSITY OF KERALA TEJASWINI HILLS, PERIYA, KERALA-671 316, KASARAGOD DISTRICT-REPRESENTED BY REGISTRAR.

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2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE CHIEF ENGINEER (ROADS) PUBLIC WORKS DEPARTMENT, MUSEUM P.O., PIN-695 033, THIRUVANANTHAPURAM DISTRICT.

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4 THE DISTRICT COLLECTOR KASARAGOD-671 121.

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5 THE EXECUTIVE ENGINEER PWD (ROADS DIVISION), PWD COMPLEX, PULIKKUNNU, KASARAGOD-671 123.

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*ADDL.R6 IMPLEADED ADDL.R6 THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 2

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*ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 19-11-2020 IN WP(C)NO.13715/2020.

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R1 BY SRI.V.SAJITH KUMAR, SC, CENTRAL UNIVERSITY OF KERALA R2-R5 & ADDL.R6 BY SMT.PRINCY XAVIER,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, ALONG WITH WP(C).16051/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 3

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.16051 OF 2020(F)

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PETITIONERS:

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1 DR. M.KUMARAN AGED 65 YEARS S/O. CHANDRAN NAIR, MANGALA, ECHIKUNDU, PERIYE, KASARAGOD DISTRICT.

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2 SATHYAN POOCHAKAD AGED 54 YEARS

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S/O. V. KUNHIRAMAN, THAZHATHUVEETTIL, KEEKAN, P.O. KEEKAN, (VIA) PERIYE, KASARAGOD DISTRICT.

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BY ADV. SHRI.V.N.RAMESAN NAMBISAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (PS) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,

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PIN - 695 001.

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2 DISTRICT COLLECTOR

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CIVIL STATION, VIDYA NAGAR, KASARAGOD DISTRICT,

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PIN - 671121.

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3 THE EXECUTIVE ENGINEER PWD (ROADS) DIVISION, KASARAGOD DISTRICT, PIN - 671121.

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4 PLANTATION CORPORATION OF KERALA LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, COLLECTORATE P. O., KOTTAYAM DISTRICT, PIN - 686004.

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5 THE CENTRAL UNIVERSITY OF KERALA

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 4

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REPRESENTED BY THE REGISTRAR, CAMPUS AT PERIYE, KASARAGOD DISTRICT, PIN - 671316.

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*ADDL.R6 IMPLEADED ADDL.R6 THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

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*ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 19-11-2020 IN WP(C)NO.16051/2020.

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R1-R3 & ADDL.R6 BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER R4 BY ADV. SRI.N.RAJESH R5 BY SRI.V.SAJITH KUMAR, SC, CENTRAL UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, ALONG WITH WP(C).13715/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 5

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JUDGMENT

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Dated this the 19th day of November 2020

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In both these writ petitions, the dispute raised is relating to road abutting the Central University of Kerala. In W.P.(C).No.13715 of 2020, the grievance of the petitioner is against the steps that were taken at the instance of the Central University to block the PWD road viz. Poochakkad mosque-Periya connecting the National Highway 66 and Kasaragod Kanhangad State Highway. It is stated that the University is having its properties, on both sides of the road. According to the petitioner in W.P.(C).No.13715 of 2020, this PWD road, it is a bus route and it is being used by the people of the locality from three Panchayats, and that in case the road is blocked, the public will suffer.

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The PWD has filed a statement, according to which, it would not support any attempt on the part of the University Authorities in blocking the road as it would defeat the right to

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 6

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movement being enjoyed by the public.

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At the same time, in W.P.(C).No.16051 of 2020, the grievance

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relates to a road being constructed from Periye to Thannot starting from Kalam Junction on NH 66, along the northern boundary of the Central University. It is stated that this road was originally passing through the property of the Plantation Corporation and after that property was given to the Central University; it was shifted to the northern boundary of the University, for its convenience. It is pointed out that the road has been completed except for 100 metres commencing from Kalam Junction and Periye from NH 66 since the Plantation Corporation has not released their property. According to the petitioners, if the construction of the said road is completed, petitioners and other 40 families residing on either side of the said road would have proper access.

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The plantation Corporation has filed a statement, according to which, they have not taken a decision regarding surrender of any property. According to the Corporation, a decision regarding transfer

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 7

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of any portion of the property can be taken only on receipt of concrete

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orders from the Government.

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A statement is filed by the District Collector in the said writ

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petition. It is stated that a decision was taken in the high level meeting held in the year 2012, to shift the existing Poochakkal-Periye road passing through the campus of the University, to the northern boundary of the campus, by constructing a new road. It is stated that the University had requested for such a shifting, pointing out their difficulty to maintain campus security, when a PWD road passes through their property. It is stated that for completion of that road, University required 100 M length of the road vested in Plantation Corporation of Kerala. It is stated that the Plantation Corporation has not so far, transferred the land to the PWD or any other Authority. Pointing out the decisions taken in the meetings convened each time till 16.12.2019, for the purpose construction of this road, the District Collector stated that several trees are to be felled for its completion and the assistance of Agricultural Department was found necessary and

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 8

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further proceedings were not be taken after this Court passed an

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interim order in W.P.(C) No. 13715 of 2020 restraining the blocking of the Poochakkal-Periye road.

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Now that the PWD, Plantation Corporation, the District

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Collector as well as the Central University are taking different approach over the issue and a decision has to be taken by an Authority superior to all of them. It will therefore be only appropriate that the Chief Secretary takes a decision on the issue.

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These writ petitions are therefore disposed of directing that

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the Chief Secretary to Government shall take a decision with respect to the claim of the Central University vis a vis the public over the PWD Roads Poochakkad Mosque-Periya as well as the completion of the Periye to Thannot road starting from Kalam Junction on NH 66, on the northern boundary of the Central University, in consultation with all the stake holders, within a period of 2 months from the date of receipt of a copy of the judgment.

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As it is seen that there has been an order of status quo in W.P.

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 9

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(C).No.13715 of 2020 with respect to the PWD road commencing from

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Periya Junction to Poochakkad Mosque Junction, the said position shall

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continue till a decision is taken by the Chief Secretary.

Sd/-

P.V.ASHA

JUDGE

Bb/24/11/2020

WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 10

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APPENDIX OF WP(C) 13715/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 EXHIBIT P1(a)	TRUE COPY OF THE PHOTOGRAPH OF THE ROAD. TRUE COPY OF THE MAIN ENTRANCE GATE OF THE UNIVERSITY ON THE SIDE OF THE PWD ROAD.
EXHIBIT P2	TRUE COPY OF THE REPLY TO A QUESTION UNDER THE RIGHT TO INFORMATION ACT, REPLY DATED 5.6.2020 ISSUED IN REPLY TO A QUESTION UNDER THE RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE EXECUTIVE ENGINEER, PWD.
EXHIBIT P3	TRUE COPY OF THE ROUGH SKETCH OF THE LIE OF THE ROAD COMMENCING FROM PERIYA JUNCTION TO POOCHAKKAD MOSQUE, THROUGH KALAM NAGAR.
EXHIBIT P4	TRUE COPY OF THE NOTICE, ISSUED BY THE PRESIDENT OF 3 GRAMA PANCHAYATS, INCLUDING THE PETITIONER CONVENING A MEETING OF THE PUBLIC FOR CONSTITUTING A COMMITTEE FOR FIGHTING FOR THE FREEDOM OF MOVEMENT.
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COMMITTEE OF WHICH THE PETITIONER IS THE CHAIRPERSON.
EXHIBIT P6 RESPONDENTS' EXHI	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHER ACTION COMMITTEE OFFICE BEARERS BEFORE THE MINISTER FOR PWD. BITS:
ANNEXURE R1(a)	A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 17.9.2012
ANNEXURE R1(b)	A TRUE COPY OF THE FORWARDING LETTER ISSUED BY THE SECRETARY TO THE GOVERNMENT PUBLIC WORKS DEPARTMENT DATED 18.10.2012
ANNEXURE R1(c)	A TRUE COPY OF THE G.O.(RT)NO.184/2014/H. EDN.DATED 30.01.2014

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 11

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ANNEXURE R1(d) A TRUE COPY OF THE ORDER NO.PWDPS2/79/2018/PWD DATED 9.3.2018 ANNEXURE R1(e) A TRUE COPY OF THE ROUGH SKETCH SHOWING THE EXISTING ROAD TO KALAM JUNCTION AND SUBSTITUTE ROAD PROPOSED BY THE CENTRAL UNIVERSITY ANNEXURE R1(f) A TRUE COPY OF THE LETTER DATED 12.8.2016 ISSUED BY THE MANAGING DIRECTOR OF PLANTATION CORPORATION ANNEXURE R1(g) A TRUE COPY OF THE MINUTES DATED 10.6.2019 ANNEXURE R1(h) A TRUE COPY OF THE ORDER NO.23(32)/ KCUPD/2019/200 DATED 2.1.2020 ANNEXURE R1(i) A TRUE COPY OF THE LETTER DATED 24.3.2017 ISSUED BY THE EXECUTIVE ENGINEER PWD

[True copy]

P.A to Judge

WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 12

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APPENDIX OF WP(C) 16051/2020

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE NO.15664/PS2/201 THE 1ST RESPONDE VICE CHANCELLOR.	LETTER 2/PWD DATED 18.10.2012 OF NT TO THE 2ND RESPONDENT
EXHIBIT P1 (a)	TRUE COPY OF THE DATED 17.09.2012	MINUTES OF THE MEETING .
EXHIBIT P2	TRUE COPY OF THE	PLAN OF THE SITE.
EXHIBIT P3	TRUE COPY OF THE NO.SEC/LAND/CUK/ ISSUED BY 4TH RE RESPONDENT.	LETTER 2413 DATED 12.08.2016 SPONDENT TO THE 5TH
EXHIBIT P4	TRUE COPY OF THE PS2/79/2018/PWD THE 1ST RESPONDE (ROADS AND BRIDG THIRUVANANTHAPUR	LETTER NO.PWD- DATED 9.3.2018 ISSUED BY NT TO THE CHIEF ENGINEER ES), PWD, AM.
EXHIBIT P5	TRUE COPY OF THE DATED 10.06.2019 RESPONDENT.	MINUTES OF THE MEETING CONVENE BY THE 2ND
EXHIBIT P6	TRUE COPY OF THE NO.23(32)/KCUPD/ ISSUED BY THE 3R CONTRACTOR VIZ.,	LETTER 2019/238 DATED 2.1.2020 D RESPONDENT TO THE C. H. PAVITHRAN.
EXHIBIT P7	TRUE COPY OF THE 19.03.2020 SUBMI BEFORE THE 2ND R	REPRESENTATION DATED TTED BY THE PETITIONERS ESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXT.R4(a)	TRUE COPY OF COMMUNICATION BEARING
	NO.SEC/LAND/F-4/3862 DATED 10.12.2019
	ADDRESSED TO ADDITIONAL CHIEF SECRETARY
	REVENUE (L) DEPARTMENT, GOVERNMENT OF
	KERALA, THIRUVANANTHAPURAM
EXT.R4(b)	TRUE COPY OF RELEVANT EXTRACT OF THE

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WP(C).No.13715 OF 2020(L) &

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WP(C).No.16051 OF 2020(F) 13

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MINUTES OF 459TH MEETING OF BOARD OF DIRECTORS OF PLANTATION CORPORATION OF KEARLA LTD. DATED 21.8.2020

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[True copy]

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P.A to Judge

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Dr. M.Kumaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr. M.Kumaran v. State of Kerala

Case brief

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