Disposed

Palliveettil Abdu Rahiman v. District Collector

Kerala HC12 Nov 2020WP(C)/21320/2020

Case brief

AI extract

What is this about?

Single Judge of Kerala High Court disposed of four connected writ petitions challenging proceedings under the Land Conservancy Act. The court directed the Government to consider the petitioners' claims regarding perpetual lease eligibility as per prior judgment directions and maintained status quo regarding land possession pending a decision.

What did the court decide?

Directed the Government to consider the claim of the petitioners based on the judgment dated 19.06.2019 in W.P.(C) No. 37333 of 2017 and maintained status quo regarding land possession.

Palliveettil Abdu Rahiman Vs District Collector — Land Acquisition | 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 MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942

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WP(C).No.21320 OF 2020(L)

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PETITIONER/S:

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1 PALLIVEETTIL ABDU RAHIMAN, AGED 66 YEARS, S/O UMMAR KOYA,20/1440 C, ALFAUZ, VKK MENON ROAD, KALLAI.P.O,PANNIYANKARA, KALLAI-KOZHIKODE, KERALA-673003.

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2 SMT.FAUSEYA UMAIBANU, AGED 59 YEARS, W/O.P.V.ABDU RAHIMAN,20/1440 C, ALFAUZ, VKK MENON ROAD, KALLAI.P.O, TIRUVANNUR NADA S.O, TIRUVANNUR NADA, KOZHIKODE, KERALA-673029.

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BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE-673001.

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2 COMMISSIONER OF LAND REVENUE, LAND REVENUE COMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM, TRIVANDRUM-695033.

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3 SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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4 TAHSILDAR, LAND RECORDS, CIVIL STATION, KOZHIKODE-673001.

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5 THE VILLAGE OFFICER, KASABA VILLAGE OFFICE, KOZHIKODE-673001.

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21670/2020(G), WP(C).22137/2020(N), WP(C).22400/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.21320-2020&connected cases 2

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942

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WP(C).No.21670 OF 2020(G)

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PETITIONER/S:

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ABDUL NAZAR, AGED 61 YEARS, S/O. ABOOBAKKER KOYA, BAMBOO MERCHANT, 59/6198, EAST KALLAI ROAD, KOZHIKODE-673 003.

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BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE-673 001.

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2 COMMISSIONER OF LAND REVENUE, LAND REVENUE COMMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM, TRIVANDRUM-695 033.

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3 SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, LAND REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

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4 TAHSILDAR, LAND RECORDS, CIVIL STATION, KOZHIKODE-673 001.

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5 THE VILLAGE OFFICER, KASABA VILLAGE OFFICE, KOZHIKODE-673 001.

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21320/2020(L), WP(C).22137/2020(N), WP(C).22400/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.21320-2020&connected cases 3

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942

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WP(C).No.22137 OF 2020(N)

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PETITIONER/S:

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O.ABDURAHIMAN, AGED 60 YEARS, S/O. S. AHAMMEDKOYA, 23/1684 A, ARSH, MELARI PADAM, THIRUVANOOR ROAD, KALLAI P.O, KUNDUNGAL, KOZHIKODE-673 003.

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BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI

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RESPONDENT/S:

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1 DISTRICT COLLECTOR.

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COLLECTORATE, CIVIL STATION, KOZHIKODE-673 001.

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2 COMMISSIONER OF LAND REVENUE, LAND REVENUE COMMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM, TRIVANDRUM-695 033.

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3 SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, LAND REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

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4 TAHSILDAR, LAND RECORDS, CIVIL STATION, KOZHIKODE-673 001.

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5 THE VILLAGE OFFICER, NAGARAM VILLAGE OFFICE, KOZHIKODE-673 001.

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SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21320/2020(L), WP(C).21670/2020(G), WP(C).22400/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.21320-2020&connected cases 4

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942

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WP(C).No.22400 OF 2020(Y)

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PETITIONER/S:

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1 V. SREEKUMARAN ERADI, AGED 52 YEARS, DEVI APARTMENT, D-14, MINI BYPASS ROAD, PUTHIYARA, CALICUT, PIN-673 004.

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2 T.K.MUHAMMED KOYA, TIMBER AND BAMBOO MERCHANT, EAST KALLAYI, CALICUT, PIN-673 004.

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3 O.SHARRIF,

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TIMBER AND BAMBOO MERCHANT, EAST KALLAYI, CALICUT, PIN-673 004

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4 HARIDAS.M.B., S/O. M.BALAN, MUKKANNIYIL THAZHE POKKOALATH, KOMMERI P.O., CALCIUT-673 007.

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BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE-673 001,

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2 COMMISSIONER OF LAND REVENUE, LAND REVENUE COMMISSIONERATE, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, OFFICE BUILDING, MUSEUM, TRIVANDRUM-695 033.

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3 SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, LAND REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

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W.P.(C).No.21320-2020&connected cases 5

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4 TAHSILDAR, LAND REVENUE, CIVIL STATION, KOZHIKODE-673 001.

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5 THE VILLAGE OFFICER, KASABA VILLAGE OFFICE, KOZHIKODE-673 001.

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH WP(C).21320/2020(L), WP(C).21670/2020(G), WP(C).22137/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.21320-2020&connected cases 6

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JUDGMENT

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[ WP(C).21320/2020, WP(C).21670/2020, WP(C).22137/2020, WP(C).22400/2020 ]

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These petitions are filed challenging the initiation of proceedings under the Land Conservancy Act and for a further direction to the 3rd respondent to consider as to whether the petitioners are also eligible for the perpetual lease or such other lease as held so in judgment dated 19.6.2019 in W.P.(C) No. 37333 of 2017. The petitioners contend that they are also similarly situated as persons who enjoyed the benefit of perpetual lease granted by the British Crown for the purpose of running the sawmills which they are conducting even now.

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A statement has been filed by the 4th respondent wherein it is stated that the petitioners are not in possession of any document to substantiate their contention that they are entitled to the benefit of a perpetual lease. According to the 4th respondent, the petitioners and several others have encroached upon large extent of river puramboke. It is further contended that the concept of perpetual lease as claimed by the petitioners on Government land has no relevance pursuant to the coming into force of the Assignment of Land within Municipal and Corporation Areas Rules, 1995. It is contended that in view of Rule 12, every leaseholder is bound to approach the authority and get the lease renewed, which has not been done in the instant case. Finally, it is stated that the Apex Court in a catena of cases have held that there is an overwhelming

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W.P.(C).No.21320-2020&connected cases 7

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need to retain and restore water bodies and further that water bodies are inalienable.

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I have considered the submissions advanced. I find that the very contentions were raised in W.P.(C) No.37333 of 2017 and this Court had issued specific directions to the Government to take a decision on the issue in the light of the directions given in the judgment. It also appears that a learned Single Judge of this Court in W.P.(C) No. 21975 of 2020 had ordered the Government to consider the claim of the petitioner therein, who is similarly placed as the petitioners herein, following the directions given in W.P.(C) No. 37333 of 2017.

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In that view of the matter, I am of the considered opinion that these writ petitions can also be disposed of following the directions given in the judgment dated 19.06.2019 in W.P.(C) No.37333 of 2017.

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Resultantly, these writ petitions are disposed of directing the Government to consider the claim of the petitioners herein in the light of the directions in judgment dated 19.06.2019 in W.P.(C) No.37333 of 2017. Till a decision is taken, status quo shall be maintained as regards the possession of the land.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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W.P.(C).No.21320-2020&connected cases 8

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APPENDIX OF WP(C) 21320/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONERS DT.17/12/1987.

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EXHIBIT P3 TRUE COPY OF THE NOTICE DT.20.12.2019 ISSUED TO THE 1ST PETITIONER AND HIS WIFE U/S.12 OF THE LAND CONSERVANCY ACT DATED 20/12/2019.

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EXHIBIT P5 TRUE COPY OF THE FORM C NOTICE UNDER THE LAND CONSERVANCY ACT TO THE 2ND PETITIONER DATED 16/09/2020.

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RESPONDENT'S/S EXHIBITS:

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NIL

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//TRUE COPY// P.A.TO JUDGE

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W.P.(C).No.21320-2020&connected cases 9

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APPENDIX OF WP(C) 21670/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE DATED 19.06.2019.	JUDGMENT IN WPC 37333/2017
EXHIBIT	P2 TRUE COPY OF THE RECEIPT OF LEASE MILL DATED 22.02.	TAX RECEIPT EVIDENCING TAX IN THE NAME OF BST SAW 1975.
EXHIBIT	P3 TRUE COPY OF THE 20.01.2020 ISSUED KOZHIKODE.	PROPERTY TAX RECEIPT DATED BY THE CORPORATION OF
EXHIBIT	P4 TRUE COPY OF THE FEE DT 02.03.2020 OF KOZHIKODE.	RECEIPT D AND O LICENSE ISSUED BY THE CORPORATION
EXHIBIT	P5 TRUE COPY OF THE PETITIONER FORM C 16.09.2020 OF THE ACT ISSUED BY THE	NOTICE ISSUED TO THE (RULE 11) DATED KERALA LAND CONSERVANCY 4TH RESPONDENT.
EXHIBIT RESPOND	P6 TRUE COPY OF THE DT 24.01.2020. ENT'S/S EXHIBITS:	JUDGMENT IN WPC 1825/2020

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NIL

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//TRUE COPY// P.A.TO JUDGE

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W.P.(C).No.21320-2020&connected cases 10

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APPENDIX OF WP(C) 22137/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 37333/2017 DATED 19.06.2019.

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EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER U/S. 12 OF THE KERALA LAND CONSERVANCY ACT 1975 IN FORM B (RULE 9), DT. 10/12/2019 ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER FORM C (RULE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 24.01.2020 IN WPC 1825/2020

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RESPONDENT'S/S EXHIBITS:

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NIL

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//TRUE COPY// P.A.TO JUDGE

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W.P.(C).No.21320-2020&connected cases 11

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APPENDIX OF WP(C) 22400/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 15.05.2018.
EXHIBIT P2 TRUE COPY OF THE TRADE LICENSE DATED 22.10.2019 IS USED IN THE NAME OF THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE KOZHIKODE CORPORATION TOWARDS RECEIPT OF D & O LICENSE FEE OF THE 3RD PETITIONER DATED 12.03.2020.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC 37333/2017 DATED 19.06.2019.
EXHIBIT P5 THE PROPERTY TAX RECEIPT ISSUED TO THE 1ST PETITIONER DATED 11.09.2020.
EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER FORM C (RUE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED TO THE 3RD PETITIONER FORM C (RUE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED TO THE FATHER OF THE 4TH PETITIONER IN FORM C (RUE 11) DATED 16.09.2020 OF THE KERALA LAND CONSERVANCY ACT ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC 1825/2020 DATED 24.01.2020 RESPONDENT'S/S EXHIBITS:

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NIL

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//TRUE COPY// P.A.TO JUDGE

Palliveettil Abdu Rahiman v. District Collector

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Palliveettil Abdu Rahiman v. District Collector

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