Allowed

Muhammed v. the Sub Divisional Magistrate, Thrissur

Kerala HC7 Oct 2021WP(C)/3356/2011

Case brief

AI extract

What is this about?

The High Court disposed of four connected writ petitions challenging District Collector orders under Section 28 of the Kerala Protection of River Banks and Regulation of Sand Act, 2001. The Court held that confiscation of bullocks cannot be ordered, setting aside those portions of the impugned orders.

What did the court decide?

Orders of confiscation of bullocks are set aside; carts may be released upon fixing value.

Muhammed Vs the Sub Divisional… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 7^TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943

¶5

WP(C) NO. 18593 OF 2010

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PETITIONERS:

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1 SANTHOSH

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	PADINJARAE HOUSE, KANNAMBRA VILLAGE.
2	DASANKUTTY S/O.NARAYANAN
	THOTTAMKUNNATH HOUSE, KUNNAMPULLY DESAM,, PAZHAYANNUR.
3	CHANDRAN S/O.MUTHU MADATHIL HOUSE THOTTUPALAM, KANNAMBRA VILLAGE.
4	DEVADAS S/O.GOPALAN ILLINGAL HOUSE, KALLEPADAM, PAZHAYANNUR.
5	JAYAN S/O.CHANDRAN ERUVATHADATHIL HOUSE, KALLEPADAM, PAZHAYANNUR.
6	BABU S/O.CHAMIAR PUTHUPARAMBIL HOUSE, KUNNAMPULLY DESAM,, PAZHAYANNUR.
7	PRAKASAN S/O.BHAVADAS
	ILLINGAL HOUSE, KALLEPADAM, PAZHAYANNUR.
8	SASI S/O.CHAMIAR PUTHUPARAMBIL HOUSE KUNNAMPULLY DESAM, PAZHAYANNUR.
9	ABDUL KADAR S/O.ISMAIL ALAMKUNNU, KALLEPADAM.
10	NOOR MUHAMMED S/O.SAID MUHAMMAD THENGINKADU, PLANJANPADAM, PUTHUKODE.
11	YOUSEF S/O.IBRAHIM POOTAL HOUSE CHANTHAPURA, PATTOLA DESOM.
12	MUHAMMED KUTTY S/O.KOYAKUTTY PATHANAPURAM HOUSE, KAVASSERY.
13	HAMSA S/O.SAITHAVAN PUTHENPURA HOUSE, ULIKUTHAPADAM,, THEKKEPARA.
14	JALALUDHIN S/O.ABDUL RAHIMAN PALAT HOUSE, KALLEPADAM.
15	MOHANAN S/O.UNNI CHETTIYAR THAZHATH HOUSE, KALLEPADAM, PAZHAYANNUR.
16	CHANDRAN S/O.ERALAPPAN PILLAI NALUPURAKKAL HOUSE, KALLEPADAM, PAZHAYANNUR.
17	RAMESH S/O.SREEDHARAN PALLATH HOUSE, PEZHAMCHIRA, KUTHAMBULLY,, PAZHAYANNUR. BY ADV P.C.SASIDHARAN

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W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, TRICHUR CIVIL STATION, THRISSUR.

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2 S.I.OF POLICE PAZHAYANNUR POLICE STATION, THRISSUR.

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OTHER PRESENT:

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SMT.RASHMI.K.M, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2021, ALONG WITH WP(C).18863/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

¶18

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 7^TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943

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WP(C) NO. 18863 OF 2010

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PETITIONERS:

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1 RAJAN, KILLINIYIL VEEDU, KILINIKADAVU,PAZHAYANNUR,THRISSUR.

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2 SURENDRAN, S/O.MADHAVAN KILINIYIL VEEDU, KULINIKKADAVU, PAZHAYANNUR, THRISSUR.

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3 UNNIRKSIHNAN, S/O.CHIDAMBARAN, THAZAHATHETTIL HOUSE, KUNNATHARA, PAZHAYANNUR. BY ADV P.C.SASIDHARAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION,THRISSUR-680003

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2 SUB INSPECTOR OF OF POLICE, PAZHAYANNUR, CHELAKKARA,THRISSUR DISTRICT-680586 BY ADV.K.M.RASHMI, GOVERNMENT PLEADER

¶31

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2021, ALONG WITH WP(C).18593/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶32

¶33

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

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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 P.V.KUNHIKRISHNAN THURSDAY, THE 7^TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943

¶37

WP(C) NO. 19503 OF 2010

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PETITIONERS:

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1 CHANDRAN

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KANNAMBRAMADATHIL HOUSE,, KANNAMBRA.

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2 SANTHOSH SO.VASU. PADINJARE VEEDU, KALLERI, KANNAMBRA. VIA.

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3 MUHAMMED KUTTY S/O.KOYAKUTTY PATHANAPURAM VEEDU, KAVASSERI.

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4 KANDAMUTHAN S.O VELLAMUTHU MAMBARAMBIL HOUSE, TACHANADI, PUTHUKODE.

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5 KANNAN S/O.NARAYANAN KARAPPARA, PADINJATTUMURI,, KANNAMBRA.

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6 JAYAN S/O.SANKARAN ERUMATHADATHIL VEEDU,, KELLEPADAM, PAZHAYANNUR.

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7 MURALEEDHARAN S/O.MAYAN KARAPPARA, CHATTUVAZHI, KARAPPARA.

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8 K.M.MANIKANTADAN S/O.MADHAVAN KANNAMBRA PUTHENVEETTIL, KANNAMBRA.

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9 DINESH S/O.APPUKUTTAN AYITHAPARAMBIL VEEDU, PUTHUVODE.

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10 ABDUL RAZZAK S/O.USSAMNAR PATHANAPURAM, KAVASSERI.

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11 RAJU S/O.PONNUCHAMI KAVASSERI, PATHANAPURAM.

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12 SAMATH S/O.USSANAR PATHANAPURAM, KAVASSERI.

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13 CHANDRAN S/O.ELLADI PILLAI NALLUPURACKAL HOUSE, KALLEPPADAM,, KUNNAMPULLY ROAD, PAZHAYANNOOR.

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14 BASHEER S/O.YUSUFF THEKKEPPATTA VEEDU,, THEKKEPPATTA, THACHANADI.

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15 RAMESH S/O.SREEDHARAN PALLATHUVEEDU, KALLEPPADAM, KUNNAMPILLI. BY ADV SRI.P.C.SASIDHARAN

¶55

¶56

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR CIVIL STATION, THRISSUR.

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2 S.I.OF POLICE PAZHAYANNUR POLICE STATION, THRISSUR. BY ADV.RASHMI K.M, SR. GOVT. PLEADER

¶60

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2021, ALONG WITH WP(C).18593/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶65

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 7^TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943 WP(C) NO. 3356 OF 2011

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PETITIONERS:

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1 MUHAMMED

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PADINJAREPEEDIKAYIL HOUSE,, SREEPUSHKARAM,

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PANJAL, THRISSUR.

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2 ASHRAF S/O.MOIDEENKUTTY PADINJAREPEEDIKAYIL HOUSE,, SREEPUSHKARAM, PANJAL, THRISSUR.

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3 SIDHIQUE S/O.MUHAMMED PADINJAREPEEDIKAYIL HOUSE,, SREEPUSHKARAM, PANJAL, THRISSUR.

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4 ANSHAD S/O.IBRAHIM PUTHUVEETTIL HOUSE PATHUKUTTY, CHELAKKARA, THRISSUR.

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5 PRATHAPAN S/O.KRISHNAN PLAKKIL HOUSE ECHADY, KILLIMANGALAM.

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6 MOHANAN S/O.MADHAVAN CHERUPARAMBIL HOUSE, ECHADY, KILLIMANGALAM.

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7 VASUDEVAN S/O.MADHAVAN CHERUPARAMBIL HOUSE, ECHADY, KILLIMANGALAM.

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8 YOUSUF S/O.VELLATHAYI PATHUKUDI HOUSE CHELAKKARA, THRISSUR.

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9 BABU S/O.KUNJUKA ANTHIKKAD HOUSE UDUVADI, KILLIMANGALAM.

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10 VAVUTTY S/O.KUNJAPPU PADINJAREPEEDIKAYIL HOUSE,, SREEPUSHKARAM.

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11 KUTTINARAYANAN S/O.PARANGODAN KARATHIODI HOUSE, UDUVADI, KILLIMANGALAM.

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12 MUHAMMED HAMSA S/O.HAMSA CHEMBOTTIL HOUSE, SREEPUSHKARAM.

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13 RADHAKRISHNAN S/O.KUNJUNNI CHAMMUNNIPALATH HOUSE, THONNURKARA,, THRISSUR.

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14 BABU S/O.NARAYANAN ECHADIYIL HOUSE KEEZHILLAM, KILLIMANGALAM.

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15 VIJAYAN UNNI S/O.KRISHNANKUTTY VETTUKATTUKUNDIL HOUSE, ONNAMMILES,, CHERUTHURUTHY.

¶84

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶85

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BY ADVS. SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF

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RESPONDENTS:

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1 THE SUB DIVISIONAL MAGISTRATE, THRISSUR THRISSUR - 680001.

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2 THE DISTRICT COLLECTOR COLLECTORATE THRISSUR - 680001.

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3 THE SUB INSPECTOR OF POLICE CHERUTHURUTHY, THRISSUR – 680001. ADV.RASHMI K.M., SR.GOVT PLEADER

¶91

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2021, ALONG WITH WP(C).18593/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶92

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶93

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).Nos.18593, 18863 & 19503 of 2010 and W.P.(C).No.3356 of 2011

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---------------------------------------------Dated this the 07^th day of October, 2021

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JUDGMENT

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These writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment. Since all these cases are connected, I will narrate the facts in W.P. (C). No.19503 of 2010.

¶99

The S.I. of Police, Pazhayannur intercepted bullock carts of the petitioners on 05.08.2009 on the allegation that it is used for unauthorised transportation of river sand and the carts were seized and kept under custody in police station compound. Thereafter a notice was issued by the District Collector directing the petitioners to appear for hearing. Similar notices were issued to the other petitioners in the other writ petitions also. The petitioners were directed to produce the pass issued by the competent authority and also records relating to the alleged unauthorised transportation of river sand. In so far as the bullock carts are concerned, no

¶100

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W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶102

pass for transporting the sand is issued by the Panchayat or revenue authorities is the submission of the petitioners. It is the case of the petitioners that they are not transporting the river sand as well. It is stated in the writ petition that the local property owners residing on the banks of the thodu are collecting the sand and it is being sold to needy persons and they engage the petitioners for transporting the same to the place of work. But, the District Collector issued an order invoking the powers under Section 28 of the Kerala Protection of River Banks and Regulation of Sand Act, 2001, ordering to pay a fine of Rs.10,000/- each, being the value of cart and bullocks failing which the cart and bullocks will be auctioned. The said order is impugned in this writ petition. In all other writ petitions also similar orders are impugned.

¶103

Today, when this writ petition came up for consideration, the counsel for the petitioners reiterated their contentions in the writ petition. The counsel also submitted that the respondents cannot confiscate the bullocks by auctioning and they are aggrieved by the same. The counsel also added that the bullocks were already released to the petitioners, but the order remains. The Government Pleader

¶104

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶105

¶106

submitted that a detailed counter affidavit is filed and there is nothing to interfere with the impugned orders.

¶107

A similar case was disposed by this Court earlier in W.P.(C).No.22107 of 2009. It will be better to extract that judgment:

¶108

“The petitioners, challenging an order passed by the District Collector to confiscate bullock carts along with bullocks, approached this Court. In the lieu of confiscation, the petitioners were directed to pay Rs.30,000/- each. This order was passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

¶109

Having considered the facts and circumstances, I do not find any scope for interfering with the above order. However, I find that the District Collector cannot order confiscation of bullocks along with carts. The District Collector can order only confiscation of the carts. Therefore, the order of confiscation of Bullocks is set aside. The District Collector can release the carts to the petitioner after fixing its value, if the carts have not been disposed of so far.

¶110

The writ petition is disposed of with the above observation.”

¶111

In the light of the above judgment, I think similar order can be passed in these cases also.

¶112

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶113

¶114

Therefore, these writ petitions are allowed by setting

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aside the order of confiscation of the bullocks.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

¶118

¶119

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶120

¶121

APPENDIX OF WP(C) 18593/2010

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PETITIONER EXHIBITS

¶123

Exhibit P1 TRUE COPY OF THE NOTICE OF HEARING ISSUED BY THE DISTRICT COLLECTOR TO THE 1ST PETITIONER DATED 7.5.2010 Exhibit P2 TRUE COPY OF THE COMMON ORDER ISSUED BY THE DISTRICT COLLECTOR DATED 6.2010 Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN WPC NO 22107 OF 2009

¶124

¶125

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶126

APPENDIX OF WP(C) 18863/2010

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PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE ISSUED BY THE DI THE 1ST PETITION	NOTICE OF HEARING STRICT COLLECTOR TO ER DATED 7.5.2010.
Exhibit	P2	TRUE COPY OF THE DISTRICT COLLECT THE 1ST PETITION	ORDER ISSUED BY THE OR DATED 05.2010 TO ER.
Exhibit	P3	TRUE COPY OF THE DISTRICT COLLECT THE 2ND PETITION	ORDER ISSUED BY THE OR DATED -05.2010 TO ER.
Exhibit	P4	TRUE COPY OF THE DISTRICT COLLECT THE 3RD PETITION	ORDER ISSUED BY THE OR DATED -.05.2010 TO ER.
Exhibit	P5	TRUE COPY OF THE W.P.C NO. 22107	INTERIM ORDER IN OF 2009.

¶128

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶129

¶130

¶131

PETITIO Exhibit	NER EXHI P1	BITS TRUE COPY OF THE NOTICE OF HEARING ISSUED BY THE DISTRICT COLLECTOR TO THE 1ST PETITIONER DATED 07.05.2010.
Exhibit	P2	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 1ST PETITIONER .
Exhibit	P3	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 2ND PETITIONER .
Exhibit	P4	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 3RD PETITIONER .
Exhibit	P5	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 4TH PETITIONER .
Exhibit	P6	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 5TH PETITIONER .
Exhibit	P7	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 6TH PETITIONER .
Exhibit	P8	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 7TH PETITIONER .
Exhibit	P9	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 8TH PETITIONER .
Exhibit	P10	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 9TH PETITIONER .
Exhibit	P11	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 10TH PETITIONER .
Exhibit	P12	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 11TH PETITIONER .
Exhibit	P13	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED - .05.2010 TO THE 12TH PETITIONER .

¶132

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶133

¶134

Exhibit P14	TRUE COPY OF	THE ORDER ISSUED BY THE
	DISTRICT COLL THE 13TH PETI	ECTOR DATED - .05.2010 TO TIONER .
Exhibit P15	TRUE COPY OF	THE ORDER ISSUED BY THE
	DISTRICT COLL THE 14TH PETI	ECTOR DATED - .05.2010 TO TIONER .
Exhibit P16	TRUE COPY OF	THE ORDER ISSUED BY THE
	DISTRICT COLL	ECTOR DATED - .05.2010 TO
	THE 15TH PETI	TIONER .
Exhibit P17	TRUE COPY OF	THE INTERIM ORDER IN W.P.
	(C) NO.22107	OF 2009.

¶135

W.P.(C).18593,18863&19503 of 2010 &wpc 3356 of 2011

¶136

¶137

APPENDIX OF WP(C) 3356/2011

¶138

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 04-12-2010 Exhibit P2 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DATED 14-01-2011 Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO. 10593 OF 2010

Muhammed v. the Sub Divisional Magistrate, Thrissur

Case brief

What is this about?

What did the court decide?

Muhammed v. the Sub Divisional Magistrate, Thrissur

Case brief

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What did the court decide?

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