Partly allowed

Jacob Thomas v. State of Kerala

Kerala HC19 Oct 2022WP(C)/14123/2021

Case brief

AI extract

What is this about?

Writ petitions challenging eviction notices issued for alleged encroachments on Thiruvabharana Patha. The court set aside notices issued without the survey register (mahazar), directed the authorities to issue fresh notices with the mahazar copy, and fixed a timeline to complete the eviction process according to law.

What did the court decide?

Impugned notices set aside. Direction to issue fresh notices with mahazar. Time-bound direction for completion of survey and eviction.

Jacob Thomas Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2022)

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WP.(C)No.14342 of 2019 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

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WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/ 27TH ASWINA, 1944
WP(C) NO. 14342 OF 2019

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PETITIONER/S:

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1 THIRUVABHARANA PATHA SAMRAKSHANA SAMITHY
REGISTERED VIDE NO.PTM/TC/33/2018, HAVING
REGISTERED OFFICE AT KUZHIKKALA BUILDING,
MANDIRAM P.O., RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY, PRASAD. K.R. @ PRASAD
KUZHIKKALA, S/O RAGHAVAN NAIR, AGED 52 YEARS,
RESIDING AT KUZHIKKALAYIL, MANDIRAM P.O., RANNI,
PATHANAMTHITTA-689 672.

¶8

BY ADVS.
C.D.ANIL
ARUN.B.VARGHESE
SRI.ABDULLA ZIYAD
KUM. K. REMIYA RAMACHANDRAN

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RESPONDENT/S:

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1 THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003.

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2 STATE OF KERALA REPRESENTED THROUGH THE CHIEF SECRETARY,SECRETARIATE, THIRUVANANTHAPURAM-695 001.

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3 PANTHALAM PALACE MANAGING COMMITTEE PANTHALAM PALACE REPRESENTED THROUGH ITS SECRETARY, SAMBRICKAL PALACE, PANTHALAM P.O., PATHANAMTHITTA-689645.

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4 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, PATHANAMTHITTA-689 645.

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WP.(C)No.14342 of 2019 & con.cases

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5 DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA-689 645.

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6 THE DIRECTOR DIRECTORATE OF SURVEY AND LAND RECORDS, SURVEY BHAVAN, COTTON HILL ROAD, COTTON HILL, VAZHUTHACADU, THIRUVANANTHAPURAM-695 014.

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7 THE DISTRICT SURVEY SUPERINTENDENT DISTRICT SURVEY SUPERINTENDENTS OFFICE, 4TH FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA689 645.

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8 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, THIRUVALLA-689 101.

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9 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFIFCE, ADOOR-691 523.

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10 DEPUTY COLLECTOR (LR) OFFICE OF THE DEPUTY COLLECTOR, LAND RECORDS, PATHANAMTHITTA-689 645.

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11 TAHSILDAR KOZHENCHERRY, KOZHENCHERRY TALUK, PATHANAMTHITTA-689 650.

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12 TAHSILDAR RANNI TALUK, PATHANAMTHITTA-689 672.

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13 THE PANCHAYAT DEPUTY DIRECTOR OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, PATHANAMTHITTA-689 645.

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14 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FOREST HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695 014.

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15 THE DIVISIONAL FOREST OFFICER RANNI-689 672.

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16 THE DIVISIONAL FOREST OFFICER PERIYAR TIGER RESERVE, PEERMADE, IDUKKI-685 531.

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WP.(C)No.14342 of 2019 & con.cases

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17 ADDL.R17.V.S.BINDHUKUMAR, AGED 53 YEARS S/O.K.N.VASAVAN, SADHANANDHAPURATHU HOUSE, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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18 ADDL.R18. GOMATHI, AGED 77 YEARS D/O.KALYANI, ANJANA VILLA, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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19 ADDL. R19. P.S.JAYACHANDRAN, AGED 77 YEARS S/O. PANKAJAKSHI, POZHUNILKUNNATHIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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20 ADDL.R20. P.K. BALAN, AGED 83 YEARS S/O.GOVINDAN, VILAPPIL PUTHEN VEEDU, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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21 ADDL.R21. BALACHANDRAN M.K., AGED 77 YEARS S/O.KUNJUKUNJU, REKHA BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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22 ADDL.R22. MONACHAN, AGED 57 YEARS S/O.DANIEL, NEDIYANAKUZHIYIL, SHIJU BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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23 ADDL.R23. ROY VARGHESE, AGED 66 YEARS S/O.ZAKARIA, KUDOTICKAL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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24 ADDL. R24. VIJI, AGED 46 YEARS W/O RAVINDRAN, KATTUSHERIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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25 ADDL.R25. SHAJI K.K., AGED 53 YEARS S/O.K.G.KUNJUKUNJU, KOCHUMELETHIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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26 ADDL.R26. SINU SOMAN, AGED 41 YEARS S/O. P.K.SOMAN, SINU BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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27 ADDL.R27. INDIRA BAI C.N., AGED 71 YEARS D/O. RAJAMMA, VILAPARAMBIL HOUSE, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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28 ADDL.R28. RAJU DANIEL, AGED 62 YEARS S/O. DANIEL, SIJU BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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WP.(C)No.14342 of 2019 & con.cases

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29 ADDL. 29. SOMAN PILLAI, AGED 60 YEARS S/O.BHASKARAN PILLAI, LAKSHMIVILASOM, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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30 ADDL.30.P.V.MATHEW, S/O.VARGHESE, AGED 65 YEARS, PUTHENPARAMBIL HOUSE, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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31 ADDL.R31. K.K.VARGHESE, AGED 61 YEARS S/O.KORUTH, KUDUVETTICKALKIZHAKKETHIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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32 ADDL.R32. RAJU GEORGE, AGED 51 YEARS S/O.GEORGE, NEEROLPINKAL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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33 ADDL.R33. P.V.VARGHESE, AGED 71 YEARS S/O.VARGHESE, PUTHENPARAMBIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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34 ADDL.R34. GOPALAKRISHNA PILLAI, AGED 56 YEARS S/O.BHASKARAN PILLAI, HARIHARAVILASOM, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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35 ADDL.R35. SHYJU K., AGED 44 YEARS S/O.KOSHY, KARIYARAPADINJATTETHIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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36 ADDL.R36, EAPEN PHILIPOSE, AGED 63 YEARS S/O.PHILIPOSE, KUDUVETTIKKAL KIZHAKKECHARIVIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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37 ADDL.R37. SHIJU PHILIP, AGED 39 YEARS S/O.EAPENPHILIPOSE, KUDUVETTIKKALKIZHAKKECHARIVIL, ULLANNUR, KULANADA, PATHANAMTHITTA 689503.

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THE ADDL. RESPONDENTS NOS. 17 TO 37 IMPLEADED
AS PER THE ORDER DATED 13.10.2021 IN
I.A.01/2021 IN WP(C) 14342/2019

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BY ADVS.

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SRI.S.RAJMOHAN, GOVERNMENT PLEADER
ARUN.B.VARGHESE

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SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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OTHER PRESENT:

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WP.(C)No.14342 of 2019 & con.cases

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI
NAGARAJ NARAYAN- SPL GOVERNMENT PLEADER
(FOREST), SRI G.BIJU -STANDING COUNSEL -
TRAVANCORE DEVASWOM BOARD ; SRI A.S.P KURUP-
ADVOCATE COMMISSIONER

¶61

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).11774/2021, 12273/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP.(C)No.14342 of 2019 & con.cases

¶64

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶65

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶66

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 11774 OF 2021

¶67

PETITIONER/S:

¶68

N.S.S. KARAYOGAM NO.825 KOZHENCHERRY
N.S.S. KARAYOGAM NO.825 KOZHENCHERRY
KARAYOGAMANDIRAM, PAAMPAADIMON, KOZHENCHERRY
POST-689 641, KOZHENCHERRY VILLAGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT. REPRESENTED BY
ITS PRESIDENT K.G.DEVARAJAN NAIR,
S/O.V.N.PARAMESHWARAN PILLAI, AGED 78 YEARS,
RAJASREE VILLA, THEKKEMALA POST-689 654,
KOZHENCHERRY VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT.

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BY ADVS.
O.RAMACHANDRAN NAMBIAR
GEEN T.MATHEW

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RESPONDENT/S:

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1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF PUBLIC
WORKS MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM G.P.O-695 001,
THIRUVANANTHAPURAM DISTRICT.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA POST-689 645, PATHANAMTHITTA DISTRICT.

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3 THE CHIEF ENGINEER (ROADS),
OFFICE OF THE CHIEF ENGINEER (ROADS), DEPARTMENT
OF PUBLIC WORKS, PUBLIC OFFICE BUILDING, PUBLIC
OFFICE THIRUVANANTHAPURAM POST-695 033,
THIRUVANANTHAPURAM DISTRICT.

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4 THE DISTRICT SURVEY SUPERINTENDENT, OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, DEPARTMENT OF SURVEY AND LAND RECORDS, COLLECTORATE, PATHANAMTHITTA POST-689 645, PATHANAMTHITTA DISTRICT.

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WP.(C)No.14342 of 2019 & con.cases

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5 THE ASSISTANT ENGINEER (ROADS), OFFICE OF THE ASSISTANT ENGINEER (ROADS), DEPARTMENT OF PUBLIC WORKS, DEPARTMENT OF PUBLIC WORKS ROADS SECTION, KOZHENCHERRY POST-689 641, PATHANAMTHITTA DISTRICT.

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6 THE TAHSILDAR (LAND RECORDS), OFFICE OF THE KOZHENCHERRY TALUK TAHSILDAR (LAND RECORDS), DEPARTMENT OF REVENUE, MINI CIVIL STATION, PATHANAMTHITTA POST-689 645, PATHANAMTHITTA DISTRICT.

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7 THE VILLAGE OFFICER, KOZHENCHERRY VILLAGE OFFICE, KOZHENCHERRY POST689 641, PATHANAMTHITTA DISTRICT.

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8 ADDL R8 THE TRAVANCORE DEVASWOM BOARD NANTHANCODE, KOWDIAR POST-695 003, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY,. ADDL.R8 IS IMPLEADED AS PER ORDER DATED 12/7/2021 IN I.A.1/2021 IN WP(C)11774/2021.

¶81

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE
DEVASWOM BOARD

¶82

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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¶84

WP.(C)No.14342 of 2019 & con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶86

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

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WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 12273OF 2021

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PETITIONER/S:

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LEELAMONY M.P, AGED 58 YEARS
D/O PONNAMMA, MATHIKODICKAL,
PUTHENVEEDU, EDASERIMALA,
EDAYARANMULA WEST P.O, ARANMULA,
KOZHENCHERRY TALUK-689532.

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BY ADVS.
ARUN.B.VARGHESE
AISWARYA V.S.

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RESPONDENT/S:

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1 ARANMULA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, OFFICE OF THE ARANMULA GRAMA PANCHAYATH, ARANMULA, EDAYARANMULA WEST P.O, PATHANAMTHITTA DISTRICT-689532.

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2 THE SECRETARY ARANMULA GRAMA PANCHAYATH, OFFICE OF THE ARANMULA GRAMA PANCHAYATH, ARANMULA, EDAYARANMULA WEST P.O, PATHANAMTHITTA DISTRICT-689532.

¶94

3 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTORATE, PATHANAMTHITTA-689645.

¶95

4 ADDL.R4. THE TRAVANCORE DEVASWOM BOARD NANTHANCODE, KOWDIAR POST-695 003, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY,

¶96

ADDL.R4 IS IMPLEADED AS PER ORDER DATED
19.10.2022 IN I.A.NO.2 OF 2021.

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BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

¶98

¶99

WP.(C)No.14342 of 2019 & con.cases

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A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH

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SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;

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SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM

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BOARD

¶104

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶105

¶106

WP.(C)No.14342 of 2019 & con.cases

¶107

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶108

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶109

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 12464 OF 2021

¶110

PETITIONER/S:

¶111

ANANDHAKRISHNAN POTTY, AGED 68 YEARS
S/O.NARAYANAN POTTY, KRISHNA BHAVANAM
(PRANAVAM), KAIPUZHAMURI, KULANADA VILLAGE,
PATHANAMTHITTA DISTRICT 689 503

¶112

BY ADVS.
C.R.REGHUNATHAN
B.HARRYLAL

¶113

RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, PATHANAMTHITTA CIVIL STATION, PATHANAMTHITTA 689 645

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2 TAHASILDAR, KOZENCHERRY TALUK OFFICE, MINI CIVIL STATION, PATHANAMTHITTA 689 645

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3 VILLAGE OFFICER KULANADA VILLAGE, KULANADA P.O., PATHANAMTHITTA 689 503

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4 KULANADA GRAMA PANCHAYATH REP. BY ITS SECRETARY, KULANADA P.O., PATHANAMTHITTA 689 503

¶118

5 ADDLR5. THE TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM-695 003. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 13-102021 IN IA 1/2021.

¶119

BY ADVS.

¶120

G.SANTHOSH KUMAR (P).

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WP.(C)No.14342 of 2019 & con.cases

¶123

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶124

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶125

¶126

WP.(C)No.14342 of 2019 & con.cases

¶127

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶128

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶129

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶130

WP(C) NO. 13484 OF 2021

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PETITIONER/S:

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1 V.S.BINDUKUMAR, AGED 53 YEARS S/O. K. N. VASAVAN, SADHANANDHA PURATHU HOUSE, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶133

2 GOMATHI, AGED 77 YEARS D/O. KALYANI, ANJANA VILLA, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶134

3 P. S. JAYACHANDRAN, AGED 77 YEARS S/O. PANKAJAKSHI, POZHUNILKUNNATHIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶135

4 P. K. BALAN, AGED 83 YEARS S/O. GOVINDAN, VILAPPIL PUTHEN VEEDU, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶136

5 BALACHANDRAN M. K., AGED 77 YEARS S/O. KUNJUKUNJU, REKHA BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶137

6 MONACHAN, AGED 57 YEARS S/O. DANIEL, NEDIYANAKUZHIYIL, SHIJU BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶138

7 ROY VARGHESE, AGED 66 YEARS S/O. ZAKARIA, KUDOTICKAL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶139

8 VIJI, AGED 46 YEARS W/O. RAVINDRAN, KATTUSHERIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶140

9 SHAJI K. K., AGED 53 YEARS S/O. K. G. KUNJUKUNJU, KOCHUMELETHIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶141

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WP.(C)No.14342 of 2019 & con.cases

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10 SINU SOMAN, AGED 41 YEARS S/O. P. K. SOMAN, SINU BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶144

11 INDIRA BAI CN, AGED 71 YEARS D/O. RAJAMMA, VILAPARAMBIL HOUSE, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶145

12 RAJU DANIEL, AGED 62 YEARS S/O. DANIEL, SIJU BHAVAN, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶146

13 SOMAN PILLAI, AGED 60 YEARS S/O. BHASKARAN PILLAI, LAKSHMIVILASOM, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶147

14 P. V. MATHEW, AGED 65 YEARS S/O. VARGHESE, PUTHENPARAMBIL HOUSE, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶148

15 K. K. VARGHESE, AGED 61 YEARS S/O. KORUTH, KUDUVETTICKAL KIZHAKKETHIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶149

16 RAJU GEORGE, AGED 51 YEARS S/O. GEORGE, NEEROLPINKAL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶150

17 P. V. VRGHESE, AGED 71 YEARS S/O. VARGHESE, PUTHENPARAMBIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶151

18 GOPALAKRISHNA PILLAI, AGED 56 YEARS S/O. BHASKARAN PILLAI, HARIHARAVILASOM, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶152

19 SHYJU K., AGED 44 YEARS S/O. KOSHY, KARIYARA PADINJATTETHIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶153

20 EAPENPHILIPOSE, AGED 63 YEARS S/O. PHILIPOSE, KUDUVETTIKKAL KIZHAKKECHARIVIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶154

21 SHIJU PHILIP, AGED 39 YEARS S/O. EAPENPHILIPOSE, KUDUVETTIKKAL KIZHAKKECHARIVIL, ULLANNUR, KULANADA, PATHANAMTHITTA - 689503.

¶155

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WP.(C)No.14342 of 2019 & con.cases

¶157

BY ADVS.
S.SREEKUMAR (SR.)
AISWARYA V.S.
ARUN.B.VARGHESE

¶158

RESPONDENT/S:

¶159

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶160

2 THE SECRETARY DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶161

3 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

¶162

4 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA - 689647.

¶163

5 THE VILLAGE OFFICER VILLAGE OFFICE, KULANADA, PATHANAMTHITTA DISTRICT - 689503.

¶164

6 MEZHUVELI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. ELAVUMTHITTA P. O., PATHANAMTHITTA DISTRICT - 689 625.

¶165

7 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR - 691523.

¶166

8 THIRUVABHARANA PATHA SAMRAKSHANA SAMITHI (PTM/TC/33/2018)

¶167

HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING,
MANDIRAM P. O., RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY PRASAD K. R. @ PRASAD
KUZHIKALA, S/O. RAGHAVAN NAIR, RESIDING AT
KUZHIKALAYIL, MANDIRAM P. O., RANNI,
PATHANAMTHITTA - 689672.

¶168

¶169

WP.(C)No.14342 of 2019 & con.cases

¶170

9 KULANADA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KULANADA P. O., PATHANAMTHITTA DISTRICT - 689503.

¶171

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ; SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD

¶172

 SRI.C.D.ANIL FOR R8

¶173

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶174

¶175

WP.(C)No.14342 of 2019 & con.cases

¶176

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶177

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶178

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 14122 OF 2021

¶179

PETITIONER/S:

¶180

T.K.RATHNAMMA, AGED 78 YEARS
W/O. T.K. BHARATHAN NAIR, PAMPADIMANNIL (H),
KOZHENCHERRY MURI P.O. AND VILLAGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT-689 641

¶181

BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR

¶182

RESPONDENT/S:

¶183

1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶184

2 THE GOVERNMENT SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶185

3 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 003

¶186

4 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-689 645

¶187

5 THE VILLAGE OFFICER, VILLAGE OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

¶188

¶189

WP.(C)No.14342 of 2019 & con.cases

¶190

6 THE KOZHENCHERRY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOZHENCHERRY P.O, PATHANAMTHITTA DISTRICT-689 641

¶191

7 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA -691 523

¶192

8 THE ASSISTANT ENGINEER (ROADS), OFFICE OF THE ASSISTANT ENGINEER (ROADS), PWD, KOZHENCHERRY, PATHANAMTHITTA-689 641

¶193

9 THE THIRUVABHARANAPATHA SAMRAKSHANA SAMITHI,
(PTM/TC/33/2018),
HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING,
MANDIRAM P.O, RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY PRASAD K.R. @ PRASAD
KUZHIKALA, S/O. RAGHAVAN NAIR, RESIDING AT
KUZHIKALAYIL, MANDIRAM P.O, RANNI,
PATHANAMTHITTA-689 672

¶194

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶195

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶196

¶197

WP.(C)No.14342 of 2019 & con.cases

¶198

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶199

PRESENT

¶200

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶201

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶202

WP(C) NO. 14123OF 2021

¶203

PETITIONER/S:

¶204

1 JACOB THOMAS, AGED 72 YEARS S/O. M.A. THOMAS, MULAMOOTTIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 645

¶205

2 DR. ASHLEY THOMAS JACOB, AGED 46 YEARS S/O. JACOB THOMAS, MULAMOOTTIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

¶206

BY ADVS.
S.SREEKUMAR (SR.)
ARUN.B.VARGHESE
AISWARYA V.S.

¶207

RESPONDENT/S:

¶208

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶209

2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 003

¶210

3 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA-689 647

¶211

4 THE VILLAGE OFFICER, VILLAGE OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

¶212

¶213

WP.(C)No.14342 of 2019 & con.cases

¶214

5 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR 691 523.

¶215

6 KOZHENCHERRY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

¶216

7 THE SECRETARY, KOZHENCHERRY GRAMA PANCHAYATH, KOZHENCHEERY, PATHANAMTHITTA DISTRICT-689 641

¶217

8 THIRUVABHARANA PATHA SAMRAKSHANA SAMITHI
(PTM/TC/33/2018)
HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING,
MANDIRAM P.O, RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY PRASAD K.R @ PRASAD KUZHIKALA,
S/O. RAGHAVAN NAIR, RESIDING AT KUZHIKALAYIL,
MANDIRAM P.O, RANNI, PATHANAMTHITTA-689 672.

¶218

9 THE THASILDAR (LAND RECORDS), TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT -689 641

¶219

BY ADVS.
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
K.SHAJ
C.D.ANIL for R8
N.S.SOUMYA MOL

¶220

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD

¶221

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶222

¶223

WP.(C)No.14342 of 2019 & con.cases

¶224

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶225

PRESENT

¶226

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

¶227

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶228

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶229

WP(C) NO.14264 OF 2021

¶230

PETITIONER/S:

¶231

1 G.ANILKUMAR
AGED 44 YEARS
S/O.LATE GOPALAKRISHNAN, ANIL BHAVAN,
KOZHENCHERRY MURI, P.O. AND VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT -
689 641.

¶232

2 SARITHA

¶233

AGED 42 YEARS

¶234

W/O.G.ANILKUMAR, ANIL BHAVAN, KOZHENCHERRY MURI,
P.O. AND VILLAGE, KOZHENCHERY TALUK,
PATHANAMTHITTA DISTRICT - 689 641.

¶235

BY ADV MANU RAMACHANDRAN

¶236

RESPONDENT/S:

¶237

1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶238

2 THE GOVERNMENT SECRETARY DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶239

3 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM - 695003.

¶240

4 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT - 689 645.

¶241

¶242

WP.(C)No.14342 of 2019 & con.cases

¶243

5 THE VILLAGE OFFICER VILLAGE OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT - 689 641.

¶244

6 THE KOZHENCHERRY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT - 689 641.

¶245

7 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA - 691 523.

¶246

8 THE THIRUVABHARANA PATHA SAMRAKSHANA SAMITHI
(PTM/TC/33/2018)
HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING,
MANDIRAM P.O., RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY PRASAD K.R. @ PRASAD
KUZHIKALA, S/O.RAGHAVAN NAIR, RESIDING AT
KUZHIKALAYIL, MANDIRAM P.O., RANNI,
PATHANAMTHITTA - 689 672.

¶247

BY ADVS.
K.SHAJ
Anil C. D.FOR R8
JOHN CHERIAN
D.ANIL KUMAR(k/000257/1990)

¶248

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶249

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶250

¶251

WP.(C)No.14342 of 2019 & con.cases

¶252

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶253

PRESENT

¶254

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶255

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶256

WP(C) NO. 14353OF 2021

¶257

PETITIONER/S:

¶258

1 CHANDRAN NAIR
AGED 65 YEARS
S/O.PAREMESWARAN PILLAI, LAKSHMI VILASAM,
NALKALIKKAL, KIDANGANOOR, ARANMULA, PIN-689 533.

¶259

2 N. C.ABRAHAM, AGED 61 YEARS S/O.CHACKO ZACHARIAH, NAKRAPURATHU HOUSE, NALKALIKKAL, KIDANGANOOR, ARANMULA, PIN-689 533.

¶260

3 ARUN KUMAR, AGED 41 YEARS

¶261

S./O.RAVEENDRAN NAIR, AYKKANADATHU, NALKALIKKAL,
KIDANGANOOR, ARANMULA, PIN-689 533.

¶262

4 GOPAKUMARAN NAIR, AGED 49 YEARS

¶263

S/O.SIDHARTHAN NAIR, AYKKANADATHU, NALKALIKKAL,
KIDANGANOOR, ARANMULA, PIN-689 533.

¶264

5 KISHOR KUMAR PILLAI @ KISHOR KUMAR S., AGED 40 YEARS

¶265

S/O.SADASIVAN PILLAI, PUTHENPURACKAL THEKKETHIL,
EDASSERIMALA, ARANMULA, PIN-689 533.

¶266

BY ADVS.

¶267

JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.

¶268

RESPONDENT/S:

¶269

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶270

¶271

WP.(C)No.14342 of 2019 & con.cases

¶272

2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM, PIN-695 003.

¶273

3 DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA, PIN-689 645.

¶274

4 REVENUE DIVISIONAL OFFICER (RDO), REVENUE DIVISIONAL OFFICE, M.G.ROAD, ADOOR, PIN691 523.

¶275

5 THASILDAR (LR), KOZHENCHERRY TALUK OFFICE, MINI CIVIL STATION, PATHANAMTHITTA, PIN-689 645.

¶276

6 VILLAGE OFFICER, VILLAGE OFFICE, ARANMULA, PIN-689 533.

¶277

7 EXECUTIVE ENGINEER, PWD(ROADS), OFFICE OF EXECUTIVE ENGINEER, PATHANAMTHITTA, PIN-689 645.

¶278

8 ASSISTANT ENGINEER, PWD (ROADS SECTION), OFFICE OF ASSISTANT ENGINEER, KOZHENCHERRY, PIN-689 641.

¶279

9 DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE ROAD, PATHANAMTHITTA, PIN-689 645.

¶280

10 THIRUVABHARANA PATHA SAMRAKSHANA SAMITHY, REP. BY ITS GENERAL SECRETARY, KUZHIKKALA BUILDING, MANDIRAM P.O., RANNI, PIN-689 672.

¶281

BY ADVS.
C.D.ANIL FOR R10
N.S.SOUMYA MOL

¶282

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶283

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶284

¶285

WP.(C)No.14342 of 2019 & con.cases

¶286

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶287

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶288

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶289

WP(C) NO. 14577OF 2021

¶290

PETITIONER/S:

¶291

1 LATHA S.KUMAR, AGED 52 YEARS D/O. INDIRAMMA, IKKARAMALA MODIYIL, KISHNAKRIPA, EDASSERMALA, ARAMULA P.O. 689 533.

¶292

2 INDIRAMMA, AGED 73 YEARS D/O. DEVAKIAMMA, IKKARAMALA MODIYIL, PUTHEN VEETTIL, EDASSERMALA, ARAMULA P.O. 689533

¶293

3 GEETHULAKSHMI, AGED 30 YEARS W/O. K. AJAYAKUMAR, KOORIKKATTIL, IKKARAMALA MODIYIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶294

4 BABURAJ.S., AGED 54 YEARS S/O. SUKUMARAN NAIR, KARAKONATHU HOUSE, EDASSERIMALA, ARANMULA P.O. 689 533.

¶295

5 OMANAYAMMA, AGED 54 YEARS D/O. SARASWATHIAMMA,IKKARAMALA MODIYIL, PUTHEN VEEDU,EDASSERIMALA, ARANMULA P.O. 689533

¶296

6 K R LEKHA, AGED 48 YEARS W/O. GOPAN. P R., NEDIYAKALAYIL, KADAKKETHMALAYIL,EDASSERIMALA, ARANMULA P.O.689533

¶297

7 N.S. UDAYAKUMAR, AGED 54 YEARS S/O. SREEDHARAN, IKKARAMALA MELETHIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶298

8 M.P. MATHEW, AGED 75 YEARS S/O.M.M. PHILIP, MULAKKUMALAYIL VEEDU, EDASSERIMALA, ARANMULA P.O. 689 533.

¶299

9 VINOD BABU, AGED 46 YEARS S/O. LASER, IKKARAMALA MELETHIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶300

¶301

WP.(C)No.14342 of 2019 & con.cases

¶302

10 SARAMMA SIMON, AGED 46 YEARS W/O. SIMON DAVID, VALIYAMELETHIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶303

11 C G RAJENDRAN PILLAI, AGED 69 YEARS S/O. GOPINATHAN PILLAI, CHINCHU BHAVAN, IKKARAMALA MODIYIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶304

12 BHAVANI AMMA, AGED 73 YEARS W/O. P N PARAMESWARAN NAIR, KAIPPALLIMEPRATH VEEDU, EDASSERIMALA, ARANMULA P.O. 689 533.

¶305

13 K.G. UHSHA KUMARI, AGED 61 YEARS W/O. PARAMESWARAN NAIR, IKKARAMALA MODIYIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶306

14 RAJI UNNIKRISHNAN, AGED 45 YEARS W/O. UNNIKRISHNAN NAIR, ANANDASADANAM, KAIPALLIMEPUATHU EDASSERIMALA, ARANMULA P.O. 689 533.

¶307

15 SHERLY MATHAI, AGED 53 YEARS D/O. B M MATHAI, MEMANA HOUSE ELANTHOOR P.O. PATHANAMTHITTA DISTRICT 689 643.

¶308

16 K.V. CHACKO, AGED 74 YEARS S/O. VARGHESE, PUMKIZHAMANNIL, EDASSERIMALA, ARANMULA P.O. 689 533.

¶309

BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.

¶310

RESPONDENT/S:

¶311

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶312

2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCORE, THIRUVANANTHAPURAM 695 003.

¶313

¶314

WP.(C)No.14342 of 2019 & con.cases

¶315

3 DISTRICT COLLECTOR, PATHANAMTHITTA CIVIL STATION, PATHANAMTHITTA 689 645.

¶316

4 REVENUE DIVISIONAL OFFICER, (RDO) REVENUE DIVISIONAL OFFICE, MG. ROAD, ADOOR 691 523.

¶317

5 THASILDAR (LR), KOZHENCHERRY TALUK OFFICE, MINI CIVIL STATION, PATHANAMTHITTA 689 645.

¶318

6 THE VILLAGE OFFICER, VILLAGE OFFICE, ARANMULA 689 533.

¶319

7 ARANMULA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, EDAYARANMULA WEST P.O. ARANMULA, PATHANAMTHITTA, 689 532.

¶320

8 SECRETARY, ARANMULA GRAMA PANCHAYATH, EDAYARANMULA WEST P.O. ARANMULA, PATHANAMTHITTA 689 532.

¶321

9 DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE ROAD, PATHANAMTITTA 689 645.

¶322

10 THIRUVABHARANA PATHA SAMRAKSHANA SAMITHY, REP. BY ITS GENERAL SECRETARY, KUZHIKKALA BUILDING, MANDIRAM P.O. RANNI 689 672.

¶323

BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
C.D.ANIL FOR R10
N.S.SOUMYA MOL
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH

¶324

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;

¶325

SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶326

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶327

¶328

WP.(C)No.14342 of 2019 & con.cases

¶329

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶330

PRESENT

¶331

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶332

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶333

WP(C) NO. 14800OF 2021

¶334

PETITIONER/S:

¶335

1 M.T.RAJAN,
AGED 63 YEARS
S/O. PODIYAN, NEDIYAKALAYIL MEMURIYIL,
EDASSERIMALA,ARANMULA P.O., PIN-689533.

¶336

2 N.P. UNNIKRISHNAN, AGED 48 YEARS, S/O. PODIYAN, NEDIYAKALAYIL MEMURIYIL, EDASSERIMALA, ARANMULA P.O., PIN689533.

¶337

3 M.P. PRABHAKARAN, AGED 58 YEARS, S/O. PODIYAN, NEDIYAKALAYIL MEMURIYIL, EDASSERIMALA, ARANMULA P.O., PIN689533.

¶338

BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.

¶339

RESPONDENT/S:

¶340

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

¶341

2 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM-695003.

¶342

3 THE DISTRICT COLLECTOR,PATHANAMTHITTA CIVIL STATION, PATHANAMTHITTA-689 645.

¶343

¶344

WP.(C)No.14342 of 2019 & con.cases

¶345

4 THE REVENUE DIVISIONAL OFFICER (RDO), REVENUE DIVISIONAL OFFICE, M.G. ROAD, ADOOR691523.

¶346

5 THE TAHSILDAR (LR), KOZHENCHERRY TALUK OFFICE, MINI CIVIL STATION, PATHANAMTHITTA-689645.

¶347

6 THE VILLAGE OFFICER., VILLAGE OFFICE, ARANMULA-689533.

¶348

7 ARANMULA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, EDAYARANMULA WEST P.O., ARANMULA, PATHANAMTHITTA-689532.

¶349

8 THE SECRETARY, ARANMULA GRAMA PANCHAYAT, EDAYARANMULA WEST P.O., ARANMULA, PATHANAMTHITTA-689532.

¶350

9 DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE ROAD, PATHANAMTHITTA -689645.

¶351

10 THIRUVABHARARA PATHA SAMRAKSHANA SAMITHY, REPRESENTED BY ITS GENERAL SECRETARY, KUZHIKKALA BUILDING, MANDIRAM P.O., RANNI-689672.

¶352

11 DIRECTOR,
DIRECTORATE OF SCHEDULED CASTE DEVELOPMENT,
NANDAVANAM, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.

¶353

BY ADVS.
P.J.JOE PAUL
C.D.ANIL
N.S.SOUMYA MOL
MANU SRINATH
A.R.DILEEP
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

¶354

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶355

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED

¶356

CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶357

¶358

WP.(C)No.14342 of 2019 & con.cases

¶359

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶360

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶361

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 15134 OF 2021

¶362

PETITIONER/S:

¶363

SAJI THOMAS

¶364

AGED 48 YEARS
S/O.V.T.THOMAS, VETTUVELIPARAMBIL, KOZHENCHERRY
P.O., PATHANAMTHITTA DISTRICT.

¶365

BY ADVS.

¶366

PHILIP J.VETTICKATTU SAJITHA GEORGE

¶367

RESPONDENT/S:

¶368

1 THE SECRETARY, KOZHENCHERRY GRAMA PANCHAYAT, KOZHENCHERRY, PATHANAMTHITTA-689641.

¶369

2 THE KOZHENCHERRY GRAMA PANCHAYAT PATHANAMTHITTA, PIN-689641, REPRESENTED BY ITS SECRETARY.

¶370

3 THE DISTRICT COLLECTOR, PATHANAMTHITTA, COLLECTORATE, PATHANAMTHITTA689645.

¶371

4 THE TAHSILDAR, KOZHENCHERRY TALUK, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA-689641.

¶372

5 THE VILLAGE OFFICER, KOZHENCHERRY VILLAGE, KOZHENCHERRY, PATHANAMTHITTA-689641.

¶373

6 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM, PIN-695003.

¶374

¶375

WP.(C)No.14342 of 2019 & con.cases

¶376

7 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶377

8 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶378

9 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶379

BY ADV K.SHAJ

¶380

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶381

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶382

¶383

WP.(C)No.14342 of 2019 & con.cases

¶384

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶385

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

¶386

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 15159OF 2021

¶387

PETITIONER/S:

¶388

JAGATHA PANICKER
AGED 72 YEARS
W/O. GOVINDA PANCIKER, SOPANAM KAITTILALIL
HOUSE, KAITHAKODY POST-689 614, KOTTATHUR,
AYROOR VILLAGE, RANNI TALUK, PATHANAMTHITTA
DISTRICT

¶389

BY ADVS.

¶390

O.RAMACHANDRAN NAMBIAR GEEN T.MATHEW

¶391

RESPONDENT/S:

¶392

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, ANNEX 1, SECRETARIAT, THIRUVANANTHAPURAM G.P.O-695 001, THIRUVANANTHAPURAM DISTRICT

¶393

2 THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA POST-689 645,PATHANAMTHITTA DISTRICT

¶394

3 THE TAHSILDAR (LAND RECORDS), OFFICE OF THE RANNI TALUK TAHSILDAR (LAND RECORDS), DEPARTMENT OF REVENUE, RANNI POST-689 672, PATHANAMTHITTA DISTRICT

¶395

4 THE VILLAGE OFFICER, AYROOR VILLAGE OFFICE, AYROOR SOUTH POST-689 611, PATHANAMTHITTA DISTRICT

¶396

5 AYROOR GRAMA PANCHAYATH, OFFICE OF THE AYROOR GRAMA PANCHAYATH, AYROOR

¶397

¶398

WP.(C)No.14342 of 2019 & con.cases

¶399

SOUTH POST,-689 611,PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SECRETARY, AYROOR GRAMA
PANCHAYATH, OFFICE OF THE AYROOR GRAMA
PANCHAYATH, AYROOR SOUTH POST,-689
611,PATHANAMTHITTA DISTRICT

¶400

6 THE TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR POST-695 003,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY, THE TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR POST-695 003,
THIRUVANANTHAPURAM DISTRICT

¶401

BY ADV SHRI.K.N.RADHAKRISHNAN, SC, AYROOR GRAMA
PANCHAYAT

¶402

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶403

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶404

¶405

WP.(C)No.14342 of 2019 & con.cases

¶406

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶407

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

¶408

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶409

WP(C) NO. 15686OF 2021

¶410

PETITIONER/S:

¶411

1 JOHNSON P. DANIEL, AGED 77 YEARS PARIYARATH ANUGRAHA, KULANADA P.O. PATHANAMTHITTA DISTRICT PIN-689503

¶412

2 THANKACHAN T.M., AGED 72 YEARS, THEVALATH THEKKETHIL HOUSE, KUNADA P.O., PATHANAMTHITTA DISTRICT PIN-689503

¶413

BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.

¶414

RESPONDENT/S:

¶415

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001

¶416

2 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM PIN-695003

¶417

3 DISTRICT COLLECTOR PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA PIN-689645

¶418

4 REVENUE DIVISIONAL OFFICER (RDO) REVENUE DIVISIONAL OFFICE, M.C. ROAD, ADOOR PIN-691 523

¶419

¶420

WP.(C)No.14342 of 2019 & con.cases

¶421

5 THASILDAR (LR) KOZHENCHERRY TALUK OFFICE, MINI CIVIL STATION, PATHANAMTHITTA PIN-689 645

¶422

6 VILLAGE OFFICER VILLAGE OFFICE, ARANMULA PIN-689 533

¶423

7 KULANADA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KULANADA PO, PATHANAMTHITTA PIN-689 503

¶424

8 SECRETARY KULANADA GRAMA PANCHAYAT, KULANADA PO, PATHANAMTHITTA PIN-689503

¶425

9 DISTRICT SURVEY SUPERINTENDENT COLLECTORATE ROAD, PATHANAMTHITTA, PIN-689645

¶426

10 THIRUVABHARANA PATHA SAMRAKSHANA SAMITHY REPRESENTED BY ITS GENERAL SECRETARY, KUZHIKKALA BUILDING, MANDIRAM PO, RANNI PIN-689 672

¶427

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;

¶428

SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD

¶429

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

¶430

ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED

¶431

CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶432

¶433

WP.(C)No.14342 of 2019 & con.cases

¶434

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶435

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶436

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944

¶437

WP(C) NO.16719OF 2021

¶438

PETITIONER/S:

¶439

1 THOMAS MATHEW
AGED 69 YEARS
S/O.THOMAS, KOLATHU MALAYIL HOUSE, VANCHITHRA,
KOZHENCHERRY P.O., AND VILLAGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT 689 641

¶440

2 SANTHAMMA

¶441

AGED 68 YEARS
W/O.THOMAS MATHEW, KOLATHU MALAYIL HOUSE,
VANCHITHRA, KOZHENCHERRY P.O., AND VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT 689
641

¶442

BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR

¶443

RESPONDENT/S:

¶444

1 STATE OF KERALA REP.BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶445

2 THE GOVERNMENT SECRETARY DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶446

3 THE TRAVANCORE DEVASWOM BOARD REP.BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM 695 003

¶447

¶448

WP.(C)No.14342 of 2019 & con.cases

¶449

4 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT 689 645

¶450

5 THE VILLAGE OFFICER VILLAGE OFFICE, KOZHENCHERRY PATHANAMTHITTA DISTRICT 689 641

¶451

6 THE KOZHENCHERRY GRAMA PANCHAYATH REP.BY ITS SECRETARY, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT 689 641

¶452

7 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA 691 523

¶453

8 THE THIRUVABHARANA PATHA SAMRAKSHANA SAMITHI(PTM/TC/33/2018) HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING, MANDIRAM.P.O., RANNI, REPRESENTED THROUGH ITS GENERAL SECRETARY PRASAD K.R.@ PRASAD KUZHIKALA S/O. RAGHAVAN NAIR, RESIDING AT KUZHIKALAYIL, MANDIRAM.P.O., RANNI, PATHANAMTHITTA-689672.

¶454

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶455

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶456

¶457

WP.(C)No.14342 of 2019 & con.cases

¶458

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶459

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

¶460

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO.16856OF 2021

¶461

PETITIONER/S:

¶462

GEORGE VARGHESE, AGED 59 YEARS
S/O. GEORGE, PUNNOOR(H), VANCHITHRA MURI,
KOZHENCHERRY P.O., & VILLAGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT-689 641

¶463

BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR

¶464

RESPONDENT/S:

¶465

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶466

2 THE GOVERNMENT SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶467

3 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 003

¶468

4 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-689 645

¶469

5 THE VILLAGE OFFICER, VILLAGE OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

¶470

¶471

WP.(C)No.14342 of 2019 & con.cases

¶472

6 THE KOZHENCHERRY GRAMA PANCHAYATH REP., BY ITS SECRETARY, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT-689 641

¶473

7 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA-691 523

¶474

8 THE ASSISTANT ENGINEER (ROADS) OFFICE OF THE ASSISTANT ENGINEER (ROADS), PWD KOZHENCHERRY, PATHANAMTHITTA-689 641

¶475

9 THE THIRUVABHARANA PATHA SAMRAKSHNA SAMITHI
(PTM/TC/33/2018),
HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING
MANDIRAM P.O., RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY PRASAD K.R.@ PRASAD KUZHIKALA,
S/O. RAGHAVAN NAIR, RESIDING AT KUZHIKALAYIL,
MANDIRAM P.O., RANNI, PATHANAMTHITTA-689 672

¶476

BY ADVS.

¶477

SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
K.SHAJ
JOHN CHERIAN

¶478

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶479

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

¶480

ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶481

¶482

WP.(C)No.14342 of 2019 & con.cases

¶483

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶484

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR

¶485

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO. 16987OF 2021

¶486

PETITIONER/S:

¶487

BINU P THOMAS
AGED 46 YEARS
S/O. P.G THOMAS, PUNNOOR VILLA HOUSE,
VANCHITHRA, VANCHITHRA, KOZHENCHERRY P.O. &
VILLAGE, KOZHENCHERRY TLAUK, PATHANAMTHITTA
DISTRICT-689 641

¶488

BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR

¶489

RESPONDENT/S:

¶490

1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶491

2 THE GOVERNMENT SECRTARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶492

3 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 003

¶493

4 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-689 645

¶494

¶495

WP.(C)No.14342 of 2019 & con.cases

¶496

5 THE VILLAGE OFFICER, VILLAGE OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

¶497

6 THE KOZHENCHERRY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOZHENCHERRY P.O., PATHANAMTHTITA DISTRICT-689 641

¶498

7 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA-691 523

¶499

8 THE THIRVABHARANA PATHA SAMRAKSHANA SAMITHI
(PTM/TC/33/2018),
HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING,
MANDIRAM P.O., RANNI, REPRESENTED THROUGH ITS
GENERAL SECRETARY PRASAD K.R.@ PRASAD KUZHIKALA,
S/O RAGHAVAN NAIR, RESIDING AT KUZHIKALAYIL,
MANDIRAM P.O., RANNI, PATHANAMTHITTA -689 672

¶500

BY ADVS.
K.SHAJ
JOHN CHERIAN

¶501

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶502

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶503

¶504

WP.(C)No.14342 of 2019 & con.cases

¶505

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶506

THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

¶507

WEDNESDAY, THE 19TH DAY OF OCTOBER 2022/27TH ASWINA, 1944
WP(C) NO.30726OF 2021

¶508

PETITIONER/S:

¶509

JAYASREE PADMAN

¶510

AGED 34 YEARS
W/O. NISHAD NARAYANAN, NOW RESIDING AT THARAYIL
DARSHANA VEEDU, VENMONY ERAM VILLAGE, CHENGANNUR
TALUK, ALAPPUZHA DISTRICT-689 509 FROM
KEECHEMPARAMBIL, EDASSERIMALA, ARANMULA P.O.,
PATHANAMTHITTA-689 533.

¶511

BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM

¶512

RESPONDENT/S:

¶513

1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶514

2 THE GOVERNMENT SECRETARY DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶515

3 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

¶516

¶517

WP.(C)No.14342 of 2019 & con.cases

¶518

4 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-689 645.

¶519

5 THE VILLAGE OFFICER VILLAGE OFFICE, ARANMULA, PATHANAMTHITTA DISTRICT-689 533.

¶520

6 THE ARANMULA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ARANMULA P.O., PATHANAMTHITTA DISTRICT-689 532.

¶521

7 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA-691523.

¶522

8 THE EXECUTIVE ENGINEER (ROADS) OFFICE OF THE EXECUTIVE ENGINEER (ROADS), PWD, KOZHENCHERRY, PATHANAMTHITTA-689 645.

¶523

9 THE THIRUVABHARANA PATHA SAMRAKSHANA SAMITHI (PTM/TC/33/2018) HAVING REGISTERED OFFICE AT KUZHIKKALA BUILDING, MANDIRAM P.O., RANNI, REPRESENTED THROUGH ITS GENERAL SECRETARY PRASAD K.R. @ PRASAD KUZHIKALA S/O. RAGHAVAN NAIR, RESIDING AT KUZHIKALAYIL, MANDIRAM P.O., RANNI, PATHANAMTHITTA-689 672.

¶524

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL -TRAVANCORE DEVASWOM
BOARD

¶525

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.10.2022, ALONG WITH WP(C).14342/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶526

¶527

WP.(C)No.14342 of 2019 & con.cases

¶528

JUDGMENT

¶529

Anil K. Narendran, J.

¶530

The common issue involved in these writ petitions relates to ‘Thiruvabharana Patha’ through which the sacred ornaments are being taken from Pandalam Palace to Sabarimala Sannidhanam for adorning Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple during Makarasamkrama pooja.

¶531

W.P.(C)No.14342 of 2019:- The petitioner, namely, Thiruvabharana Patha Samrakshana Samithi, is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, which is incorporated for preserving the traditions, values and customs, which are essential religious practices in relation to the holy shrine of Sabarimala. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent Travancore Devaswom Board and the 4^th respondent District Collector, Pathanamthitta, to implement Ext.P1 resolution taken in the meeting convened on 26.10.2009 for removing the encroachments on ‘Thiruvabharana Patha’ and to see that the

¶532

¶533

WP.(C)No.14342 of 2019 & con.cases

¶534

entire encroachments are removed by 31.12.2009. The petitioner is seeking implementation of the said decision in a time-bound manner, by constituting a survey team for measurement of ‘Thiruvabharana Patha’ with the aid of surveyors under the surveillance of the Advocate Commissioner appointed by this Court, and a direction to the 5^th respondent District Police Chief to provide adequate protection to the special team constituted under the surveillance of the Advocate Commissioner in the matter of removing encroachments on ‘Thiruvabharana Patha’. Another relief sought for in this writ petition is an order directing the 6^th respondent Director, Directorate of Survey and Land Records, to constitute a special team of surveyors, within a time frame as may be fixed by this Court, and direct the 14^th respondent Principal Chief Conservator of Forests to provide all necessary assistance and instructions by deploying its officials for survey through the forest land.

¶535

2.1. Going by the averments in the writ petition, since the

¶536

year 1986, the petitioner Samithi and its members are pursuing steps for recovering the encroached on Thiruvabharana Patha. The petitioner obtained the survey plan of Pandalam TharaThiruvabharana Patha under the provisions of the Right to

¶537

¶538

WP.(C)No.14342 of 2019 & con.cases

¶539

Information Act, 2005. On physical verification based on the available data, it was found that a considerable extent of Thiruvabharana Patha is encroached by the nearby residents and they have put up illegal structures. The entire stretch of Thiruvabharana Patha is having a distance of 83 kms. The width of Thiruvabharana Patha at various places is reduced to 4½ meters from 14 meters. The petitioner Samithi submitted representations before the 4^th respondent District Collector, Pathanamthitta. In pursuance thereto the 4^th respondent convened a meeting on 26.10.2009 and issued Ext.P1 proceedings with the following directions;

¶540

“1) തിരുവാഭരണ പാതയിൽ അനധികൃതമായി കൈയയ്ᩢം നട്ത ിയിട ്ᩝ ല്ᨲ ളുടട സർടവ ്ᩜ ാനുൈൾ റാ്ന ി, യൈാഴയേരി തഹസീൽദാർമാർ ലഭയമാ്ക ിയിട തം, അയതാടടാ്പ ംതട്ന തിരുവാഭരണ സംര്ᩌ ണ സമിതി ്ᩚᩜ᪎ ത പാതയിലൂടട നട്ത ിയ പഠന യാ്ᩔ യിൽ പാത കൈയയ്ᩢട്ത സംബ്ᩏ ി്ച് ൈടെ്ത ിയ വിവര്ᨲ ൾ യേർത റിയ്പ ാർട്ൈളും, പ്ത നംതി്ട ടെപൂ്ട ി െയറ്ᨴ ർ (സർടവ) പരിയ ാധി്ച് ആ്ᩌ ൻ ്ᩜ ാൻ ഒയ്ᨴ ാബർ 30-ന് മു്ᩘ ായി ജി്ല ാ ൈള്ᨴ ർ്ക് നൽയൈെതാണ്. 2) 2009 നവംബർ ആദയ വാരയ്ത ാടട അനധികൃതമായിട കൈയയ്ᩢ്ᨲ ൾ ഒഴി്പ ിക തിനു്ᩦ സർടവയർമാർ അട്ᨲ ിയ ടീമിടന നിയയാഗിക താണ്. ്ᩚᩜ᪎ ത ടീം കൈയയ്ᩢ്ᨲ ൾ പരിയ ാധി്ച് തിരുവാഭരണ പായയുടട അതിരുൈൾ തീരുമാനി്ച് അ്ᩌ ിമ റിയ്പ ാർ്ട് നവംബർ 30-ന് മു്ᩘ ായി ജി്ല ാ ൈള്ᨴ ർ്ക് കൂടാടത ആയതിടെ പൈർ്പ് പോയ്ത് ടെപൂ്ട ി െയറ്ᨴ ർ, സർടവ ടെപൂ്ട ി െയറ്ᨴ ർ എ്ന ിവർ്ക് നൽയൈെതാണ്. നൽകു്ന താണ്. 3) അനധികൃതമായി കൈയയ്ᩢ്ᨲ ൾ പോയ്ത് വൈ യറാെിൽ ആടണ ആായത് ഒഴി്പ ിക തിനു്ᩦ നിയമാനുസൃതമായ യനാ്ടീസ് അ്ല ാ്ത ത് ബ്ᩏ ട്പ്ട

¶541

¶542

WP.(C)No.14342 of 2019 & con.cases

¶543

ത്. യം ി തഹസീൽദാർമാരും നൽകു്ന പുനഃനിർ്ᩆ നട്ത അതിരുൈളിൽ പോയ്ത അതിർ്ത ി സർ്ᩪ ൈല്ൈൾ ്ᩝ ാപിക തിന് ആവ യമായ സർട്ᩪ ൈല്ൈൾ പോയത്ൈൾ ലഭയമാക താണ്. 4) 2009 െിസംബർ 31-ന് മു്ᩘ ായി അനധികൃതമായിട ൈയേ്ᩢ്ᨲ ൾ പൂർ്ᩆ മായി ഒഴി്പ ിക താണ്.” 2.2. The grievance of the petitioner is that despite Ext.P1

¶544

proceedings, no action has been taken by the authorities concerned, namely, respondents 8 to 13. The petitioner submitted representation dated 02.06.2010 before the State Public Information Officer in the Office of the 4^th respondent

¶545

under the provisions of the Right to Information Act, 2005 and obtained Ext.P2 reply, wherein it is stated as follows;

¶546

“1. തിരുവാഭരണപാത 485 യപർ കൈയേ്ᩢം നട്ത ിയിട്െ് എ്ന് ൈാണുന്. 2.യൈാഴയേരി കുളനട, ടമഴുയവലി, ൈിട്ᨲ നൎർ, ആറᩖ᪎ ള, മ്ല പ്ഴയേരി, അയിൻ ടേയ്യ്ᩘ ാൾ, റാ്ന ി, വടയേരി്ക ര, റാ്ന ി - ടപരുനാട് എ്ന ീ വിയ്ല ജുൈളിൽ ആണ് കൈയേ്ᩢം നട്ത ിയിട ത്. 3. ൈിട്ᨲ നൎർ വിയ്ല ജിടല സർടവ നടപടിൈൾ പൂർ്ത ിയായിട്െ്. ടപരുനാട് വിയ്ല ജിടല പാതയ സംബ്ᩏ ിച്ളള മുൻ സർടവ റി്ക ാർഡുൈൾ ലഭയമാ്ല ാ്ത തിനാലം റിസർവ പൂർ്ത ീൈരി്ച ി്ടി്ല ാ്ത തിനാലം വിയ്ല ജിടല സർ്ᩪ നടപടിൈൾ പൂർ്ത ീ്ക രി്ച ി്ടി ാ്ത താണ്. 4. കൈയേ്ᩢം നട്ത ിയിട്ളളവർ്ക് നിയമാനുസൃയമായ യനാ്ടീസ് നൽൈി കൈയേ്ᩢ്ᨲ ൾ ഒഴി്പ ിക തിന് അടൂർ തിരുവ്ല റവനൂ െിവിഷണൽ ഓഫീസർമാർ്ക് നിർയേ ം നൽൈിയിട്െ്. 5. കൈയേ്ᩢ്ക ാരുടട യപരും. യമൽ വിലാസവം അട്ᨲ ിയ ലി᪚➚് വിവരാവൈാ നിയമ ്ᩚ ൈാരം ലഭയമാകു്ന തിനായി യപജ് ഒ്ന ിന് രെ് രൂപ നിര്ക ിൽ 152 രൂപ (76 x 2) നൂ്ᩢി അൻപ്ത ി രെ് രൂപ മാ്ᩔ ം) ടി.ആർ.5- രസിയ് മുയേന ഈ ഓഫീസിയലാ 0070-800-12 എ്ന ീർഷൈ്ത ിൽ ്ᩏ ഷറിയിയലാ അട്ച് രസീത് ഹാജരാകു്ന മുറ᪚❙് ആവ യട്പ്ട യരേൈൾ ലഭയമാക താണ്.”

¶547

¶548

WP.(C)No.14342 of 2019 & con.cases

¶549

2.3. According to the petitioner, the recent floods of the

¶550

year 2018 changed the stream of Thiruvabharana Patha to a considerable extent. A joint survey by the officials of the Survey Department, Revenue officials and Forest officials would sort out the issue, in order to restore Thiruvabharana Patha to its original stream, by removing the encroachments. Despite Ext.P1 proceedings, the encroachments on Thiruvabharana Patha could not be removed by the authorities concerned. The authorities are not initiating any proceedings under the provisions of the Kerala Land Conservancy Act, 1957. In such circumstances, the petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking appropriate reliefs.

¶551

2.4. On 24.05.2019 when this writ petition came up for admission, the learned Government Pleader took notice for respondents 2 to 4, 12, 14 and 16. The learned Standing Counsel for Travancore Devaswom Board took notice for the 1^st respondent. The learned Government Pleader and also the learned Standing Counsel were directed to file counter affidavits within a period of three weeks.

¶552

2.5. Along with a memo dated 03.07.2019 of the learned

¶553

¶554

WP.(C)No.14342 of 2019 & con.cases

¶555

Senior Government Pleader, the report dated 28.06.2019 of the Tahsildar (Land Records), Ranni, was placed on record. On 23.07.2019, when this writ petition came up for consideration, this Court noticed that, even after identifying several encroachments on Thiruvabharana Patha, steps are taken only to evict some of the encroachments. Certain encroachments are yet to be evicted. This Court, by order dated 23.07.2019, directed the 4^th respondent District Collector to file an affidavit as to the steps taken to evict the encroachments on Thiruvabharana Patha.

¶556

2.6. The petitioner has filed a reply affidavit dated 24.09.2019 to the report dated 28.06.2019 of the Tahsildar (Land Records), Ranni. The Husur Sheristhadar has filed an affidavit dated 15.11.2019, on behalf of the 4^th respondent District Collector. Paragraphs 3 to 9 of that affidavit read thus:

¶557

“3. It is most respectfully submitted that Thiruvabharana Patha passes through 5 villages viz., Cherukole, Ayroor, Ranny, Vadasserikkara & Perunad in Ranny Taluk and 6, Villages viz., Kulanada, Mezhuveli, Kidangannur, Aranmula, Mallappuzhassery & Kozhencherry Village in Kozhencherrry Taluk. It was found that Thiruvabharana Patha was encroached by nearby residents and they have put up illegal structures over the area. A survey was

¶558

¶559

WP.(C)No.14342 of 2019 & con.cases

¶560

carried out by Survey Deputy Director as per the direction of the District Collector in 2009. Land Conservancy proceedings were initiated against all encroachers and a team is constituted for surveying and fixing the boundary of the said path. In Kozhencherry Taluk 119 encroachments were evicted, and in 129 cases the eviction process is progressing.

¶561

Cherukole Village

¶562

It is submitted that Thiruvabharana Patha is entering in Ranni Taluk through the Boundary of Cherukole Village. The said path extends from Cherukole Kacherithadom Sri. Subramanya Swami Temple through the banks of Pampa River up to Ayickal. It was found that 45.63 Ares of the Thiruvabharana Patha is encroached. At present, the encroachment in 27 cases has been evicted and fixed the boundary stones. In Cherukole Village, the encroachments of 11.80 Are in Resurvey No.2/11, 16.00 Are in Resurvey No.3/11, 6.60 Are in Resurvey No.53/2, 14.20 Are in Resurvey No.53/4 and 4.40 Are in Resurvey No.54/6 has been evicted and the Puramboke land handed over to Cherukole Grama Panchayat. The land owners near the puramboke land in Resurvey No.52/2 approached the Ranni Munsiff Court and filed original suits.

¶563

Ayiroor Village

¶564

It is submitted that 17.42 puramboke land in Thiruvabharana Patha from Neelamplavu to Peroorchal land in persons. 20 Among the 14 cases, encroached by 20 encroachments have been evicted. The rest of the 6 cases including houses and compound wall is pending.

¶565

¶566

WP.(C)No.14342 of 2019 & con.cases

¶567

The pending list is as below;

¶568

Name and address	Re. Sy Block	Re. Sy. No.	Area
Bhaskara Panicker, Sukumara Panicker, Mundaplackal, Kaithakkodi	3	275/5	0.01.74
Jagathamma, Keemadathil Kaithakkodi	3	370	0.01.77
Devakiamma, Parvathy Amma, Vazheppurathu, Kaithakkodi	3	276/8	0.00.35
Jagada Panicker, Sopanam Kaithakkodi	3	370	0.00.80
Saraswathy Amma, Ananda Bhavanam	3	370	0.01.85
Indira, Mangalathu, Mookkannoor	3	306/5	0.00.30

¶569

Present Status of the Encroachment

¶570

It is submitted that Sl. Nos.1, 4 plots among the above list having compound wall and Sl.Nos.2, 3, 5 & 6 have houses. As per Sl. No.5, Saraswathy Amma's house collapsed during last year’s flood; she purchased land in another location and constructed a house. In all other cases eviction process is progressing. Ranni Village

¶571

It is submitted that in Ranni Village 39.80 Are Thiruvabharana Patha' land is encroached by 27 persons. encroachments have been evicted and fixed boundary stones. The above 0.39.80 Are evicted puramboke land has handed over to Ranni Grama Panchayat. Government UP School, Ranni Vaikom School Management Committee filed O.S.No.170 of 2017 at Ranni Munsiff Court

¶572

¶573

WP.(C)No.14342 of 2019 & con.cases

¶574

complaining that a survey stone was fixed in the compound of the school.

¶575

Vadasserikkara Village

¶576

It is submitted that in Vadasserikkara Village, 43.31 Are of encroached land have been evicted from 34 persons and fixed boundary stones. The evicted land was handed over to Vadasserikakra Grama Panchayat on 22.09.2016.

¶577

Perunad Village

¶578

It is submitted that in Perunad Village the route of Thiruvabharana Patha from Champon to Sabarimala Sannidhanam, some encroachments were found. But, at present Thiruvabharana procession passes through the main road at this place. In Perunad Village, Thiruvabharana procession mainly passes through Forest land and the land is unauthorisedly occupied by Harrison Malayalam Ltd. The rest of the encroached land in the Thiruvabharana Patha eviction is progressing.”

¶579

2.7. The petitioner has filed a reply affidavit dated

¶580

17.01.2020 to the affidavit dated 15.11.2019 filed by the Husur Sheristhadar, on behalf of the 4^th respondent District Collector, producing therewith Exts.P3 to P5. The document marked as Ext.P4 is the list of encroachments of Ranni Taluk and Ext.P5 is

¶581

the list of encroachments in Kozhencherry Taluk. The 4^th respondent district Collector has filed an affidavit dated 25.03.2021. In paragraph 5 of that affidavit, the 4^th respondent has furnished the details of the present status of the

¶582

¶583

WP.(C)No.14342 of 2019 & con.cases

¶584

encroachments in Ranni Taluk. Paragraphs 3 to 5 of that affidavit

¶585

read thus;

¶586

“3. It is humbly submitted that Thiruvabharana Patha passes through 5 villages viz., Cherukole, Ayroor, Ranni, Vadasserikkara and Perunad in Ranni Taluk and 6 Villages viz., Kulanada, Mezhuveli, Kidangannur, Kidangannur, Aranmula, Mallappuzhassery and Kozhencherry Village in Kozhencherry Taluk. It was found that Thiruvabharana patha was encroached by nearby residents and put up illegal structures over the area. A survey was carried out by Survey Deputy Director as per the direction of the District Collector in 2009. Land Conservancy proceedings were initiated against encroachers and constituted a team for surveying and fixing the boundary of the said path. 4. It is humbly submitted that a reply affidavit has been filed by the Thiruvabharanapatha Samrakshana Samithi before the Hon'ble High Court of Kerala on 17.01.2020, wherein it is stated that, there are 124 encroachments in various places of Thiruvabharanapatha in Ranni Taluk and out of 124 encroachments only 17 had been evicted. But after going through the records and the files available in the Taluk Office all of the 124 encroachments have been identified, measured and fixed boundary stones by the Survey team and direction was given to the concerned Local Self Government Institutions to evict the encroachments immediately.

¶587

It is humbly submitted that the details of the present status of encroachments in Ranni taluk specified in the affidavit filed by the petitioner and the steps taken by the

¶588

¶589

WP.(C)No.14342 of 2019 & con.cases

¶590

authorities in Ranni Taluk are based on the report given by the respective Village Officers and the above details are stated below. Due to paucity of time, the above report could not be cross verified by this respondent in the field through the concerned. Tahsildars.

¶591

Jagadamma

¶592

Keemadathil, Kaithakody - Ayiroor Village Present status

¶593

Encroacher’s house is situated in Thiruvabharana Patha. Airoor Grama Panchayat Secretary reported that eviction can be made after rehabilitating the encroacher’s widowed daughter through 'Life project'.

¶594

St. Marys Knanaya Ranni Kurisu Church, Ranni Village

¶595

Present status

¶596

3.40 ares from the Thiruvabharana Patha has been encroached by the Church authorities. Major portions of the encroached area are evicted, yet a Cross (Kurisu) is situated in the north-eastern portion of the land. Urgent actions will be taken to evict the remaining encroachment.

¶597

Kuriakose, Puruchirayil Ranni, Ranni Village Present status

¶598

Encroachment is evicted, but an old building is still situated in Thiruvabharana Patha. Necessary direction issued to the Ranni Grama Panchayat Secretary to demolish all the encroachments by letter dated 18.02.2021.

¶599

P.R. Ajayakumar, Karthika (Olickal veedu), Ranni Village

¶600

¶601

WP.(C)No.14342 of 2019 & con.cases

¶602

Present status

¶603

The encroacher voluntarily withdrew from the encroached area and constructed a boundary wall. But remnants of pillar and compound wall still remain at the Thiruvabharana Patha. Necessary directions have been issued to the Ranni Grama Panchayat Secretary to demolish all the encroachments with regard to Thirvuvbharana patha within the jurisdiction of the aforesaid panchayat by letter dated 18.02.2021. 5. U.P. School, Ranni, Vaikom, Ranni Village

¶604

Present status

¶605

The school management committee filed a case against District Collector, Tahsildar, and Village Officer at Munsiff Court,Ranni as O.S.No.170 of 2017 and the case is pending. Urgent actions will be taken to evict the above encroachment.

¶606

SNDP Union, Ranni, Vaikom, Ranni Village Present Status

¶607

The SNDP Yogam authorities claimed that they have got the Patta for the land and the Patta is lost in the floods and requested more time to produce the documents. Urgent actions will be taken to evict the above encroachment.

¶608

Somanathan Nair, Mullasseril Gokulam House, Vadasserikara -Vadasserikara Village Present status

¶609

The encroacher is a retired Revenue Officer. The encroached area is comprised in Block No.30 of Survey No.294 in Vadasserikara Village. As per the list prepared by the District Survey Superintendent, 0.0260 Ares of

¶610

¶611

WP.(C)No.14342 of 2019 & con.cases

¶612

Puramboke land in Sy. No.294/1, 2, 3, 4, 5, 6 is encroached by Sri.Koshy Thomas, Edakkattu, Vadasserikara, Sri.Viswanathan Nair, Mullasseril, Sri.Somanathan Nair, Mullasseril, Vadasserikara, Sri.Vijayakumar, Mullasseril, Vadasserikara and Sri.P.C.John, Edakkattu, Vadasserikara. Sri. Somanathan Nair filed a complaint before Survey authorities stating that there are Resurvey anomalies in the above Survey numbers. In this subject there is file D3 (C4)11281/10 in Ranni Tahsildars' office and SS3-83/10 file in Survey Deputy Director’s Office and the report is pending. Urgent actions will be taken to evict the above encroachment. Vadasserikkara Village

¶613

31 encroachments included in Exhibit P4 have been evicted as seen from the files and 13 encroachments are remaining to be evicted. It is humbly submitted that urgent actions will be taken to evict the remaining encroachments.

¶614

Aviroor village

¶615

All the encroachments except Jagadamma, Keemadathil, Kaithakody in Ayiroor village have been surveyed, evicted and the sketch, plan and mahazar report were handed over to Ayiroor Grama Panchayat Secretary on 04.09.2011. Ranni Village

¶616

Encroachment list of Ranni Grama Panchayat prepared and handed over to Ranni Grama Panchayat Secretary on 02.05.2012. In Ranni Village, the eviction process in respect of the encroachments of Smt.Sarabeevi, Varikkattu, Ranni, Sri.Gopi and Smt.Radhamani, Jyothi

¶617

¶618

WP.(C)No.14342 of 2019 & con.cases

¶619

Bhavan are to be done and urgent action will be taken to evict the above encroachment at the earliest. Cherukole Village

¶620

In Cherukole Village, all 27 encroachments were demarcated, fixed survey stones, evicted and handed over to Cherukole Grama Panchayat on 28.08.2011. Kozhencherry Taluk

¶621

It is humbly submitted various encroachments have been pointed out in 6 villages of Kozhenchery Taluk as per Exhibit P4 list. On verification of the files, it is found that the encroachments have been surveyed measured and demarcated by the Surveyors and necessary directions have been issued to the concerned Local Self Government Institutions to evict the remaining encroachments.

¶622

The list of the encroachments and the details of eviction are given below;

¶623

Mezhuveli Village

¶624

Number of encroachments: 10 encroachments in Block No.5 Re. Survey Nos. 314, 247, 315, 318 and 180 Present status: 8 Encroachments evicted and records handed over to Mezhuveli Grama Panchayat on 31.08.2011. Letter dated 17.02.2021 issued to Mezhuveli Grama Panchayat for evicting the remaining encroachments.

¶625

Kulanada Village

¶626

Number of encroachments: 125 encroachments

¶627

Present status: About 67 encroachments are seen evicted. Direction was given to the concerned Local Self Government Institution to evict the balance

¶628

¶629

WP.(C)No.14342 of 2019 & con.cases

¶630

encroachments.

¶631

3. Kidangannur Village

¶632

Number of encroachments: 23 encroachments Present status: 13 encroachments evicted. Direction was given to the concerned Local Self Government Institution to evict the balance 10 cases

¶633

Aranmula Village Number of encroachments: 39 encroachments

¶634

Present status: It is seen from the files that almost all the encroachments have been evicted. Mallappuzhassery Village

¶635

Number of encroachments: 43 encroachments Present status: 32 encroachments were measured and survey stones fixed and records were handed over to Mallappuzhassery Grama Panchayat and the Public Works Department for eviction.

¶636

Land related to Travancore Devaswom Board in 5 cases direction was given to them for the eviction of the encroachments. In 5 cases, there are houses and in 1 case a 'Bhajanmadom' is situated. Steps will be taken to evict the encroachments at the earliest.

¶637

Kozhencherry Village

¶638

Number of encroachments: 19 encroachments Present status: 19 encroachments have been measured and survey stones fixed on 23.06.2012 and records handed over to Kozhencherry Grama Panchayat for eviction process and all the encroachments are evicted as seen from the letters seen in the files. Ranni-Perunad Village

¶639

¶640

WP.(C)No.14342 of 2019 & con.cases

¶641

Major portion of the Thiruvabharana Patha in RanniPerunad Village passes through the property of the Forest Department and is in the possesion of Harrison Malayalam Plantation. An affidavit has been filed in this regard on 15.11.2019 before the Hon’ble High Court. On 04.01.2020, a meeting of the Revenue Officers, Tahsildars and the concerned Grama Panchayat Secretaries have been conducted to evaluate the progress of the eviction process of Thiruvabharana Patha and necessary directions given to all the concerned officers to evict the encroached areas in a time bound manner. It is humbly prayed that 3 weeks’ time may be given to this respondent to reverify the files relating to the encroachments mentioned above in respect of Ranni and Kozhenchery Taluks through the officers of the Revenue Department and to inspect the land physically with the assistance of competent officers under the department of survey for taking further action for eviction through the officers notified under the land conservancy Act.” 2.8. On 26.02.2021, when this writ petition came up for

¶642

consideration along with the connected matters, this Court passed an order, which reads thus:

¶643

“See the orders dated 23.07.2017 and 22.10.2019 passed in the aforesaid proceedings. As per the former order dated 23.07.2019, the District Collector, Pathanamthitta was directed to file an affidavit as to the steps taken to evict the encroachments on Thiruvabharana Patha. The fact is that, despite the order dated 23.07.2019, which was virtually reiterated in the

¶644

¶645

WP.(C)No.14342 of 2019 & con.cases

¶646

order dated 22.10.2019, the District Collector, Pathanamthitta has not placed on record such an affidavit within the time stipulated under the orders. Later, the District Collector, Pathanamthitta filed an affidavit in purported compliance with the order dated 23.07.2019, on 15.11.2019.

¶647

In paragraph 3 of the said affidavit, filed on 15.11.2019, it is stated that the Thiruvabharana Patha passes through five villages viz; Cherukole, Ayroor, Ranny, Vadasserikkara and Perunad in Ranni Taluk and six villages viz; Kulanada, Mezhuveli, Kidangannur, Aranmula, Mallappuzhassery and Kozhencherry Village in Kozhencherry Taluk. The Thiruvabyharana Patha begins from Pandalam village (1/2 kms) from Valiyakoyikkal Temple. True that encroachments are only in the aforementioned 11 villages. It is also stated therein that a survey was carried out by a Survey Deputy Superintendent pursuant to the direction of the District Collector, Pathanamthitta in the year 2009 and thereafter, proceedings under Land Conservancy Act were initiated against all encroachers. In fact, a team was constituted for surveying and fixing the boundary of the said path and in Kozhencherry Taluk, 119 encroachers were evicted and 129 eviction proceedings are in progress. Though it is stated in the said affidavit that Land Conservancy proceedings were initiated against all encroachers, the contention in the above mentioned writ petition is that, all the encroachers were not evicted. After filing such an affidavit on 15.11.2019, on the aforesaid lines, with respect to the further follow up steps nothing is brought

¶648

¶649

WP.(C)No.14342 of 2019 & con.cases

¶650

on record, since then. Thus, the position is that though there is a positive statement to the effect that steps to evict all the encroachments on the Thiruvabharana Patha have already been initiated, the fact is that those eviction proceedings are yet to be completed. It is a deplorable state of affairs that despite the initiation of action against encroachers as far back in the year 2009, the authorities are not in a position to present even a clear picture, with respect to the present situation. On 10.02.2020, this Court passed another order with respect of the issue on the following lines;

¶651

The Learned Government Pleader seeks one month's time to take an additional affidavit. The additional affidavit to be filed shall contain the steps taken by the 4^th respondent in the matter of protection of properties from where encroachers were evicted and also the steps taken in regard to eviction of encroachments. Such an affidavit shall be filed within one month.

¶652

A month’s time was granted to file an affidavit. However, it is a fact that despite the passage of more than a year, the said affidavit has not been placed on record. We are not pleased with the said conduct. However, taking a lenient view, we feel that one last chance can be granted to the District Collector, Pathanamthitta to file an affidavit, in terms of the order dated 10.02.2020. The affidavit in terms of the order shall be filed on or before 26.03.2021. In case of failure to file such an affidavit on or before 26.03.2021, the District Collector, Pathanamthitta shall appear before this Court on 26.03.2021 at 10.15 a.m, along with all the relevant

¶653

¶654

WP.(C)No.14342 of 2019 & con.cases

¶655

records pertaining to the issue involved in the D.B.P as also in the present writ petition. Needless to say, the report shall contain a specific statement as to whether the entire encroachment in all the 11 villages were already effected and if not, the affidavit shall contain the reason therefor.”

¶656

2.9. The order dated 26.02.2021 was followed by an order

¶657

dated 26.03.2021, which reads thus:

¶658

‘See the order dated 26.2.2021 passed after referring to the earlier orders passed by this Court dated 23.7.2019 and 22.10.2019. As per the order dated 23.7.2019, the District Collector, Pathanamthitta was directed to file an affidavit as to the steps taken to evict the encroachments on 'Thiruvabharana Patha'. The said direction was reiterated in the order dated 22.10.2019 as well. In purported compliance with the aforesaid orders, an affidavit was placed on record. We had referred to paragraph 3 of the said affidavit filed on 15.11.2019 in the order dated 26.2.2021. Upon perusing the affidavit, we found that with respect to the actual number of encroachments and also with respect to the encroachments which were actually evicted the affidavit is not specific. In other words, on such aspects, no specific position is discernible from the said affidavit. That apart, with respect to the follow up action taken subsequent to the survey nothing was specifically mentioned in the said affidavit dated 15.11.2019. In the order it is further stated thus:

¶659

"It is a deplorable state of affairs that despite

¶660

¶661

WP.(C)No.14342 of 2019 & con.cases

¶662

initiation of action against encroachers as far back in the year 2009, the authorities are not in a position to present even a clear picture, with respect to the present situation."

¶663

Thereupon, on 10.2.2020 this Court passed an order requiring the District Collector, Pathanamthitta to file an additional affidavit. As per the order dated 10.2.2020 this Court granted a month's time to file an additional affidavit. It is taking note of the failure to file such an affidavit within the time stipulated that the order dated 26.2.2021 was passed. After granting time to file the affidavit till 26.3.2021 it is specifically stated therein that the said report should contain specific statement as to whether the entire encroachments in all the 11 villages were already evicted and if not, the affidavit shall contain the reason therefor.

¶664

The affidavit in terms of the order dated 26.2.2021 has been filed. We have carefully gone through the said affidavit filed on behalf of the District Collector, Pathanamthitta. The fact is that this affidavit is also nothing but a reiteration of the statement of facts brought to the notice of this Court earlier by way of an affidavit. In the affidavit, it is stated that, due to paucity of time the above affidavit could not be verified by the respondents in full through the concerned Tahsildars. While considering the said statement it is to be noted that in the very affidavit filed on 25.3.2021 it is stated by the very deponent that the survey was carried out by the Survey Deputy Director as per the direction of the District Collector in the year 2009. Thus, it is evident that it is in

¶665

¶666

WP.(C)No.14342 of 2019 & con.cases

¶667

respect of the follow up action taken thereafter that this Court called the District Collector to file an affidavit. In such circumstances, how can the District Collector be heard to complain about the paucity of time. We do not think that 11 years is too short a time to do such a thing. Despite the passage of 11 years after conducting the survey in the year 2009 no positive steps were taken. In each and every affidavit filed pursuant to the orders of this Court what is stated and reiterated is that action would be taken to vacate the remaining encroachments. Taking note of the order dated 26.2.2021, though we are about to pass an order directing for the personal appearance of the District Collector, Pathanamthitta, we refrain ourselves from passing such an order taking note of the ensuing election to the State Legislative Assembly. At the same time, we have no hesitation to hold that in a matter like this which is pending before this Court from 2018 onwards and the issue to be resolved is regarding the action taken pursuant to the survey conducted as far back in 2009 no further delay could be brooked. The affidavit dated 25.03.2021 also would clearly reveal that major portion of the encroachments are not still evicted. No action whatsoever was taken by the authorities to vacate the encroachments. Encroachment of the properties of deity, considered to be a perpetual minor, cannot be appreciated. With reluctance we are granting an opportunity to the District Collector, Pathanamthitta to place on record an affidavit in terms of the order dated 26.2.2021. The said affidavit should contain the reasons as to why steps were not taken to evict the

¶668

¶669

WP.(C)No.14342 of 2019 & con.cases

¶670

encroachments in full. The details regarding the encroachments and the steps taken to vacate such encroachments shall also find a place in the affidavit to be filed. Such an affidavit shall be filed on or before 21.6.2021.” (underline supplied) 2.10. The order dated 26.03.2021 was followed by an order

¶671

dated 12.07.2021, which reads thus:

¶672

“The District Collector Pathanamthitta, who is the common respondent in these captioned writ petitions and the DBP, shall file an affidavit as to whether the writ petitioners or their predecessor-in-interest of them were put on notice at the time when steps were taken to conduct survey of the properties involved in the writ petitions with a view to initiate steps for evicting the alleged encroachers. Such an affidavit shall be filed on or before 27.07.2021. List the matter for further consideration on 29.07.2021. Till such time no coercive steps including demolition of structures and also dispossession of the persons now in possession shall be effected. We will make it clear that the persons now in possession of the properties involved in the writ petition shall not effect any demolition activities and shall not fell trees standing in the properties involved in the cases. We also make it clear that this order will not stand in the way of the authorities in issuing notices to persons who have allegedly encroached upon the properties, for the purpose of initiating actions under the Land Conservancy Act, in accordance with law.”

¶673

W.P.(C)No.11774 of 2021:- The petitioner, namely,

¶674

¶675

WP.(C)No.14342 of 2019 & con.cases

¶676

NSS Karayogam No.825, Kozhencherry, which is in ownership and possession of 2.92 Ares (7.2124 cents) of land in Sy.No.332/6 of Kozhencherry Village in Kozhencherry Taluk in Pathanamthitta from the year 1935 onwards in respect of which Ext.P1 gift deed No.595 of 1992 of the Sub Registrar Office, Kozhencherry, was executed on 01.06.1992, has filed this writ petition seeking a writ of certiorari to quash Ext.P3 order dated 17.05.2021 and the mahazar dated 28.04.2021 issued by the 5^th respondent Assistant Engineer (Roads), Public Works Department, Kozhencherry, whereby it was directed to conduct a joint survey and as per the Mahazar annexed to the order, property measuring 39.48 sq.mtrs. in Sy.No.332/10 which is a boundary wall having 14.30 metres length and the iron grills having one metre height on the boundary wall, gate, Kanikkavanchi, front portion of the temple, three pillars and tress work of the Paampaadimon temple are to be removed within 7 days from the date of receipt of the order.

¶677

3.1. The document marked as Ext.P2 is the land tax receipt dated 25.05.2021 in respect of the property covered by Ext.P1 gift deed under Thandaper No.8737. Going by the averments in the writ petition, the PWD Road, namely,

¶678

¶679

WP.(C)No.14342 of 2019 & con.cases

¶680

Mannarakulanji-Kadammanitta-Kozhenchery road is having a width of 7.10 meters including drainage lying in east-west direction along the southern boundary of Ext.P1 property and another road in the north-south direction, namely, Nediyathumukku-Paampaadimon road is having a width of 6.50 meters including drainage along with western boundary of Ext.P1 property. The document marked as Ext.P4 is a letter dated 28.04.2021 issued by the Village Officer, Kozhencherry Village to the Secretary of Kozhencherry Grama Panchayath, wherein it is stated that re-survey proceedings have not been completed yet in Kozhencherry Village and as such there are no survey records. The document marked as Ext.P5 is the photograph showing the lie of Ext.P1 property and also the temple situated therein.

¶681

3.2. On 12.07.2021 when this wit petition came up for consideration along with connected matters, this Court granted an interim order. The said interim order, which was extended from time to time, is still in force.

¶682

W.P.(C)No.12273 of 2021:- The petitioner, who is the owner in possession of 15.54 Ares of land in Sy.No.174/7 of Aranmula Village along with residential building covered by

¶683

¶684

WP.(C)No.14342 of 2019 & con.cases

¶685

Ext.P1 gift deed bearing No.322/1980 of Sub Registrar Office, Aranmula, has filed this writ petition seeking a writ of certiorari to quash Ext.P4 notice dated 07.05.2021 issued by the 2^nd respondent, who is the Secretary of the 1^st respondent Aranmula Grama Panchayat, whereby the petitioner was asked to vacate the alleged encroached area of 0.0080 Ares, within 15 days. The document marked as Ext.P2 is the tax receipt dated 25.05.2021 and Ext.P3 is the possession certificate dated 22.08.2017 in respect of the property covered by Ext.P1 gift deed. On receipt of Ext.P4 notice, the petitioner submitted Ext.P5 objection, before the 2^nd respondent, which was followed by Ext.P6 detailed objection dated 28.05.2021.

¶686

4.1. On 16.06.2021 when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the 3^rd respondent. Notice by speed post was ordered to respondents 1 and 2. This Court granted an interim order staying all further proceedings pursuant to Ext.P4 notice, for a period of one month. The said interim order, which was extended from time to time, is still in force.

¶687

4.2. Respondents 1 and 2 have filed a counter affidavit

¶688

¶689

WP.(C)No.14342 of 2019 & con.cases

¶690

dated 28.06.2022. Paragraph 7 of that counter affidavit reads thus:

¶691

“7. The issue of encroachment of the thiruvabharana patha leading to Sabarimala temple was raised in the writ petition W.P.(C)No.14342 of 2019. Both D.B.P.No. 55 of 2018 and W.P.(C)No.14342 of 2019 were tagged together and various interim orders were passed by this Honourable Court. The 3^rd Respondent District Collector, acting in compliance of these orders, issued Letter No.C1231466/09 dated 15.2.2021 to the 1^st respondent Panchayat directing the Panchayat to take immediate steps to remove the encroachments, consequent to which the Panchayat has taken steps under the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996. Now the Panchayat has already removed encroachments made by 25 of such encroachers and has also erected sign boards in the thiruvabharana patha warning the public against any future encroachments. It is submitted that the District Collector has also initiated proceedings for removal of encroachments under the Kerala Land Conservancy Act, 1957 wherein the authorities have already identified and demarcated the encroachments and have issued notice to the unauthorised occupants with notice and then remitted the matter to the Panchayat for further action.”

¶692

W.P.(C)No.12464 of 2021:- The petitioner, who is the

¶693

owner in possession of 5 cents of land in Sy.No.391/5 of

¶694

¶695

WP.(C)No.14342 of 2019 & con.cases

¶696

Kulanada Village in Kulanada Grama Panchayath by virtue of Ext.P1 sale deed No.3281/1996 of Sub Registrar Office, Panthalam dated 29.11.1996, has filed this writ petition seeking a writ of certiorari to quash Ext.P4 notice dated 12.05.2021 issued by the Secretary of 4^th respondent Kulanada Grama Panchayath whereby he was directed to surrender possession of the alleged encroachment within seven days. The document marked as Ext.P2 is the tax receipt dated 13.06.2020 in respect of the property in question.

¶697

5.1. In paragraph 3 of the writ petition it is stated that there is a Grama Panchayath road adjoining the petitioner's residential property on its eastern side. The petitioner's property is on a little higher level than the said Panchayath road, that the road is having a width of 17 ft at the point of petitioner's property, that the stretch of the road is the widest portion of the Panchayath Road and that no other stretch along that said Panchayath road is having so much width. The document marked as Ext.A3 in Ext.P3 judgment is the re-survey plan in respect of field No.391 of Kulanada Village dated 06.09.2011. The documents marked as Exts.P3 and P3(a) are the judgment and decree dated 18.10.2012 in O.S.No.376 of 2011, which is

¶698

¶699

WP.(C)No.14342 of 2019 & con.cases

¶700

one filed by the petitioner seeking a declaratory decree of his title and possession over the property in question in which the District Collector, Pathanamthitta; Revenue Divisional Officer, Adoor; Tahsildar, Kozhencherry Taluk; and the Village Officer, Kulanada, are the respondents. On receipt of Ext.P4 notice, the petitioner submitted Ext.P5 reply wherein it is stated that he is not in possession of any land other than that covered by Ext.P1 sale deed.

¶701

W.P.(C)No.13484 of 2021:- The petitioners own

¶702

properties within the jurisdiction of the 6^th respondent Mezhuveli Grama Panchayat and the 9^th respondent Kulanada Grama Panchayat. The title deed of the petitioners, tax receipts, etc., are placed on record as Exts.P1 to P72. The petitioners have filed this writ petition seeking a writ of certiorari to quash Exts.P3, P4, P8, P9, P12, P13, P14, P15, P17, P18, P20, P21, P23, P24, P27, P28, P31, P32, P34, P35, P37, P38, P40, P41, P43, P44, P47, P48, P50, P51, P55, P56, P58, P59, P62, P63, P66, P67, P69, P70; for a declaration that the notices and mahazars prepared by respondents 5, 6 and 9 are illegal as the same is prepared and issued without following any due procedures established under the law and without

¶703

¶704

WP.(C)No.14342 of 2019 & con.cases

¶705

applying the mind; a writ of mandamus directing respondents 4 to 6 and 9 to conduct fresh survey and measurement after giving proper notice to the writ petitioners in accordance with title deeds and survey sketches; for a declaration that the present survey and measurement conducted by the 5^th , 6^th and 9^th respondents are improper and illegal; a writ of mandamus directing the 1^st respondent State to convene a meeting and to take a decision in the matter in accordance with law after hearing all the stakeholders; and a writ of mandamus directing respondents 4 to 6 and 9 not to take any further action till a decision is taken by the 1^st respondent State.

¶706

6.1. On 12.07.2021 when this writ petition came up for admission along with connected matters, urgent notice by speed post was ordered to respondents 6 and 9 and passed an interim order. The said order, which was extended from time to time, is still in force.

¶707

6.2. The 4^th respondent District Collector has filed a counter affidavit dated 06.09.2021. Paragraphs 2 to 11 of that counter affidavit read thus:

¶708

“2. The above writ petition was filed to issue a writ of certiorari to quash the notices issued by the 9^th respondent and to conduct a fresh survey and measurements after

¶709

¶710

WP.(C)No.14342 of 2019 & con.cases

¶711

giving proper notice to the writ petitioners in accordance with the survey sketch and title deeds.

¶712

All the averments and allegations raised in the writ petition filed by the petitioner are hereby denied except to the extent specifically admitted or otherwise dealt with hereunder. This affidavit is filed to answer the specific query put forward by this Hon'ble Court and this respondent is reserving the right to file a detailed counter affidavit as and when necessary. I assumed charge as the District Collector Pathanamthitta on 12.07.2021. I am swearing this affidavit as per the facts revealed from the records kept in the office.

¶713

It is submitted that this Hon'ble Court directed this respondent to file an affidavit as to whether the writ petitioners or their predecessor in interest were put on notice at the time when steps were taken to conduct survey of properties involved in the writ petitions with a view to initiate steps for evicting the alleged encroachments. It is submitted that no notice was served to the individuals before conducting the survey; since the survey was conducted only on the Goverment land to find out whether there is any encroachment in the Goverment land, and issuance of a notice to the private parties is not necessary while conducting survey of Goverment land to identify encroachments. No notice has been contemplated under the provisions of Land Conservancy Act either.

¶714

It is submitted that during 2009, the office of District Collector Pathanamthitta received a lot of complaints regarding the encroachments in the purampoke land contenting that there is large scale of encroachment into

¶715

¶716

WP.(C)No.14342 of 2019 & con.cases

¶717

the Thiruvabharana Patha, commencing from Pandhalam Temple to Sabarimala. With a view to find out the encroachment a special survey team was constituted to measure and demarcate the Goverment land to spot out the encroachment.

¶718

It is submitted that the Thiruvabharana Patha passes through 5 villages namely, Cherukole, Ayroor, Ranni, Vadassertkkara, and Perunad in Ranni Thaluk and six villages viz. Kulanada, Mezuhuveli, Kidangannur, Aranmula, Mallappuzhassery and Kozhencherry Village in Kozhencherry Thaluk. Village records show that the alleged Thiruvabharana Patha has been recorded as Goverment purampoke. The special survey team found out 301 encroachments in the Kozhencherry Thaluk and all the encroachments have been surveyed and fixed with survey stones. Out of the 301 encroachments, 119 cases have already been evicted, after issuing notice under Section 12 of the Land Conservancy Act and also observing legal formalities.

¶719

It is submitted that after identifying the encroachment the Revenue Divisional Officer had issued notice under Section 12 of Land Conservancy Act, 1957 in form B to all encroachers including the petitioners or their predecessors in interest who were in possession of the encroached land, calling upon them to show cause as to why they should not be evicted from the Goverment land which was encroached upon. On receiving the notice, most of the encroachers had appeared before the officer and filed statements, stating that they are ready and willing to surrender the Goverment land to the Goverment. Hence

¶720

¶721

WP.(C)No.14342 of 2019 & con.cases

¶722

the authorised officer had passed final orders in all independent cases and issued orders.

¶723

It is submitted that the procedure of enquiry had been completed during the year 2010 and the procedure became final. The petitioners if aggrieved, had every right to file an appeal to the appropriate authority against the order passed under Section 12 of the Act, but none of them had preferred such appeal before the appropriate authority. It is submitted that this Honourable Court in W.P.(C)No.14342 of 2019 filed by "Thiruvabharana Patha Samrekshanasamithy" directed this respondent to expediate the eviction procedures of encroachment in the Thiruvabharana Patha. Under such circumstances these respondents had called a joint meeting and directed the panchayat authorities to expediate the eviction proceedings as they were authorised to act under the Land Conservancy Act.

¶724

It is submitted that the petitioners, who suffered an order under Land Conservancy Act and have not chosen to file any appeal or avail any other remedy permitted to them under the Land Conservancy Act, cannot maintain a writ petition challenging the procedure in a writ petition under Article 226 of the Constitution of India.

¶725

It is submitted that the grounds urged in the writ petition are baseless and will in no way support the contentions of the writ petitioner to challenge the order passed by the RDO under the Land Conservancy Act. The affected parties can avail the appropriate remedy provided under the statute. When an alternative remedy is a writ petition is not specifically provided under the statute,

¶726

¶727

WP.(C)No.14342 of 2019 & con.cases

¶728

maintainable.

¶729

For the foregoing and other reason to be submitted at the time of hearing, it is respectfully prayed that this Honourable court may be pleased to dismiss the writ petition as it is bereft of any merit. This respondent craves the leave of this Honourable court to file a detailed Counter Affidavit if necessary and produce the notices under Section 12 issued to the parties or their predecessors in interest and the orders passed there under.”

¶730

6.3. The petitioners have filed a reply affidavit dated

¶731

12.09.2021. Paragraphs 4 to 7 of the said affidavit read thus:

¶732

“4 It is respectfully submitted that the averments in Paragraph No.4 of the counter affidavit are not fully correct and hence denied It is incorrect to state that no notice need to be issued to the affected parties before measurement. It is submitted that measurement is conducted under the Kerala Survey and Boundaries Act 1961 (herein after referred as the Act) and the Rules framed thereunder. There is no other law empowering the revenue authorities to conduct survey measurements. It is submitted that to measure and to demarcate the government land from private properties necessarily the procedure contemplated under the Act has to be followed. It is submitted that by virtue of Section 4 of the Act even for fixing the boundaries of government land the officer or the authority authorised by the government may order survey of the land. Under Section 6 of the Act a publication has to be affected. Section 6 of the said Act envisages the principles of natural justice. Even an order passed by the

¶733

¶734

WP.(C)No.14342 of 2019 & con.cases

¶735

surveyor is appealable under Section 11 of the Act. It is submitted that the alleged fixation of encroachment is without authority and jurisdiction since the mandatory provisions of the Act and the rules framed thereunder has not been complied with. Under the guise of survey, the respondents 6 and 9 has trespassed in to the properties of the writ petitioners and conducted measurement without giving any notice to them and had put survey stones inside the property. On the said survey stones they had marked it as property of Dewaswom. Even going by the averments of the 4^th respondent, it is a Government land and not a Dewaswom land. The writ petitioners are residing there from time immemorial since the time of the predecessors in interest. Out of the 21 writ petitioners the houses of the 2^nd writ petitioner, 8^th writ petitioner, 14^th writ petitioner 16^th writ petitioner and 21^st writ petitioner will have to be demolished and they will be thrown to streets. Other writ petitioners will lose their land, compound wall, gates, well and trees. Had a proper measurement would have been conducted with notice to the writ petitioners they would not have been dispossessed from the respective lands. The statutory remedies as against the order of eviction has been foreclosed which is a violation of principles of natural justice. Moreover the writ petitioners could have established their title and possession and they could have prove that the allegation of trespass is false. The writ petitioners have not been given a breathing time to avail their statutory and civil remedies on a mistaken interpretation of the order of this Honourable High court. 5. Regarding the averments contained in Paragraph 5 and

¶736

¶737

WP.(C)No.14342 of 2019 & con.cases

¶738

6 it is submitted that as averred in Paragraph No. 24 of the writ petition, in the year 2009 a meeting was conducted in the chambers of the 4^th respondent which was attended by the official respondents and the representative of the 8^th respondent. The writ petitioners or any of the affected parties or any of the elected representatives were present in the said meeting. As stated by the writ petitioners in the writ petition, in the year 2010 the then officials of the 7^th and 5^th respondents fraudulently induced the writ petitioners to sign an undertaking that they will not obstruct the procession. The writ petitioners are unaware about the alleged encroachments and its eviction stated in the counter affidavit of the 4th respondent.

¶739

It is respectfully submitted that all the averments contained paragraph Nos.7 and 8 are false and hence denied. The averments in the counter affidavit of the 4th respondent with respect to the initiation and finalisation of proceedings, against the writ petitioners under the Land Conservancy Act in the year 2010 is very vague. It is only stated in the counter affidavit that "most of the encroachers appeared before the officer and file statements". As stated above the writ petitioners only submitted that they will not obstruct the procession. The 4^th respondent further states that final orders in all independent cases have been passed. But this is absolutely wrong and hence denied. None of the writ petitioners were served with any final orders till today. The 4^th respondent has not produced anything with respect to the issuance of the final order and also the proof which it

¶740

¶741

WP.(C)No.14342 of 2019 & con.cases

¶742

has been served on the writ petitioners. No final order under Section 15 of the Kerala Land Conservancy Act, 1957 has been passed so that the writ petitioners can file appeal under Section 16 of the above said Act. If the 4^th respondent now serves the final order on the writ petitioners, the writ petitioners can file appeal and by virtue of Section 17(2) of the Kerala Land Conservancy Act, 1957, the appellate authority can condone the delay. The 4^th respondent or his authorised officers have to follow the procedure contemplated under Rule 11 of the Kerala Land Conservation Rules, 1958. But in the present case no such procedure has been complied with. The 4^th respondent cannot content that they had followed all due procedure and notices were issued to all concerned. In a similar writ petition W.P.(C)No.14123 of 2021 in Exhibit P11 it is informed by the Tahasildar that no notice was issued to the writ petitioner in that case. As far as the writ petitioners in this writ petition are concerned they got the property from their predecessors and they have constructed houses in the property and residing there and some of the writ petitioners have gifted the properties to their children and the same is in their occupation. Only if final orders have been served on the writ petitioners then only they can file an appeal. In Ground J of the writ petition the writ petitioners have stated that against the notices impugned in this writ petition, they have a right of appeal. But the appellate authorities are not entertaining them stating that the proceedings are initiated on the basis of interim direction passed in W.P.(C)No.14342/2019. But this court never directed the official respondents to

¶743

¶744

WP.(C)No.14342 of 2019 & con.cases

¶745

evict the writ petitioners or similarly placed persons without following the due procedure established under the law.

¶746

Regarding the averments contained in paragraph No 9 to 11 it is submitted that writ petitioners are not served with any final order so that they can file an appeal. The existence of an alternative remedy is not a bar for this Honourable Court for exercising its power under Article 226 of the Constitution of India. The writ petitioners are entitled for the reliefs sought in the above writ petition and it is prayed that this Honourable Court may be kind enough to allow the above writ petition.”

¶747

W.P.(C)No.14122 of 2021:- The petitioner, who is the

¶748

owner in possession of 2.02 Ares of land in old Sy.No.332/10-3 of Kozhencherry Village covered by Ext.P1 settlement deed No.2 of 2018 of Sub Registrar Office, Kozhencherry, has filed this writ petition seeking a writ of certiorari to quash Ext.P6 notice dated 17.05.2021 issued by the 8^th respondent Assistant Engineer (Roads), Public Works Department, Kozhencherry and Ext.P7 mahazar dated 28.04.2021, wherein it is alleged that she had encroached Thiruvabharana Patha and she was asked to vacate

¶749

the encroachment within seven days. The petitioner has also sought for a declaration that Ext.P6 notice and Ext.P7 mahazar

¶750

prepared by the 5^th respondent along with other officers of survey department are illegal as the same is prepared and

¶751

¶752

WP.(C)No.14342 of 2019 & con.cases

¶753

issued without following any due procedures established under the law and without applying the mind; for a writ of mandamus directing respondents 4 to 8 to conduct fresh survey and measurement after giving proper notice to the petitioner in accordance with title deeds and survey sketches; for a declaration that the present survey and measurement conducted by the 5^th respondent along with other officers of survey department relied on by the 8^th respondent are improper and illegal; for a writ of mandamus or any other writ or order directing the 1^st respondent State to convene a meeting and to take a decision in the matter in accordance with law after hearing all the stakeholders; for a direction directing respondents 4 to 8 not to take any further action till a decision is taken by the 1^st respondent State.

¶754

7.1. The document marked as Exts.P2 and P3 are the tax receipts dated 24.01.2004 and 21.08.2019. The document marked as Ext.P4 is the possession certificate dated 05.03.2018 and Ext.P5 is the certificate of occupation and year of construction of the building dated 16.06.2021. On receipt of Exts.P6 and P7, the petitioner submitted Exts.P8 to P10 applications under the Right to Information Act, to get the

¶755

¶756

WP.(C)No.14342 of 2019 & con.cases

¶757

details of the Thiruvabharana Patha. The petitioner has also submitted Ext.P11 representation dated 06.06.2021 before the

¶758

1^st respondent State.

¶759

7.2. On 15.07.2021 when this writ petition came up for consideration, this Court passed an interim order, which reads as follows:

¶760

“In the connected matters, the District Collector Pathanamthitta, who is the 4^th respondent in this captioned writ petition, was directed to file an affidavit on or before 27.07.2021. List the matter on 29.07.2021. Hence, the captioned writ petition be listed along with DBP No.55 of 2018 and connected cases. There will be an interim order that till such time no coercive steps including demolition of structures and also dispossession of the persons now in possession of the property in question shall be effected. We will make it clear that the persons now in possession of the properties involved in the writ petition shall not effect any demolition activities and shall not fell trees standing in the said properties. We also make it clear that this order will not stand in the way of the authorities in issuing notices to persons who have allegedly encroached upon the properties, for the purpose of initiating actions under the Land Conservancy Act, in accordance with law”

¶761

7.3. The said interim order, which was extended from time

¶762

to time, is still in force. On 30.07.2021 when this matter came

¶763

up for admission, this Court issued urgent notice by speed post

¶764

¶765

WP.(C)No.14342 of 2019 & con.cases

¶766

to respondents 6 and 7.

¶767

W.P.(C)No.14123 of 2021:- The 2^nd petitioner is in ownership and possession of 12.14 Ares of land in Sy.No.282/13-2-1, 282/13-2, 282/13-2-3 & 282/13-2-4 of Kozhencherry Village covered by Ext.P3 sale deed No.470/2004 of Sub Registrar Office, Kozhencherry. The document marked as Ext.P4 is the tax receipt dated 18.09.2020. The 1^st petitioner is the husband of the 2^nd petitioner. The petitioners have filed this writ petition seeking a writ of certiorari to quash Ext.P1 notice dated 17.05.2021 issued by the 4^th respondent Village Officer, Kozhencherry, Ext.P6 mahazar dated 28.04.2021 prepared by the 4^th respondent and Ext.P7 sketch dated 28.04.2021 prepared by the 4^th respondent. The petitioners have also sought for a writ of mandamus directing the 3^rd respondent District Collector to consider and pass orders on Ext.P9 appeal submitted by the petitioners after affording an opportunity of being heard to the petitioners; for a direction directing the 7^th respondent Secretary of the Kozhenchery Grama Panchayat not

¶768

to proceed further with Ext.P1 notice till a decision is taken on Ext.P9 appeal by the 3^rd respondent District Collector; and for a declaration that Exts.P1, P6 and P7 are illegal and the same is

¶769

¶770

WP.(C)No.14342 of 2019 & con.cases

¶771

not binding on the petitioners.

¶772

8.1. The document marked as Ext.P5 is the appeal filed by the 1^st petitioner before the 5^th respondent Revenue Divisional Officer, Adoor. The document marked as Ext.P8 is the judgment dated 15.06.2021 of this Court in W.P(C).No.11801 of 2021 whereby that writ petition was dismissed as withdrawn without prejudice to the right of the 2^nd petitioner to avail statutory remedy. The document marked as Ext.P9 is the appeal filed by the 2^nd respondent before the 3^rd respondent District Collector. The document marked as Ext.P10 is an application made by the petitioner under the Right to Information Act to get the details of Thiruvabharana Patha and Ext.P11 is the reply dated 08.06.2021. The document marked as Ext.P12 is the letter dated 24.06.2021 issued by the 9^th respondent Tahsildar (LR).

¶773

8.2. On 15.07.2021, this Court passed an interim order. The said interim order, which was extended from time to time, is still in force. On 30.07.2021 when this writ petition came up for admission, this Court issued urgent notice by speed post to respondents 6 and 8. 9. W.P.(C)No.14264 of 2021:- The petitioners are in

¶774

¶775

WP.(C)No.14342 of 2019 & con.cases

¶776

joint ownership and possession of 2.02 Ares of land in old Sy.No.519/13-2-1 of Kozhencherry Village covered by Ext.P1 sale deed No.610/13 of Sub Registrar Office, Kozhencherry. The document marked as Ext.P2 is the land tax receipt dated 27.07.2020 issued by the 5^th respondent Village Officer. The petitioners were issued with Ext.P3 notice dated 17.05.2021 of the 6^th respondent Kozhencherry Grama Panchayat whereby they are asked to vacate the alleged encroachment in Thiruvabharana Patha. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P3 notice dated 17.05.2021; for a declaration that the notices and mahazars, if any, prepared by the 5^th and 6^th respondents along with other officers of Survey Department are illegal as the same is prepared and issued without following any due procedures established under the law and without applying the mind; a writ of mandamus directing respondents 4 to 8 to conduct fresh survey and measurement after giving proper notice to the petitioners in accordance with title deeds and survey sketches; for a declaration that the present survey and measurement conducted by the 5^th respondent Village Officer along with other officers of survey

¶777

¶778

WP.(C)No.14342 of 2019 & con.cases

¶779

department relied on by the 6^th respondent Grama Panchayat are improper and illegal; a writ of mandamus directing the 1^st respondent State to convene a meeting and to take a decision in this matter in accordance with law after hearing all the stakeholders; for a direction directing respondents 4 to 7 not to take any further action till a decision is taken by the 1^st respondent State.

¶780

9.1. On 16.07.2021 when this writ petition came up for admission this Court passed the following order:

¶781

“In the connected matters, the District Collector Pathanamthitta, who is the 3^rd respondent in this captioned writ petition, was directed to file an affidavit on or before 27.07.2021. List the matter on 29.07.2021. Hence, the captioned writ petition be listed along with DBP No.55 of 2018 and connected cases.

¶782

There will be an interim order that till such time no coercive steps including demolition of structures and also dispossession of the persons now in possession of the property in question shall be effected. We will make it clear that the persons now in possession of the properties involved in the writ petition shall not effect any demolition activities and shall not fell trees standing in the said properties. We also make it clear that this order will not stand in the way of the authorities in issuing notices to persons who have allegedly encroached upon the properties, for the purpose of initiating actions under the

¶783

¶784

WP.(C)No.14342 of 2019 & con.cases

¶785

Land Conservancy Act, in accordance with law. way of the authorities in issuing notices to persons who have allegedly encroached upon the properties, for the purpose of initiating actions under the Land Conservancy Act, in accordance with law.”

¶786

9.2. The said interim order, which was extended from time

¶787

to time is still in force. On 30.07.2021 when this writ petition came up for admission, this Court issued urgent notice by speed post to respondents 6 and 8.

¶788

W.P.(C)No.14353 of 2021:- The petitioners are the residents of Aranmula Village, having landed properties located abutting Panthalam-Aranmula PWD road, who have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari for quashing Exts.P4, P10, P15, P21, P27, P28 and P29 eviction notices; a writ of mandamus or any other writ, order or direction, commanding respondent Nos.5, 6 and 8 to issue copies of all records relied upon by them for issuing Exts.P4, P10, P15, P21, P27, P28 and P29 to the petitioners; for a direction to 8^th and 9^th respondents to conduct a fresh survey measurement of the property of petitioners in the light of their title documents, revenue records, old survey records and re-survey records, with due notice to the petitioners; a writ of mandamus commanding the 8^th respondent or any

¶789

¶790

WP.(C)No.14342 of 2019 & con.cases

¶791

other competent respondents to consider Exts. P5, P11, P16, P22, P30, P31 and P32 objections after considering the title documents and records of petitioners and to grant them a fair opportunity for hearing, after complying with above Relief Nos. ii & iii and pass appropriate orders upon the same in accordance with law.

¶792

10.1. Going by the averments in the writ petition, the 1^st petitioner is the title holder of the property having an extent of 7.31 Ares of land in Re.Sy.No.455/2 of Aranmula Village covered by Ext.P1 sale deed No.1001 of 2001 of Sub Registrar Office, Aranmula. Ext.P2 is the tax receipt dated 14.08.2020 issued by the 6^th respondent Village Officer in the name of the 1^st petitioner. The 2^nd petitioner along with his wife are the title holder of the property having an extent of 6.80 Ares of land in Re.Sy.No.455/2-4 of Aranmula Village covered by Ext.P6 sale deed No.9 of 2005 of Sub Registrar Office, Aranmula. Ext.P7 is the tax receipt dated 27.04.2021 issued by the 6^th respondent Village Officer in the name of the 2^nd petitioner. The 3^rd petitioner is the title holder of the property having an extent of 17.91 Ares of land in Re.Sy.No.455/1 of Aranmula Village covered by Ext.P13 settlement deed No.571 of 2020 of Sub Registrar Office,

¶793

¶794

WP.(C)No.14342 of 2019 & con.cases

¶795

Aranmula. Ext.P14 is the land tax receipt dated 07.08.2020 in the name of the 3^rd petitioner. The 4^th petitioner is the title holder

¶796

of the property having an extent of 17.51 Ares of land in Re.Sy.No.455/2-2 of Aranmula Village along with other properties covered by Partition deed No.554 of 2000. Ext.P18 is the land tax receipt dated 16.06.2021 issued in the name of the 4^th petitioner. The 5^th petitioner is the title holder of the property having an extent of 12.14 Ares of land in Re.Sy.No.179/13-1 of Aranmula Village covered by Ext.P23 settlement deed No.965 of 2020 of Sub Registrar Office, Aranmula. Ext.P25 is the copy of the land tax receipt dated 23.11.2020 issued in the name of the 5^th petitioner.

¶797

10.2. On 19.07.2021 when this writ petition came up for admission, this Court admitted the matter on file and passed an interim order. The said interim order, which was extended from time to time, is still in force.

¶798

W.P.(C)No.14577 of 2021:- The 1^st petitioner is the title holder of the property having an extent of 11.36 Ares of land in Re.Sy.No.181/12, 181/21 and 181/26 of Aranmula Village covered by Ext.P1 settlement deed No.483 of 2000 of Sub Registrar Office, Aranmula. Ext.P2 is the copy of the land

¶799

¶800

WP.(C)No.14342 of 2019 & con.cases

¶801

tax receipt dated 23.04.2021 issued in the name of the 1^st petitioner. The 2^nd petitioner is the title holder of the property having an extent of 2.63 Ares of land in Re.Sy.No.181/21-1 of Aranmula Village covered by partition deed No.1066 of 1987 of Sub Registrar Office, Aranmula. Ext.P9 is the copy of the land tax receipt dated 23.04.2021 issued in the name of the 2^nd petitioner. The 3^rd petitioner is the title holder of the property having an extent of 2.02 Ares of land in Re.Sy.No.174/6 of Aranmula Village covered by Ext.P16 partition deed No.1235 of 2009 of Sub Registrar Office, Aranmula. Ext.P17 is the copy of the land tax receipt dated 02.07.2021 issued in the name of the 3^rd petitioner. The 4^th petitioner along with his wife are the title holders of the property having an extent of 5.60 Ares of land in Sy.No.30/7A2, 3, 4 of Aranmula Village covered by Ext.P23 settlement deed No.1439 of 1999 of Sub Registrar Office, Aranmula. Ext.P24 is the copy of the land tax receipt dated 10.09.2020 issued in the name of the 4^th petitioner and his wife. The 5^th petitioner is the title holder of property having an extent of 03.42 Ares in Re.Sy.No.181/11, 181/20-1 and 181/21-2 of Aranmula Village covered by Ext.P29 Udambady No.1370 of 1985 of the Sub Registrar Office, Aranmula. Ext.P30 is the tax

¶802

¶803

WP.(C)No.14342 of 2019 & con.cases

¶804

receipt dated 18.06.2020 issued to the 5^th petitioner by the Village Officer, Aranmula. The 6^th petitioner is the title holder of property having an extent of 04.05 Ares in Re.Sy.No.77/4 and 77/5 of Aranmula Village covered by Ext.P36 Settlement Deed No.1137 of 1993 of the Sub Registrar Office, Aranmula. Ext.P37 is the tax receipt dated 01.02.2021 issued to the 6^th petitioner by the Village Officer, Aranmula. The 7^th petitioner is the title holder of property having an extent of 06.30 Ares in Re.Sy.No.171/8 and 171/9 of Aranmula Village covered by Ext.P43 Settlement Deed No.1533 of 2006 of the Sub Registrar Office, Aranmula. Ext.P44 is the tax receipt dated 17.06.2020 issued to the 7^th petitioner by the Village Officer, Aranmula. The son and wife of the 8^th petitioner are the title holder of property having an extent of 11.66 Ares in Re.Sy.No.171/2 of Aranmula Village covered by Ext.P50 Sale Deed No.17 of 2020 of the Sub Registrar Office, Aranmula. Ext.P51 is the tax receipt dated 21.01.2020 for the property covered by Ext.P50. The 9^th petitioner is the title holder of property having an extent of 02.20 Ares in Re.Sy.No.171/6 of Aranmula Village covered by Ext.P57 Settlement Deed No.641 of 2017 of the Sub Registrar Office, Aranmula. Ext.P58 is the tax receipt dated 24.06.2020

¶805

¶806

WP.(C)No.14342 of 2019 & con.cases

¶807

issued to the 9^th petitioner by the Village Officer, Aranmula. The husband of the 10^th petitioner is the title holder of property having an extent of 1.55 Ares in Re.Sy.No.171/10 of Aranmula Village covered by Ext.P72 sale deed No.593 of 2008 of the Sub Registrar Office, Aranmula. Ext.P73 is the copy of tax receipt dated 28.05.2021 issued by the Village Officer, Aranmula in respect of the property covered by Ext.P72. The 11^th petitioner is the title holder of property having an extent of 10.52 Ares in Re.Sy.No.179/4-1 of Aranmula Village covered by sale deed No.735 of 1993 of the Sub Registrar Office, Aranmula. Ext.P79 is the copy of the tax receipt dated 13.07.2020 issued to the 11^th petitioner by the Village Officer, Aranmula. The sons of the 12^th petitioner are the title holders of property having an extent of 01.92 Ares each in Re.Sy.No.177/2 of Aranmula Village covered by Ext.P85 partition deed No.1210 of 2015 of the Sub Registrar Office, Aranmula. Exts.P86 and 87 are the copies of the tax receipt dated 08.01.2021 issued to the sons of the 12^th petitioner by the Village Officer, Aranmula. The 13^th petitioner is

¶808

the title holder of property having an extent of 4.5 Ares in Sy.No.76/2 of Aranmula Village covered by Ext.P95 sale deed No.193 of 1983 of the Sub Registrar Office, Aranmula. Ext.P96

¶809

¶810

WP.(C)No.14342 of 2019 & con.cases

¶811

is the copy of the tax receipt dated 09.06.2021 issued to the 13^th petitioner by the Village Officer, Aranmula. The husband of the 14^th petitioner is the title holder of property having an extent of 3.84 Ares in Re.Sy.No.177/2-1 of Aranmula Village covered by Ext.P103 settlement deed No.1238 of 2013 of the Sub Registrar Office, Aranmula. The husband of the 14^th petitioner is also having other properties. Ext.P104 is the copy of the tax receipt dated 22.06.2020 issued by the Village Officer, Aranmula to the husband of the 14^th petitioner in respect of another property having an extent of 10.49 Ares. The 15^th petitioner along with her mother and brother are the title holders of property having an extent of 39.20 Ares in Re.Sy.No.179/3 of Aranmula Village covered by Ext.P109 sale deed No.421 of 2008 of Sub Registrar Office, Aranmula. Ext.P110 is the copy of the tax receipt dated 09.07.2021 issued by the Village Officer, Aranmula in respect of the property covered by Ext.P110. The 16^th petitioner is the title holder of the property having an extent of 13.35 Ares in Sy.No.76/4 of Aranmula Village covered by sale

¶812

deed No.1304 of 1982 of Sub Registrar Office, Aranmula. Ext.P115 is the copy of the tax receipt dated 17.02.2020 issued by the Village Officer, Aranmula to the 16^th petitioner.

¶813

¶814

WP.(C)No.14342 of 2019 & con.cases

¶815

11.1. The petitioners have filed this writ petition seeking a writ of certiorari quashing Exts.P3, P5, P6, P8, P10, P12, P13,

¶816

P15, P18, P20, P22, P25, P27, P31, P33, P35, P38, P39, P40, P42, P45, P46, P47, P49, P52, P53, P54, P56, P59, P61, P62, P64, P67, P69, P71, P74, P75, P76, P78, P80, P82, P83, P90, P91, P93, P94, P97, P99, P100, P102, P105, P106, P108, P111, P113, P116, & P117 eviction notices; a writ of mandamus commanding respondents 5, 6 and 8 to issue copies of all records relied upon by them for issuing Exts. P3, P5, P6, P8, P10, P12, P13, P15, P18, P20, P22, P25, P27, P31, P33, P35, P38, P39, P40, P42, P45, P46, P47, P49, P52, P53, P54, P56, P59, P61, P62, P64, P67, P69, P71, P74, P75, P76, P78, P80, P82, P83, P90, P91, P93, P94, P97, P99, P100, P102, P105, P106, P108, P111, P113, P116, & P117 to the petitioners; direct 8^th and 9^th respondents to conduct a fresh survey measurement of the property of the petitioners in the light of their title documents, revenue records, old survey records and re-survey records, with due notice to the petitioners; for a writ of

¶817

mandamus commanding the 8^th respondent or any other competent respondents to consider Exts.P4, P7, P11, P14, P19, P21, P26, P28, P32, P34, P41, P48, P55, P60, P63, P68, P70,

¶818

¶819

WP.(C)No.14342 of 2019 & con.cases

¶820

P77, P81, P84, P88, P89, P92, P98, P101, P107, P112, P114, &

¶821

P118 objections after considering the title documents and records of petitioners and to grant them a fair opportunity for hearing, after complying with relief Nos. ii & iii and pass appropriate orders upon the same.

¶822

11.2. A counter affidavit has been filed by respondents 7 and 8. Paragraphs 2 to 8 of the said counter affidavit read thus:

¶823

“2. It is submitted that the writ petition lacks merit and is unsustainable in law and facts. All averments in the petition are hereby denied unless specifically admitted hereunder. The reliefs sought for in the writ petition are not liable to be granted.

¶824

Furthermore, any allegedly illegal action of the 1^st or 2^nd respondent is appealable under Section 276 of the Kerala Panchayat Raj Act, 1994. Therefore, in view of the availability of alternate efficacious remedy, this Honourable Court is not bound to exercise its discretion under Article 226 of the Constitution of India.

¶825

It is submitted that the petitioners have encroached into the Panchayat Road which forms the Thirvabharana patha' and made unauthorised occupation of the said puramboke land, actionable and punishable as per the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996. It is well settled that the Panchayat has the adequate authority to take such actions to recover Panchayat lands from the encroachers [2019 (3) KHC 545,

¶826

¶827

WP.(C)No.14342 of 2019 & con.cases

¶828

2009 (2) KHC 143 etc).

¶829

The Thiruvabharanapatha is recorded in the Assets Register of the Panchayat as Sl.No.6 in the name of 'Ayyamkoyikalpadi-Kakkamodi Road' having 100m length and 3.7m width and also as Sl.No.35 in the name of 'Kaarmoottilpadiputhenpurakkalpadi Road' having 400m length and 3m width. It is found that the petitioners have encroached into the said public road owned and maintained by the Panchayath.

¶830

The issue of encroachment of the thiruvabharana patha leading to Sabarimala temple was raised in the writ petition W.P.(C)No.14342/2019. Both D.B.P.No.55/2018 and W.P.(C)No.14342/2019 were tagged together and various interim orders were passed by this Honourable Court. The 3^rd respondent District Collector, acting in compliance with these orders, issued Letter No.C1231466/09 dated 15.2.2021 to the 7^th respondent Panchayat directing the Panchayat to take immediate steps to remove the encroachments, consequent to which the Panchayat has taken steps under the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996. Now the Panchayat has already removed encroachments made by 25 of such encroachers and has also erected sign boards in the thiruvabharana patha warning the public against any future encroachments. It is submitted that the District Collector has also initiated proceedings for removal of encroachments under the Kerala Land Conservancy Act, 1957 wherein the authorities have already identified and demarcated the

¶831

¶832

WP.(C)No.14342 of 2019 & con.cases

¶833

encroachments and have issued notice to the unauthorised occupants with notice and then remitted the matter to the Panchayat for further action.

¶834

It is submitted that the Panchayath has initially issued notices under Rule 5(1) of the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996 to the petitioners seeking their objections to the proposed action of removal of encroachment after prima facie observing that the petitioners have encroached into the Panchayath road. The Panchayath has then considered the detailed objections from all the petitioners herein and then only have proceeded to issue the final notices under Rule 5(2) of the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996 granting them the statutory period of seven days to remove the encroachments. It is submitted that the said notices were issued only after properly considering the petitioners' objections and after recording the satisfaction of the Panchayath that the explanations given by the petitioners are not satisfactory. Hence it is submitted that the petitioners have been afforded sufficient and fair opportunity before the impugned final notices were issued by the Panchayath seeking the removal of encroachment.

¶835

The petitioners were and their objections were considered in accordance with law before the final impugned notices were issued by the Panchayath. Therefore the Panchayath has not acted in any arbitrary manner nor the Panchayath has violated principles of

¶836

¶837

WP.(C)No.14342 of 2019 & con.cases

¶838

natural justice while issuing the impugned notices. All the requisite procedures under the Kerala Panchayath Raj Act and the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996 have been complied with before issuing final notices for removal of encroachment.”

¶839

W.P.(C)No.14800 of 2021:- The petitioners are stated

¶840

to be landless persons, who belong to Scheduled Caste (HinduPulaya) Community, who were permitted by the 1^st respondent State to occupy small extent of Government land (puramboke) in which they were residing for the last several decades. The petitioners are aggrieved by the notices issued by respondents 5 and 8, who are now claiming that the petitioners have encroached into the alleged Thiruvabharana Patha. The abovesaid respondents are threatening to evict the petitioners and to demolish their residential houses. The petitioners have been issued with possession documents in respect of their residential property by the Tahsildar, Kozhenchery, more than two decades ago. Copy of the possession documents issued by the Tahsildar, Kozhenchery in the name of the petitioners are marked as Exts.P1, P1(a) and P1(b) respectively.

¶841

12.1. The petitioners have filed this writ petition under

¶842

Article 226 of the Constitution of India seeking a writ of certiorari

¶843

¶844

WP.(C)No.14342 of 2019 & con.cases

¶845

for quashing Exts. P5, P5(a), P7, P7(a), P7(b), P8, P8(a), P8(b) and P10 eviction notices; a writ of mandamus commanding the respondents 5, 6 and 8 to issue copies of all records relied upon

¶846

by them for issuing Exhibits P5, P5(a), P7, P7(a), P7(b), P8, P8(a), P8(b) and P10 to the petitioners; for a direction directing 8^th and 9^th respondents to conduct a fresh survey measurement of the property of petitioners in the light of their possession documents, revenue records, old survey records and re-survey records, with due notice to the petitioners; a writ of mandamus commanding the 8^th respondent or any other competent respondents to consider Exts.P6, P6(a), P9, P9(a) and P9(b) objections, after considering Exhibit P1, P1(a) and P1(b) documents and records of petitioners and to grant them a fair opportunity for hearing, after complying with relief Nos. ii & iii and pass appropriate orders upon the same in accordance with

¶847

law; for a direction directing the respondents to provide alternate residential houses to petitioners and their family members, in the event of finding that demolition of houses/taking over of property covered under Exts.P1, P1(a) and P1(b) is necessary for carving out Thriuvabharana Patha.

¶848

12.2. A counter affidavit has been filed by respondents 7

¶849

¶850

WP.(C)No.14342 of 2019 & con.cases

¶851

and 8 similar to that filed in W.P.(C)No.14577 of 2021.

¶852

12.3. On 26.07.2021 when this writ petition came up for

¶853

admission, this Court admitted the matter on file and passed an interim order. The said interim order, which was extended from time to time, is still in force.

¶854

W.P.(C)No.15134 of 2021:- The petitioner is a resident of Ward No.XI of Kozhencherry Grama Panchayat. He owns a small extent of land covered by Ext.P3 partition deed No.1428 of Sub Registrar Office, Kozhencherry. Ext.P1 is the land tax receipt. Ext.P2 is the property tax remittance in respect of the residential building bearing No.11/98 of Kozhenchery Grama Panchayat. The petitioner has filed this writ petition seeking a writ of certiorari to quash Exts.P5 notice dated 17.05.2021 and P6 notice dated 09.07.2021 issued by the 1^st respondent Grama Panchayat; for a declaration that any action including eviction in connection with a road which is vested with a Village Panchayat can be taken only in adherence of the provisions of Act, 1994 and procedure contemplated under Rules, 1996; also for a declaration that no action including eviction can be taken in connection with a road, which is vested with the Village Panchayat by resorting G.O.(P)No. 191/2016/RD, dated

¶855

100

¶856

WP.(C)No.14342 of 2019 & con.cases

¶857

01.03.2016 No.204/2016) or the provisions of Act, 1957; for a writ of mandamus commanding the respondents not to interfere

¶858

with the possession, enjoyment and ownership of the petitioner's property which is covered by Ext.P3 partition deed.

¶859

13.1. On 29.07.2021, when this writ petition came up for admission, this Court admitted the matter on file and passed an interim order. The said interim order, which was extended from time to time, is still in force.

¶860

W.P.(C)No.15159 of 2021:- The petitioner is in ownership and possession of 11.200 cents of land in Block No.3 in Sy.Nos.274/10/1 and 274/10/1/2 of Ayiroor Village. Ext.P1 is the sale deed No.761 of 2005 dated 27.05.2020. The prior document is partition deed No.704/2005. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P3 notice No.A42390/2020 dated 12.04.2021 and Ext.P5 notice No.A31296/2021 dated 24.06.2021 issued by the 5^th respondent Grama Panchayat directing the petitioner to demolish the boundary wall mentioned in Ext.P3 notice No.A4-2390/2020 dated 12.04.2021 issued by the 5^th respondent situated in Ext.P1 property; to issue a writ of mandamus directing the 2^nd

¶861

101

¶862

WP.(C)No.14342 of 2019 & con.cases

¶863

respondent to consider and pass orders on the Ext.P6 appeal dated 28.06.2021 filed by the petitioner; and to award cost of the writ petition from the respondents.

¶864

14.1. On 29.07.2021 when this writ petition came up for

¶865

admission, this Court passed an interim order. The said interim order which is extended from time to time is still in force.

¶866

W.P.(C)No.15686 of 2021:- The 1^st petitioner is the

¶867

title holder of the property covered by Exts.P1 and P1(a) sale deeds and P2 tax receipt dated 02.07.2021. The 2^nd petitioner is the title holder of the property covered by Ext.P7 sale deed. Ext.P8 is the tax receipt dated 22.09.2020 issued in the name of the 2^nd petitioner. The petitioners have filed this writ petition seeking a writ of certiorari quashing Ext.P3 notice dated 12.05.2021 issued by the 8^th respondent Grama Panchayat, P4 notice dated 29.06.2021 issued by the 5^th respondent Tahsildar and P9 notice dated 12.05.2021 and quash the same; issue a writ of mandamus commanding respondents 5, 6 and 8 to issue copies of all records relied upon by them for issuing Exts.P3, P4, and P9 to the petitioners; to direct respondents 8 and 9 to conduct a fresh survey measurement of property of petitioners in the light of their title documents, revenue records, old survey

¶868

102

¶869

WP.(C)No.14342 of 2019 & con.cases

¶870

records and re-survey records, with due notice to the petitioners; a writ of mandamus or any other writ, order or direction, commanding the respondents 5 and 8 or any other competent respondents to consider Exts.P5, P6, P10 & P11 after considering the title documents and records of petitioners and to grant them a fair opportunity for hearing, after complying with relief Nos. ii & iii and pass appropriate orders upon the same in accordance with law.

¶871

15.1. On 12.08.2021, when this writ petition came up for admission, this Court passed an interim order. The said interim order which was extended from time to time is still in force.

¶872

W.P.(C)No.16719 of 2021:- The petitioners are in

¶873

possession of 17.59 Ares of land covered by Exts.P1, P1(a), P1(b) sale deeds and Ext.P2 tax receipt. The petitioners have filed this writ petition seeking a writ of certiorari calling for the records pertaining to Ext.P3 notice dated 17.05.2021 issued by the 6^th respondent Kozhencherry Grama Panchayat and quash the same; to declare that the notices and mahazars, if any, prepared by respondents 5 and 6 along with other officers of survey department are illegal as the same is prepared and issued without following any due procedures established under the law

¶874

103

¶875

WP.(C)No.14342 of 2019 & con.cases

¶876

and without applying the mind; a writ of mandamus commanding respondents 4 to 8 to conduct fresh survey and measurement after giving proper notice to the petitioner in accordance with title deeds and survey sketches; to declare that the present survey and measurement conducted by the 5^th respondent along with other officers of survey department relied on by the 6^th respondent are improper and illegal; a writ of mandamus commanding the 1^st respondent to convene a meeting and to take a decision in the matter in accordance with law after hearing all the stakeholders; a writ of mandamus commanding respondents 4 to 8 not to take any further action till a decision is taken by the 1^st respondent.

¶877

16.1. On 13.08.2021 when this writ petition came up for admission, this Court passed an interim order. The said interim order which was extended from time to time is still in force.

¶878

W.P(C)No.16856 of 2021:- The petitioner is the absolute owner in possession of 18.20 Ares of land in old Sy.Nos.276/14A, 276/19A, 276/17-1, 276/14B of Kozhencherry Village by virtue of Ext.P1 Will No.85/2004 of SRO, Kozhencherry. Thereafter, the petitioner transferred an extent of 11.74 Ares of property covered by Ext.P1 to his wife vide Ext.P2 settlement

¶879

104

¶880

WP.(C)No.14342 of 2019 & con.cases

¶881

deed No.1038/2005 of SRO, Kozhencherry. The petitioner has filed this writ petition seeking a writ of certiorari to quash Ext. P4 notice dated 17.05.2021 and Ext.P5 mahazar dated 28.04.2021; to declare that the notices and mahazars prepared by the 5^th respondent along with other officers of Survey Department are illegal as the same is prepared and issued without following any due procedures established under the law and without applying mind; a writ of mandamus commanding the respondents 4 to 8 to conduct fresh survey and measurement after giving proper notice to the petitioner in accordance with title deeds and survey sketches; to declare that the present survey and measurement conducted by the 5^th respondent along with other officers of survey department relied on by the 8^th respondent are improper and illegal; to issue a writ of mandamus commanding the 1^st respondent to convene a meeting and to take a decision in this matter in accordance with law after hearing all the stakeholders; to issue a writ of mandamus or any other writ or order directing respondents 4 to 8 not to take any further action till a decision is taken by the 1^st respondent.

¶882

105

¶883

WP.(C)No.14342 of 2019 & con.cases

¶884

17.1. On 13.08.2021 when this writ petition came up for

¶885

admission, this Court passed an interim order. The said interim order which was extended from time to time is still in force.

¶886

W.P(C)No.16987 of 2021:- The petitioner’s father

¶887

was in absolute possession of 14.35 Ares of land as per sale deed No.1223/1970 of SRO, Kozhencherry as evidenced by Ext.P1 thandaper register. Ext.P2 is the tax receipt in the name of petitioner’s brother and his wife. Ext.P3 is the copy of the land

¶888

tax receipt issued in the name of petitioner’s late father. The petitioner has filed this writ petition seeking a writ of certiorari to quash Ext.P4 notice dated 09.07.2021 and Ext.P5 notice dated 20.07.2021 issued by the 6^th respondent Grama Panchayath and Ext.P6 rough sketch prepared by the Village Officer; to declare that the notices and mahazars, if any, prepared by the 5^th and 6^th respondents along with other officers of Survey Department are illegal as the same is prepared and issued without following any due procedures established under the law and without applying mind; to issue a writ of mandamus directing respondents 4 to 8 to conduct fresh survey and measurement after giving proper notice to the petitioner in accordance with title deeds and survey sketches; to declare that

¶889

106

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WP.(C)No.14342 of 2019 & con.cases

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the present survey and measurement conducted by the 5^th respondent along with other officers of survey department relied on by the 6^th respondent are improper and illegal; to issue a writ of mandamus directing the 1^st respondent to convene a meeting and to take a decision in the matter in accordance with law after hearing all the stakeholders; to issue a writ of mandamus directing respondents 4 to 8 not to take any further action till a decision is taken by the 1^st respondent.

¶892

18.1. On 24.08.2021 when this writ petition came up for admission, this Court passed an interim order. The said interim order which was extended from time to time is still in force.

¶893

W.P.(C)No.30726 of 2021:- The petitioner is in

¶894

absolute ownership and possession of 6.10 Ares of land in ReSy.No.87/1 of Aranmula Village covered by Ext.P1 sale deed and Ext.P2 release deed. Ext.P3 is the land tax receipt dated 17.10.2020 issued in the name of the petitioner by the 5^th respondent. The petitioner has filed this writ petition seeking a writ of certiorari to quash Ext.P4 notice dated 07.07.2021 issued by the 8^th respondent; to declare that the notices and mahazars prepared by the 5^th respondent along with other officers of Survey Department are illegal as the same is prepared and

¶895

107

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WP.(C)No.14342 of 2019 & con.cases

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issued without following any due procedures established under the law and without applying mind; to issue a writ of mandamus directing respondents 4 to 8 to conduct fresh survey and measurement after giving proper notice to the petitioner in accordance with title deeds and survey sketches; to declare that the present survey and measurement conducted by the 5^th respondent along with other officers of Survey Department relied on by the 8^th respondent are improper and illegal; to issue a writ of mandamus directing the 1^st respondent to convene a meeting and to take a decision in this matter in accordance with law after hearing all the stakeholders; to issue a writ of mandamus directing respondents 4 to 8 not to take any further action till a decision is taken by the 1^st respondent.

¶898

19.1. On 03.01.2022 when this writ petition came up for admission, this Court ordered granted an order of status quo as on date. The said interim order of status quo, which was extended from time to time is still in force.

¶899

Heard detailed arguments of the learned counsel for the petitioner in the respective writ petitions, the learned Senior Government Pleader for the official respondents, the learned Standing Counsel for Travancore Devaswom Board, the learned

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108

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WP.(C)No.14342 of 2019 & con.cases

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counsel for the party respondents and also the learned Advocate Commissioner on various dates.

¶903

During the course of arguments, the learned counsel for the petitioner Samithi in W.P.(C)No.14342 of 2019 and also the learned Advocate Commissioner would submit that any further delay in completing the action pursuant to the survey which was conducted in the year 2009 cannot be permitted. Therefore the official respondents have to take necessary steps to ensure that all encroachments from Thiruvabharana Patha through which the sacred ornaments are being taken from Pandalam Palace to Sabarimala Sannidhanam, for adorning Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple, during Makarasamkrama pooja, are evicted in accordance with the survey conducted in the year 2009, within a time frame to be fixed by this Court. Though W.P.(C)No.14342 of 2019 is pending before this Court for the last more than three years, the Travancore Devaswom Board has not chosen to file any counter affidavit in that writ petition, in order to place on record its stand

¶904

in protecting Thiruvabharana Patha from any encroachments whatsoever. The learned Senior Government Pleader on behalf of the State and the official respondents would point out that

¶905

109

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WP.(C)No.14342 of 2019 & con.cases

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the boundary of the path leading from Pandalam Palace to Sabarimala Sannidhanam through which the sacred ornaments

¶908

of Lord Ayyappa is being taken to Sabarimala Sannidhanam during Makarasamkrama pooja has already been surveyed, as stated in the affidavits placed on record and separate mahazar in respect of each and every encroachment has also been prepared and it was based on those mahazars that proceedings were initiated against the respective encroachers, which is the subject matter of challenge in the writ petitions connected to W.P.(C)No.14342 of 2019. The learned counsel for the petitioner

¶909

in the respective writ petitions would raise various legal and factual contentions in order to challenge the proceedings initiated against the petitioners in the respective writ petitions. The common contention of the petitioners in the connected writ petitions is that the notice issued by the authorities whereby the petitioners in the respective writ petitions were asked to remove the encroachments on Thiruvabharana Patha is without following any due procedure established under the law, in violation of the principles of natural justice, inasmuch as none of the petitioners in the respective writ petitions were furnished with the mahazar marking the respective encroachments, along with the individual

¶910

110

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WP.(C)No.14342 of 2019 & con.cases

¶912

notices whereby they were required to remove the alleged encroachment. The petitioners in the respective writ petitions are claiming title over the alleged encroachments or a portion thereof on the strength of deeds, tax receipts, etc. which are placed on record in the respective writ petitions. In some of the writ petitions the petitioners have pointed out the decree passed by the civil court or the pendency of civil suit in respect of the property in question. Therefore, the contention of the petitioners in the respective writ petitions with specific reference to their title deed, the decree passed by the competent civil court, etc. has also to be considered by the competent authority, after furnishing them the individual mahazars of the alleged encroachments. It is also pointed out that the petitioners in W.P.(C)No.14800 of 2021 are landless persons, who belong to scheduled caste community, who were permitted by the State to occupy small extent of puramboke land. The learned Senior Government Pleader would then submit that the State Government shall certainly safeguard the interest of those landless persons, who were permitted to occupy small extent of puramboke land.

¶913

During the course of arguments, the learned

¶914

111

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WP.(C)No.14342 of 2019 & con.cases

¶916

Advocate Commissioner made reference to the monograph “Temples of Pathanamthitta District” published on 28.05.2019 by the Census of India, which contains details of 497 temples and write-up on 78 important temples in Pathanamthitta District. Section 2 deals with salient features of important temples. Sub-section 3 deals with important temples of Ranni Taluk. Sub-section 3.7 deals with Sree Ayyappa Temple, Sabarimala (page Nos.117 to 126). The relevant extracts of subsection 3.7, which deals with location, traditional path from Erumeli and traditional path from Pandalam are extracted hereunder;

¶917

“ Location : Sabarimala has tropical evergreen, semievergreen and deciduous forests. The outer limits of the Sabarimala temple have unique scenic beauty, religious-cultural heritage and rich spectrum of flora and fauna. It is also the catchment-area of the famous Pamba River and its tributaries. These forests form bulk of the reserve evergreen forests of the Periyar Game sanctuary (Tiger Reserve). The temple could be approached in ancient days only by forest foot paths via Erumeli, Satram, Uppupara and Laha (via Nilaykal and Attattot). Now there are six major routes to Sabarimala, of which two are from Erumeli viz. the existing trekking route and the other vehicular road formed under the Central Road Fund

¶918

112

¶919

WP.(C)No.14342 of 2019 & con.cases

¶920

(CRF) scheme via Pamba Valley touching Tulappalli and Elavunkal. The third route is the Tiruvabharanam route starting from Pantalam and touching important temples enroute and traversing through forest foot paths (via Laha – Nilaykal – Attattot). The fourth route is via Kozhikkanam, Uppupara and Pantitavalam to Sannidhanam . The fifth route passes through Vantiperiyar touching Mount Estate, Satram, Pulmet and Pantitavalam to Sannidhanam . The sixth route is via Perunat – Plappalli, Nilaykal and Chalakkayam. Of these, four traditional paths are important viz. (i) from Erumeli, (ii) Pantalam( Tiruvabharanam-path ), (iii) SatramPulmet and (iv) Uppupara – Pantitavalam. Salient features of these paths are briefly discussed.

¶921

(i) Traditional path from Erumeli : Of the above four traditional paths to Sabarimala, the first and most important one is the traditional path from Erumeli (42 km. up to Triveni and thence 4km. to Sannidhanam ), which Lord Ayyappa Himself used for His last journey from Erumeli to His abode at Sabarimala (after slaying Mahishi) before merging with the celestial power of Lord Sasta at Ponnambalamet. This path, passing through lofty hills and dense forests infested with wild animals, poisonous snakes etc., starts from behind the present Sree Erumeli Valiyambalam and passes through Kottappati, Peroortotu, Irumppoonnikkara, Arasumuti, Kalaketti, Azhuta, Azhuta River, Kallitamkunnu, Utumpara (Inchippara), Mukkuzhi,

¶922

113

¶923

WP.(C)No.14342 of 2019 & con.cases

¶924

Kariyilamtotu, Karimala peak, Valiyana tavalam (Valiyanavattam), Cheriyana tavalam (Cheriyanavattam) and Pamba-sarass. The important ita tavalams (halting places) located enroute from Erumeli to Pambasarass are Kalaketti and Valiyanavattam in addition to some minor tavalams like Irumppoonnikkara, where three temples (dedicated to Lord Siva, Sree Subramanya and Goddess Balabhadra Devi) are located. Arasumuti kotta, is believed to be the place where Lord Ayyappa and his soldiers took rest, while he had an encounter with Udayanan, the Marava robber. At this place there is a small shrine for the guardian deities of the forests. From here, the forest path runs along the side of Peroor totu. On this trek path the Sree Siva Parvati temple at Kalaketti is famous, as it is believed to be a sacred spot where Lord Siva tied his vehicle (Kala or Nandi) to a tree while watching the victorious dance of Lord Ayyappa. Utumpara took the name Inchippara after the ginger (inchi) cultivation. There is a kotta dedicated to the guardian deity of Sree Utumpara mala. About two km.east of Kalaketti, is the Azhuta River, a tributary of Pamba River. A special ritualistic ceremony called azhi pooja, is performed here, in which devotees take pradakshinas around a huge pile of fire, chanting aloud ‘ Swamiye Saranam Ayyappa’ . Karimala, which is climbed in seven stretches, has shrines of Sree Vana Durga, Sree Karimalanathan and Sree Kocchu Katutta. Further, there are two ancient wells on the top of

¶925

114

¶926

WP.(C)No.14342 of 2019 & con.cases

¶927

Karimala from which, it is believed, Lord Ayyappa and his soldiers have drunk water to quench their thirst after their fight with the Marava robber Udayanan. It was at Karimala where Kocchu Katutta, the lieutenant of Lord Ayyappa, killed Udayanan in a fierce duel. Then the pilgrim reaches Valiyanavattam and Cheriyanavattam.

¶928

When the pilgrim reaches Cheriyana vattam, the Pamba River could be seen at a distance as a beautiful blue expanse of water. Pamba River is considered as holy and auspicious as Ganges River. Earlier, on its beautiful banks many tall and small trees stood, bearing flowers and fruits of various types and colours. It is an exhilarating experience of immense happiness to see such a place of sanctity and serenity. Further, Pamba Manalppuram (sandy river bed) has another significance of having temporary huts made of forest articles. Kumbalamtotu joins the combined river here, formed by Kallar River and Pamba River, and the beautiful sand bank takes the name Triveni , indicating the confluence of three holy rivers. Now the landscape has changed and Pamba has become a mini township and its ancient beauty and serenity have considerably diminished.

¶929

(ii)Traditional path from Pantalam : The second traditional route from southwest is the one used by Pantalam Raja for the past eight centuries from Pantalam to Sannidhanam at Sabarimala for taking Tiruvabharanam (Lord’s ornaments) for the holy

¶930

115

¶931

WP.(C)No.14342 of 2019 & con.cases

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ritual associated with Makara samkramam . The distance (from Pantalam to Sannidhanam ) is covered by foot in three days. The procession starts from Pantalam Valiya Koyikkal Sree Ayyappa (Dharma Sasta) temple, after Garuda kite encircles in the sky of the temple at noon. The pathway through the forest sector is cleared only in the season. Details of places touching and halting the Tiruvabharana petakams (boxes containing Lord’s ornaments) are as follows:

¶933

FIRST DAY : Starts from Pantalam Valiya Koyikkal Ayyappa (Dharma Sasta) temple - Kaippuzha Krishnaswamy temple – Kulanata Durga Bhagavati temple – Kollisseri - Mutappara - Ullannoor Bhadrakali temple – Karayapetti - Parayankara - Kutuvettikkal - Kavunkal Tatisserippati - Kilangannoor - Aranmula Aitaramukku (East nata) Punnattotta Durga Bhavavati (Yoga Maya) temple – Pampatikkal Cherukol Subramanyaswamy temple – Vazhakunnam Neerchal Ayiroor Putiyakaav Bhadrakali temple and then halt. SECOND DAY : Starts from Ayiroor Putiya kaav temple – Mookkannoor - Itappavoor Peruchal - crossess Pamba River - Keekkozhoor – Moozhikkamannu pati - Tanuvelil pati - Ayikkalpara along the bed of the Pamba River toward Kittiyatara Itakkulam Pallikkamurukk Pengottu katavil, crosses Kallar River Vatasserikkara Cherukaav Bhuvaneswari temple Prayar Maha Vishnu temple Mataman mandapam (via. Chambon) Mataman Rshikesa

¶934

116

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WP.(C)No.14342 of 2019 & con.cases

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temple Poovattummootu Kutakkaav Perunat Kakkat Koyikkal Ayyappa (Dharma Sasta) temple – Arayakal kottaram Kunamkara Ayyappa samajam Putukkata Iribittan totu through Harison Malayalam Plantation Estate cutting across Vatasserikkara Plappalli road Laha Muttaramman kovil Laha sathram and then halt. THIRD DAY : Starts from Laha satram enters Sabarimala poonkavanam – Plappalli Ilavunkal Nilaykal Mahadeva temple – Attattot Kollamuzhi (on the bank of Pamba river) – Vellacchimala (north of Ettappatti) – Oliyampuzha crosses Pamba river – Valiyanavattom – Cheriyanavattam – Neelimala valley – Appacchimet – Sabari peetham – Saramkuttiyal – holy Patinettam pat reaches upper Tirumuttam.

¶937

Earlier the traditional Tiruvabharana path (called Pantalam pata) was different between Plappalli and Nilaykal. It passed through Talappara kotta, located about 1.2 km. north of Plappalli on Nilaykal path and thence 800 m. west approached by a small foot path. After Talappara kotta, it passed through dense forests and reached Nilaykal. There was no road until 1962 A.D. between Plappalli and Nilaykal, but there was only a foot path. Since the construction of this new road, it is used for taking tiruvabharanam from Plappalli to Nilaykal.

¶938

Talappara kotta is the habital of Ullatas, who worship nature. At this place, there are two square structures, each known as kotta. Its wall, built by placing raw granite stones one above the other, has a height 60

¶939

117

¶940

WP.(C)No.14342 of 2019 & con.cases

¶941

cm. and without roof. Of the two katas, the oldest one has the deity with the sankalpa of Talappara mala. According to the book on Abhorginals of Travancore (Volume III, page 244) the inhabitants of Talappara mala worship the crest of the hill. They make a very respectful bow when they pass the hill and say ‘Oh Hill, save us from mishaps’. There is a kal-vilakk in this kotta . In the other kotta the sankalpa is that of Lord Siva. As the previous habitat of Ullatas here was Nilaykal, they also worship Lord Siva. There is nila vilak (brass lamp) kept in the kotta of Lord Siva. Of late, some Ayyappa pilgrims kept a sila linga idol of Lord Siva. It is believed that the Guru Mooppan of Ullatas of that time accompanied and gave all facilities for Lord Ayyappa. In many temples in Ranni taluk the deity of Talappara, known as Talappara Mala Daivam, has a place and is worshipped.”

¶942

Clause (i) under the heading brief history and temple

¶943

administration, deals with the ‘Concepts of Lord Sasta and Lord Ayyappa’. Relevant paragraphs of clause (i) are extracted hereunder;

¶944

“The earliest reference on Sabarimala is seen in the Memoir of Tavancore and Cochin (Volume I, 1820 A.D., page 100) of Lieutenants Ward and Conner. It states ‘amongst the crowd of shrines, that of Iyappa at Chowry Malay (Sabarimala) attracts particular devotion; incredible numbers (and many from

¶945

118

¶946

WP.(C)No.14342 of 2019 & con.cases

¶947

Eastern Coast) flocking to it at the period of the festival (January) to present their vows and offerings, although it is situated in the wildest country possible’.

¶948

This implies that the principal deity in 1820 A.D. was Iyyappa or Lord Ayyappa. In the Travancore State Manual of V. Nagam Aiya (published in 1906, Volume II, page 80) the entry, in the list of important temples, about the deity of Sabarimala indicates ‘Aiyappan (Sasta)’. Here, Lord Aiyappa is the deity and Lord Sasta given within brackets indicates Lord Aiyappa as an incarnation of Lord Sasta. This confusion of deity persisted later also and both names were unknowingly used synonymously. Instead of the idol of Lord Ayyappa at Sabarimala, Lord Sasta was inadvertently used by later administrators.

¶949

The description given about the temple at the turn of twentieth century, according to Travancore State Manual (published in 1906, Volume II, page 53), mentions that the temple (in the Chengannoor taluk) ‘attracts numerous pilgrims (over 10,000) early in the month of Makaram during the annual Mandala pooja which lasts for forty one days. The temple is situated on the summit of a high and steep hill difficult of ascent’. The area extending over eighteen hills, in and around the abode of Lord Ayyappa, is known as Poonkavanam.

¶950

The eighteen holy hills which form the Poonkavanam of Lord Ayyappa are Talapparamala, Kalakettimala

¶951

119

¶952

WP.(C)No.14342 of 2019 & con.cases

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(Goparamala), Putusserikanam, Karimala, Inchipparamala, Nilaykalmala, Tevarmala, Sreepadamala, Vattamala, Sundaramala, Nagamala, Neelimala, Matamgamala, Sabarimala, Mayilattummetu, Chittambalametu, Ponnambalamet and Goutamamala (Goutarmala) Of the above eighteen hills, two are prominent viz. Ponnambalamet and Sabarimala, as they are related to Lord Sasta and His incarnation Lord Ayyappa respectively.”

¶954

Travancore-Cochin Hindu Religious Institutions Act,

¶955

1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk.

¶956

Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of

¶957

120

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WP.(C)No.14342 of 2019 & con.cases

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administration in Board. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per subsection (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board.

¶960

Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction.

¶961

Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the

¶962

121

¶963

WP.(C)No.14342 of 2019 & con.cases

¶964

following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department.

¶965

Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. Section 27 of the Act deals with Devaswom properties. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the

¶966

122

¶967

WP.(C)No.14342 of 2019 & con.cases

¶968

festivals in every temple according to its usage.

¶969

In Ram Mohan Das v. Travancore Devaswom

¶970

Board [1975 KLT 55] a learned Single Judge of this Court held

¶971

that under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act the Travancore Devaswom Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper.

¶972

In M.V. Ramasubbiar v. Manicka Narasimachara

¶973

[(1979) 2 SCC 65] , in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. It is the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable dili-

¶974

gence in the manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not therefore oc-

¶975

casion any loss to the Trust and it is his duty to sell the property,

¶976

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¶977

WP.(C)No.14342 of 2019 & con.cases

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if at all that was necessary, to best advantage. Paragraph 4 of that decision reads thus;

¶979

“4. There is some controversy on the question whether Defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs.21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have led their evidence to show that the property was allowed to be sold for Rs. 21,500, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs. He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his duty and personal interest, and so the control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property

¶980

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for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner. The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before it.” (underline supplied)

¶983

During the course of arguments, the learned Advocate Commissioner has made reference to various Articles

¶984

under the covenant entered into by the rulers of Travancore and Cochin for the formation of the United States of the Travancore and Cochin, with effect from 01.07.1949. Article 8(c) deals with

¶985

125

¶986

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administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments and all their properties and funds as well as fund constituted under the Devaswom proclamation 1097 ME. Article 8 of the said covenant reads thus;

¶988

“Article 8(a) The obligation of the Covenating State of Travancore to contribute from its general revenues a sum of Rs.50 lakhs every year to the Devaswom Fund as provided for in the Devaswom (Amendment) Proclamation, 1123 M.E. and a sum of Rs.One lakh every year to Sree Pandaravaga referred to in Proviso (A) to sub-section (1) of Section 23 of the Travancore Interim Constitution Act 1123 M.E, shall, from the appointed day, be an obligation of the United State and the said amounts shall be payable therefrom and the Raj Pramukh shall cause the said amounts to be paid every year to the Travancore Devaswom Board and the Executive Officer [referred to in sub-clause (b) of this Article] respectively. (b) The administration of Sree Padmanabhaswamy Temple, the Sree Pandaravaga properties and all other properties and funds of the said temple now vested in trust in the Ruler of the Covenating State of Travancore and the sum of Rs.One lakh transferred from year to year under the provisions of Clause (a) of this Article, and the sum of five lakhs of rupees contributed from year to year towards the expenditure in the Sree Padmanabhaswamy temple under sub-clause (c) of this article, shall, with effect from the first day of August 1949 be conducted, subject to the control and supervision of the Ruler of Travancore, by an Executive Officer appointed by him.

¶989

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WP.(C)No.14342 of 2019 & con.cases

¶991

There shall be a Committee known by the name of the Sree Padmanabhaswamy Temple Committee composed of three Hindu Members to be nominated by the Ruler of Travancore to advise him in the discharge of his functions. Suits by or against the Sree Padmanabhaswamy Temple or in respect of its properties shall be instituted in the name of the said Executive Officer.

¶992

(c) The administration of the incorporated and unincorporated Devaswoms and of Hindu Religious Institutions and Endowments, and all their properties and funds as well as the fund constituted under the Devaswom Proclamation 1097 M.E., and the surplus fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E., which are under the management of the Ruler of the Covenating State of Travancore and the sum of Rs.50 lakhs transferred from year to year under Clause (a) shall with effect from the first day of August 1949, vest in a Board known by the name of the Travancore Devaswom Board. An annual contribution of five lakhs of rupees shall be made by the Travancore Devaswom Board from the aforesaid sum of Rs.50 lakhs towards the expenditure in the Sree Padmanabhaswamy Temple.

¶993

(d) The administration of the incorporated and unincorporated Devaswom and Hindu Religious Institutions, which are under the management of the Ruler of the covenating State of Cochin under Section 50 G of the Government of Cochin Act XX of 1113 M.E. or under the provisions of the Cochin Hindu Religious Act I of 1081 M.E. and all their properties and funds and of the estates under the management of the Devaswom Department of the

¶994

127

¶995

WP.(C)No.14342 of 2019 & con.cases

¶996

covenating State of Cochin, shall with effect from the first day of August 1949 vest in a Board known by the name of the Cochin Devaswom Board:

¶997

Provided that the regulation and control of all rituals and ceremonies in the Temple Sree Poornathrayeesa at Trippunithura and in the Pazayannore Bhagavathy Temple at Pazayannore shall continue to be exercised as hitherto by the Ruler of Cochin.

¶998

(e) The Board referred to in sub-Clause (c) of this Article shall consists of Three Hindu members, one of whom shall be nominated by the Ruler of the covenating State of Travancore, one by the Hindu among the Council of Ministers, and one elected by the Hindu Members of the Legislative Assembly of the United State.

¶999

(f) The Board referred to in sub-clause (d) of this article shall consists of three Hindu Members, one of whom shall be nominated by the Ruler of the Covenating State of Cochin, one by the Hindus among the Council of Ministers, and one elected by the Hindu Members of the Legislative Assembly of the United State.

¶1000

(g) Each of the aforesaid Boards shall be a separate body corporate having perpetual succession and a common seal with powers to hold and acquire properties and shall by its name sue and be sued.

¶1001

(h) Subject to the provisions of this Article, the constitution, powers and duties of the Boards aforesaid shall be such as may be determined hereafter by law enacted by competent authority.”

¶1002

In view of the provisions under the TravancoreCochin Hindu Religious Institutions Act referred to hereinbefore,

¶1003

128

¶1004

WP.(C)No.14342 of 2019 & con.cases

¶1005

conclusion is irresistible that, the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and all its properties and funds shall vest in the Travancore Devaswom Board. The Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage.

¶1006

As already noticed hereinbefore, the common contention of the petitioners in the writ petitions connected to W.P.(C)No.14342 of 2019 is that the notice issued by the authorities whereby the petitioners in the respective writ petitions were asked to remove the encroachments on the path leading from Pandalam Palace to Sabarimala Sannidhanam

¶1007

129

¶1008

WP.(C)No.14342 of 2019 & con.cases

¶1009

through which the sacred ornaments of Lord Ayyappa is being taken to Sabarimala Sannidhanam during Makarasamkrama pooja, is without following any due procedure established under the law, in violation of the principles of natural justice, inasmuch as none of the petitioners in the respective writ petitions were furnished with the mahazar marking the respective encroachments, along with the individual notices whereby they were required to remove the alleged encroachment. The petitioners in the respective writ petitions are claiming title over the alleged encroachments or a portion thereof on the strength of deeds, tax receipts, etc. which are placed on record in the respective writ petitions. In some of the writ petitions the petitioners have pointed out the decree passed by the civil court or the pendency of civil suit in respect of the property in question.

¶1010

The fact that the notices issued to the petitioners in the writ petitions which are connected to W.P.(C)No.14342 of 2019 whereby they were asked to remove the encroachments on the path leading from Pandalam Palace to Sabarimala Sannidhanam through which the sacred ornaments of Lord Ayyappa is being taken to Sabarimala Sannidhanam during Makarasamkrama pooja, which are under challenge in those writ

¶1011

130

¶1012

WP.(C)No.14342 of 2019 & con.cases

¶1013

petitions, are issued without furnishing a copy of the mahazar marking the respective encroachments is not in dispute. The learned Special Government Pleader would submit that no such mahazar was enclosed along with the individual notices issued to the alleged encroachers. As already noticed hereinbefore, the petitioners in the respective writ petitions are claiming title over the alleged encroachments or a portion thereof on the strength of deeds, tax receipts, etc. which are placed on record in the respective writ petitions. In some of the writ petitions the petitioners have pointed out the decree passed by the civil court or the pendency of civil suit in respect of the property in question. 35. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides and also the learned Advocate Commissioner, we find that the petitioners in the respective writ petitions, the alleged encroachers, should have been furnished with the mahazar marking the respective encroachments, along with the individual notices issued to them, which are the subject matter of challenge in the writ petitions connected to W.P.(C)No.14342 of 2019, so as to enable them to submit a proper reply along with supporting documents, to substantiate their claim over the

¶1014

131

¶1015

WP.(C)No.14342 of 2019 & con.cases

¶1016

property.

¶1017

The learned Senior Government Pleader would point out that, in the individual mahazars prepared with reference to survey records, the encroachment on Government purmaboke at each point is marked. The petitioners in the respective writ petitions shall be issued with fresh notice, along with copy of the mahazar and they shall be given an opportunity to substantiate their claim, by submitting written submission along with supporting documents.

¶1018

In the above circumstances, W.P.(C)No.14342 of 2019 and the connected matters are disposed of with the following directions;

¶1019

(i) The individual notices issued to the petitioners in the writ petitions connected to W.P.(C)No.14342 of 2019 are set aside for the reason that those notices, which are under challenge in those writ petitions, were issued to the alleged encroachers requiring them to remove the encroachment, without furnishing the mahazar marking the respective encroachment.

¶1020

(ii) The concerned Tahsildar shall issue individual notices to the petitioners in the writ petitions connected to W.P.(C)No.14342 of 2019 along with a copy of the mahazar marking the respective encroachments, within two months from the date of

¶1021

132

¶1022

WP.(C)No.14342 of 2019 & con.cases

¶1023

receipt of a certified copy of this judgment. On receipt of such notice, the petitioners shall submit their reply to the concerned Tahsildar, along with documents in support of their claim, within a period of two months. Thereafter, the concerned Tahsildar shall conduct a personal hearing, with notice to the alleged encroacher, and take an appropriate decision on the question of encroachment. In case, the petitioners in the respective writ petitions are claiming title over the alleged encroachment or a portion thereof on the strength of title deeds and other documents, their request to prepare a fresh mahazar marking the alleged encroachment shall be considered favourably by the concerned Tahsildar, and that exercise shall be undertaken with notice to the alleged encroacher. The entire exercise in this regard shall be completed by the concerned Tahsildar within a period of three months. After finalisation of the mahazar marking the respective encroachments, the competent authority shall issue fresh notice to the petitioners in the writ petitions connected to W.P.(C)No.14342 of 2019, along with a copy of the mahazar, in accordance with law, requiring them to remove the encroachment.

¶1024

(iii) The procedure laid down as above shall be followed in the case of encroachers other than the petitioners in the writ petitions connected to W.P.(C)No.14342 of 2019, who allegedly have encroached on the path

¶1025

133

¶1026

WP.(C)No.14342 of 2019 & con.cases

¶1027

leading from Pandalam Palace to Sabarimala Sannidhanam through which the sacred ornaments of Lord Ayyappa is being taken to Sabarimala Sannidhanam during Makarasamkrama pooja, who are yet to be evicted from their respective encroachment.

¶1028

(iv) The submission made by the learned Senior Government Pleader that the State Government shall certainly safeguard the interest of the petitioners in W.P.(C)No.14800 of 2021, who are landless persons, who belong to scheduled caste community, who were permitted by the State to occupy small extent of puramboke land, is recorded.

¶1029

(v) The entire exercise of removing encroachments on the path leading from Pandalam Palace to Sabarimala Sannidhanam through which the sacred ornaments of Lord Ayyappa is being taken to Sabarimala Sannidhanam during Makarasamkrama pooja shall be completed, as directed above, within the time limit stipulated hereinbefore.

¶1030

Sd/-

¶1031

ANIL K. NARENDRAN, JUDGE

¶1032

Sd/-

¶1033

P.G. AJITHKUMAR, JUDGE

¶1034

bkn/AV/PV

¶1035

134

¶1036

WP.(C)No.14342 of 2019 & con.cases

¶1037

APPENDIX OF WP(C) 14342/2019

¶1038

PETITIONER EXHIBITS

¶1039

EXHIBIT P1ORDER NO.B5/31466/2009 DATED
26.10.2009.

¶1040

EXHIBIT P2INFORMATION PROVIDED BY THE 4TH
RESPONDENT VIDE ROCEEDINGS
NO.31466/2009 DATED 8.6.2010 UNDER
RIGHT TO INFORMATION ACT.

¶1041

EXHIBIT P3THE PHOTOCOPY OF THE REPLY LETTER
DATED 12/12/2019 TO THE APPLICATION
UNDER RIGHT TO INFORMATION ACT FROM
THE REVENUE DIVISIONAL OFFICE ADOOR.

¶1042

EXHIBIT P4THE PHOTOCOPY OF THE LIST OF THE
ENCROACHMENT IN RANNI TALUK.

¶1043

EXHIBIT P5THE PHOTOCOPY OF THE LIST OF THE
ENCROACHMENT IN KOZHENCHERRY TALUK.

¶1044

135

¶1045

WP.(C)No.14342 of 2019 & con.cases

¶1046

APPENDIX OF WP(C) 11774/2021

¶1047

PETITIONER EXHIBITS

¶1048

Exhibit P1TRUE COPY OF THE REGISTERED GIFT DEED
NO.595 OF 1992 IN BOOK IV, VOLUME 312,
PAGES 419 TO 422 OF SUB REGISTRY
OFFICE, KOZHENCHERRY DATED 01.06.1992.

¶1049

Exhibit P2TRUE COPY OF THE LAND TAX RECEIPT
NO.0936538 DATED 25.05.2021 ISSUED BY
THE 7TH RESPONDENT FOR THE EXHIBIT P1
PROPERTY IN THANDAPPER NO.8737.

¶1050

Exhibit P3TRUE COPY OF THE ORDER NO.KSGL 1/2019-
20 DATED 17.05.2021 AND MAHAZAR DATED
28.04.2021 ISSUED BY THE 5TH
RESPONDENT.

¶1051

Exhibit P4TRUE COPY OF THE LETTER DATED
28.04.2021 ISSUED BY THE 7TH
RESPONDENT TO THE SECRETARY,
KOZHENCHERRY GRAMA PANCHAYAT ISSUED
UNDER THE RIGHT TO INFORMATION ACT.

¶1052

Exhibit P5TRUE COPY OF PHOTOGRAPH SHOWING THE
EXHIBIT P1 PROPERTY AND TEMPLE.

¶1053

136

¶1054

WP.(C)No.14342 of 2019 & con.cases

¶1055

APPENDIX OF WP(C) 12273/2021

¶1056

PETITIONER EXHIBITS

¶1057

Exhibit P1TRUE COPY OF GIFT DEED NO.322/1980 OF
SRO ARANMULA EXECUTED IN FAVOUR OF THE
WRIT PETITIONER.
Exhibit P2TRUE COPY OF LAND TAX RECEIPT DATED
25.05.2021 ISSUED BY ARANMULA VILLAGE
OFFICE.
Exhibit P3TRUE COPY OF POSSESSION CERTIFICATE
DATED 22.08.2017 ISSUED BY THE
ARANMULA VILLAGE OFFICE.
Exhibit P4TRUE COPY OF NOTICE BEARING NO.A5-
1554/21 DATED 07.05.2021 ISSUED BY THE
2ND RESPONDENT.
Exhibit P5TRUE COPY OF THE OBJECTION NIL DATED
SUBMITTED BY THE WRIT PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P6TRUE COPY OF DETAILED OBJECTION DATED
28/05/2021 SUBMITTED BY THE WRIT
PETITIONER BEFORE THE RESPONDENTS 1
AND 2.
Exhibit P7TRUE COPY OF THE POSTAL RECEIPT
SHOWING THE TRANSIT OF EXHIBIT P6.
Exhibit P8TRUE COPY OF THE PLAINT IN O.S
NO.176/2021 PENDING BEFORE THE MUNSIFF
COURT PATHANAMTHITTA.

¶1058

137

¶1059

WP.(C)No.14342 of 2019 & con.cases

¶1060

APPENDIX OF WP(C) 12464/2021

¶1061

PETITIONER EXHIBITS

¶1062

Exhibit P1TRUE COPY OF THE SALE DEED NO.3281
DATED 29/11/1996 EXECUTED BY
KOCHUKARTHYAYANIAMMA OF MEENATHETHIL
VEEDU IN FAVOUR OF THE PETITIONER

¶1063

Exhibit P2TRUE COPY OF THE TAX RECEIPT DATED
13.6.2020 IN RESPECT OF THE PLOT

¶1064

Exhibit P3TRUE COPY OF THE JUDGMENT DATED
18/10/2012 IN O S NO.376/2011 BEFORE
THE MUNSIFF'S COURT, PATHANAMTHITTA

¶1065

Exhibit P3(A)TRUE COPY OF THE DECREE DATED
18/10/2012 IN O S NO.376/2011 BEFORE
THE MUNSIFF'S COURT, PATHANAMTHITTA

¶1066

Exhibit P4TRUE COPY OF THE NOTICE RECEIVED BY
THE PETITIONER DATED 12/5/2021

¶1067

Exhibit P5TRUE COPY OF THE INTIMATION DATED
2/6/2021 WRITTEN BY THE PETITIONER AND
SUBMITTED TO THE 4TH RESPONDENT.

¶1068

138

¶1069

WP.(C)No.14342 of 2019 & con.cases

¶1070

APPENDIX OF WP(C) 13484/2021

¶1071

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE LAND TAX RECEIPT
DATED 02.06.2021 ISSUED BY 5TH
RESPONDENT.
Exhibit P2TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 07.06.2021 ISSUED BY
5TH RESPONDENT.
Exhibit P3TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
1ST WRIT PETITIONER.
Exhibit P4TRUE COPY OF MAHASAR PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 1ST WRIT PETITIONER.
Exhibit P5TRUE COPY OF BLANK AFFIDAVIT SERVED ON
THE 1ST WRIT PETITIONER BY THE 5TH AND
6TH RESPONDENT.
Exhibit P6TRUE COPY OF THE RESURVEY PLAN WITH
RESPECT TO THE PROPERTY OF THE 1ST
WRIT PETITIONER ISSUED BY THE 5TH
RESPONDENT.
Exhibit P7TRUE COPY OF THE LAND TAX RECEIPT
DATED 11.06.2008 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P8TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
2ND WRIT PETITIONER.
Exhibit P9TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 2ND WRIT PETITIONER.
Exhibit P10TRUE COPY OF THE RE SURVEY PLAN WITH
RESPECT TO THE PROPERTY OF THE 2ND
WRIT PETITIONER ISSUED BY THE 5TH
RESPONDENT.

¶1072

139

¶1073

WP.(C)No.14342 of 2019 & con.cases

¶1074

Exhibit P11TRUE COPY OF THE PARTITION DEED
NO.4/1999 OF PANDALAM SRO.

¶1075

Exhibit P12TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT IN THE
NAME OF THE MOTHER OF THE 3RD
PETITIONER.
Exhibit P13TRUE COPY OF MAHASER PREPARED ON
05.05.2021 IN THE NAME OF THE MOTHER
OF THE 3RD WRIT PETITIONER.
Exhibit P14TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT IN THE
NAME OF THE 4TH WRIT PETITIONER'S SON.
Exhibit P15TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 4TH WRIT PETITIONER'S
SON.
Exhibit P16TRUE COPY OF LAND TAX RECEIPT DATED
26.11.2019 ISSUED BY 5TH RESPONDENT.
Exhibit P17TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT TO THE
5TH WRIT PETITIONER.
Exhibit P18TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 5TH WRIT PETITIONER.
Exhibit P19TRUE COPY OF SALE DEED NO.114/1992 OF
SRO PANDALAM EXECUTED IN FAVOUR OF THE
6TH WRIT PETITIONER.

¶1076

Exhibit P20TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
6TH WRIT PETITIONER.
Exhibit P21TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 6TH WRIT PETITIONER.
Exhibit P22TRUE COPY OF THE LAND TAX RECEIPT
DATED 25.09.2019 ISSUED BY 5TH
RESPONDENT.

¶1077

140

¶1078

WP.(C)No.14342 of 2019 & con.cases

¶1079

Exhibit P23TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
7TH WRIT PETITIONER.
Exhibit P24TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 7TH WRIT PETITIONER.
Exhibit P25TRUE COPY OF WILL REGISTERED AS
DOCUMENT NO.9/III/1993 OF SRO
PANDALAM.
Exhibit P26TRUE COPY OF THE LAND TAX RECEIPT
DATED 27.07.2019 ISSUED BY 5TH
RESPONDENT.
Exhibit P27TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT TO THE
8TH WRIT PETITIONER.
Exhibit P28TRUE COPY OF MAHASER PREPARED ON
04.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 8TH WRIT PETITIONER.
Exhibit P29TRUE COPY OF BLANK AFFIDAVIT SERVED BY
THE 5TH AND 9TH RESPONDENTS ON THE 8TH
WRIT PETITIONER.
Exhibit P30TRUE COPY OF SETTLEMENT DEED
REGISTERED AS DOCUMENT NO.1289/2013 OF
SRO PANDALAM.
Exhibit P31TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT TO THE
9TH WRIT PETITIONER.
Exhibit P32TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 9TH WRIT PETITIONER.
Exhibit P33TRUE COPY OF SALE DEED NO.2255/2007 OF
SRO PANDALAM EXECUTED IN FAVOUR OF THE
10TH WRIT PETITIONER.

¶1080

Exhibit P34TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT TO THE
10TH WRIT PETITIONER.

¶1081

141

¶1082

WP.(C)No.14342 of 2019 & con.cases

¶1083

Exhibit P35TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 10TH WRIT PETITIONER.
Exhibit P36TRUE COPY OF SALE DEED NO.326/1993 OF
SRO PANDALAM EXECUTED IN FAVOUR OF THE
11TH WRIT PETITIONER.
Exhibit P37TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT TO THE
11TH WRIT PETITIONER.
Exhibit P38TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 11TH WRIT PETITIONER.
Exhibit P39TRUE COPY OF THE LAND TAX RECEIPT
DATED 21.05.2021 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P40TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
12TH WRIT PETITIONER.
Exhibit P41TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 12TH WRIT PETITIONER.
Exhibit P42TRUE COPY OF THE LAND TAX RECEIPT
DATED 29.06.2021 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P43TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
13TH WRIT PETITIONER.
Exhibit P44TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 13TH WRIT PETITIONER.
Exhibit P45TRUE COPY OF THE PARTITION DEED
NO.1369/1999 OF S.R.O.PANDALAM.
Exhibit P46TRUE COPY OF THE LAND TAX RECEIPT
DATED 23.09.2020 ISSUED BY THE 5TH
RESPONDENT.

¶1084

142

¶1085

WP.(C)No.14342 of 2019 & con.cases

¶1086

Exhibit P47TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
14TH WRIT PETITIONER.
Exhibit P48TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 14TH WRIT PETITIONER.
Exhibit P49TRUE COPY OF THE LAND TAX RECEIPT
DATED 24.06.2006 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P50TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
15TH WRIT PETITIONER.
Exhibit P51TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 15TH WRIT PETITIONER.
Exhibit P52TRUE COPY OF SALE DEED REGISTERED AS
DOCUMENT NO.762/1992 OF SRO PANDALAM.
Exhibit P53TRUE COPY OF THE LAND TAX RECEIPT
DATED 04.03.1997 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P54TRUE COPY OF PROPERTY TAX RECEIPT
DATED 15.12.2020 ISSUED BY THE 6TH
RESPONDENT TO THE 16TH WRIT
PETITIONER.
Exhibit P55TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
16TH WRIT PETITIONER.
Exhibit P56TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 16TH WRIT PETITIONER.
Exhibit P57TRUE COPY OF THE LAND TAX RECEIPT
DATED 07.06.2021 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P58TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
17TH WRIT PETITIONER.

¶1087

143

¶1088

WP.(C)No.14342 of 2019 & con.cases

¶1089

Exhibit P59TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 17TH WRIT PETITIONER.
Exhibit P60TRUE COPY OF THE PARTITION DEED
NO.355/2020 OF SRO PANDALAM.
Exhibit P61TRUE COPY OF THE LAND TAX RECEIPT
DATED 24.08.2020 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P62TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
18TH WRIT PETITIONER.
Exhibit P63TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 18TH WRIT PETITIONER.
Exhibit P64TRUE COPY OF PARTITION DEED
NO.2861/2007 OF SRO PANDALAM.
Exhibit P65TRUE COPY OF THE LAND TAX RECEIPT
DATED 08.06.2020 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P66TRUE COPY OF NOTICE DATED 12.05.2021
ISSUED BY THE 9TH RESPONDENT TO THE
19TH WRIT PETITIONER.
Exhibit P67TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE
PROPERTY OF THE 19TH WRIT PETITIONER.
Exhibit P68TRUE COPY OF THE SETTLEMENT DEED
NO.2910/2013 OF SRO PANDALAM EXECUTED
BY THE 20TH WRIT PETITIONER.
Exhibit P69TRUE COPY OF NOTICE DATED 11.05.2021
ISSUED BY THE 6TH RESPONDENT TO THE
20TH WRIT PETITIONER.
Exhibit P70TRUE COPY OF MAHASER PREPARED ON
05.05.2021 WITH RESPECT TO THE FAMILY
PROPERTY OF THE 20TH WRIT PETITIONER.
Exhibit P71TRUE COPY OF SETTLEMENT DEED 2909/2013
OF SRO PANDALAM.

¶1090

144

¶1091

WP.(C)No.14342 of 2019 & con.cases

¶1092

Exhibit P72TRUE COPY OF THE LAND TAX RECEIPT
DATED 26.06.2020 ISSUED BY THE 5TH
RESPONDENT.

¶1093

Exhibit P73TRUE COPY OF THE REPRESENTATION DATED
28.05.2021 SUBMITTED BY THE WRIT
PETITIONERS AND OTHER SIMILARLY PLACED
PERSONS TO THE HONOURABLE CHIEF
MINISTER OF KERALA.

¶1094

145

¶1095

WP.(C)No.14342 of 2019 & con.cases

¶1096

APPENDIX OF WP(C) 14122/2021

¶1097

PETITIONER EXHIBITS

¶1098

Exhibit P1THE TRUE COPY SETTLEMENT DEED NO.
2/2018 OF SRO. KOZHENCHERRY.

¶1099

Exhibit P2A TRUE COPY OF THE LAND TAX RECEIPT IN
THE NAME OF PRIOR OWNER DATED
24.01.2004 ISSUED BY 5TH RESPONDENT-
VILLAGE OFFICER.

¶1100

Exhibit P3A TRUE COPY OF THE LAND TAX RECEIPT IN
THE NAME OF PETITIONER DATED
21.08.2019 ISSUED BY 5TH RESPONDENT-
VILLAGE OFFICER.

¶1101

Exhibit P4A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 05.03.2018 ISSUED BY
5TH RESPONDENT-VILLAGE OFFICER.

¶1102

Exhibit P5THE CERTIFICATE OF OCCUPATION AND YEAR
OF CONSTRUCTION OF OLD HOUSE IN THE
PROPERTY COVERED BY EXT. P4 ISSUED BY
THE 6TH RESPONDENT-GRAMA PANCHAYAT.

¶1103

Exhibit P6A TRUE COPY OF NOTICE VIDE NO.
KSGL1/2019-20 DATED 17.05.2021 ISSUED
BY THE 8TH RESPONDENT TO THE
PETITIONER.

¶1104

Exhibit P7A TRUE COPY OF MAHASAR PREPARED ON
28.04.2021 WITH RESPECT TO THE
PROPERTY OF THE PETITIONER.

¶1105

Exhibit P8A TRUE COPY OF THE APPLICATION FOR
INFORMATION UNDER RTI DATED 03.06.2021
PREFERRED BY THE PETITIONER TO 7TH
RESPONDENT.

¶1106

Exhibit P9A TRUE COPY OF THE REPLY UNDER RTI
VIDE REF. NO. B3-4174/21 GIVEN BY THE
OFFICE OF 7TH RESPONDENT.

¶1107

146

¶1108

WP.(C)No.14342 of 2019 & con.cases

¶1109

Exhibit P10A TRUE COPY OF THE REPLY UNDER RTI
VIDE REF. NO. A7-17412/09 DATED
11.06.2021 TO THE PETITIONER.

¶1110

Exhibit P11A TRUE COPY OF THE REPRESENTATION
DATED 16.06.2021 SUBMITTED BY THE
PETITIONER AND OTHER SIMILARLY PLACED
PERSONS TO THE HON'BLE CHIEF MINISTER
OF KERALA.

¶1111

147

¶1112

WP.(C)No.14342 of 2019 & con.cases

¶1113

APPENDIX OF WP(C) 14123/2021

¶1114

PETITIONER EXHIBITS

¶1115

Exhibit P1TRUE COPY OF NOTICE BEARING NO. C3-
1468/21 DATED 17.05.2021 ISSUED BY THE
7TH RESPONDENT TO THE 1ST WRIT
PETITIONER.

¶1116

Exhibit P2TRUE COPY OF THE REPRESENTATION DATED
20.05.2021 SUBMITTED BY THE 1ST WRIT
PETITIONER BEFORE THE 7TH RESPONDENT.

¶1117

Exhibit P3TRUE COPY OF THE SALE DEED NO.
470/2004 OF SRO KOZHENCHERRY IN FAVOUR
OF THE 2ND WRIT PETITIONER.

¶1118

Exhibit P4TRUE COPY OF LAND TAX RECEIPT DATED
18.09.2020 ISSUED BY THE 4TH
RESPONDENT.

¶1119

Exhibit P5TRUE COPY OF THE APPEAL DATED
21.05.2021 SUBMITED BY THE 1ST WRIT
PETITIONER BEFORE THE 5TH RESPONDENT.

¶1120

Exhibit P6TRUE COPY OF THE MAHASER DATED
28.04.2021 PREPARED BY TALUK SURVEYOR
AND VILLAGE OFFICER, ISSUED BY THE 7TH
RESPONDENT UNDER THE RIGHT TO
INFORMATION ACT.

¶1121

Exhibit P7TRUE COPY OF THE SKETCH DATED
28.04.2021 PREPARED BY 4TH RESPONDENT,
ISSUED BY THE 7TH RESPONDENT UNDER THE
RIGHT TO INFORMATION ACT.

¶1122

Exhibit P8TRUE COPY OF THE JUDGMENT DATED
15.06.2021 IN W.P.C NO.11801/2021 OF
THIS HON'BLE HIGH COURT OF KERALA.

¶1123

Exhibit P9TRUE COPY OF THE APPEAL DATED
20.06.2021 SUBMITTED BY THE WRIT
PETITIONERS BEFORE THE 3RD RESPONDENT.

¶1124

148

¶1125

WP.(C)No.14342 of 2019 & con.cases

¶1126

Exhibit P10TRUE COPY OF THE APPLICATION DATED
31.05.2021 SUBMITTED BY THE 1ST WRIT
PETITIONER BEFORE THE 9TH RESPONDENT.

¶1127

Exhibit P11TRUE COPY OF THE REPLY DATED
08.06.2021 ISSUED BY THE 9TH
RESPONDENT TO THE 1ST WRIT PETITIONER.

¶1128

Exhibit P12TRUE COPY OF THE LETTER DATED
24.06.2021 ISSUED BY THE 9TH
RESPONDENT TO THE 1ST WRIT PETITIONER.

¶1129

149

¶1130

WP.(C)No.14342 of 2019 & con.cases

¶1131

APPENDIX OF WP(C) 14264/2021

¶1132

PETITIONER EXHIBITS

¶1133

Exhibit P1THE TRUE COPY SALE DEED NO.610/2013 OF
SRO, KOZHENCHERY.

¶1134

Exhibit P2A TRUE COPY OF THE LAND TAX RECEIPT IN
THE NAME OF PETITIONERS DATED
27/07/2020 ISSUED BY 5TH RESPONDENT
VILLAGE OFFICER.

¶1135

Exhibit P3A TRUE COPY OF NOTICE VIDE
NO.C3/1468/21 DATED 17/05/2021 ISSUED
BY THE 6TH RESPONDENT TO THE
PETITIONER.

¶1136

Exhibit P4A TRUE COPY OF THE APPLICATION FOR
INFORMATION UNDER RTI DATED 03/06/2021
PREFERRED BY THE SIMILARLY SITUATED
PERSON AS THAT OF PETITIONERS TO 7TH
RESPONDENT.

¶1137

Exhibit P5A TRUE COPY OF THE REPLY UNDER RTI
VIDE REF.NO.B3-4174/21 GIVEN BY THE
OFFICE OF 7TH RESPONDENT.

¶1138

Exhibit P6A TRUE COPY OF THE REPLY UNDER RTI
VIDE REF.NO.A7-17412/09 DATED
11/06/2021 TO THE SIMILARLY SITUATED
PERSON AS THAT OF PETITIONERS.

¶1139

Exhibit P7A TRUE COPY OF THE REPRESENTATION
DATED 16/06/2021 SUBMITTED BY THE
PETITIONERS AND OTHER SIMILARLY PLACED
PERSONS TO THE HONOURABLE CHIEF
MINISTER OF KERALA.

¶1140

150

¶1141

WP.(C)No.14342 of 2019 & con.cases

¶1142

APPENDIX OF WP(C) 14353/2021

¶1143

PETITIONER EXHIBITS

¶1144

Exhibit P1TRUE COPY OF THE SALE DEED NO.1001 OF
2001 OF ARANMULA SRO.
Exhibit P2TRUE COPY OF THE TAX RECEIPT DATED
14/08/2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P3TRUE COPY OF THE COMPLAINT ALONG WITH
RECEIPT BEARING NO.C5-22168/11 DATED
15/11/2011.
Exhibit P4TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER ISSUED TO 1ST
PETITIONER.
Exhibit P5TRUE COPY OF THE REPLY DATED
24/05/2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P6TRUE COPY OF THE SALE DEED NO.9 OF
2005 OF ARANMULA SRO.
Exhibit P7TRUE COPY OF THE TAX RECEIPT DATED
27/04/2021.
Exhibit P8TRUE COPY OF THE BUILDING PERMIT
BEARING NO.A2-1959/10/P1/2010-11 DATED
08/04/2010.
Exhibit P9TRUE COPY OF THE COMMUNICATION BEARING
NO.D1-6066/11 DATED 21/11/2011 ISSUED
BY THE 3RD RESPONDENT.
Exhibit P10TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER ISSUED TO THE 2ND
PETITIONER.
Exhibit P11TRUE COPY OF THE REPLY DATED
24/05/2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1145

151

¶1146

WP.(C)No.14342 of 2019 & con.cases

¶1147

Exhibit P12TRUE COPY OF THE LETTER DATED
24/05/2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P13TRUE COPY OF THE SETTLEMENT DEED
NO.571 OF 2020 OF ARANMULA SRO.
Exhibit P14TRUE COPY OF THE TAX RECEIPT DATED
07/08/2020.
Exhibit P15TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER.
Exhibit P16TRUE COPY OF THE REPLY DATED
24/05/2021 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P17TRUE COPY OF THE LETTER DATED
24/05/2021 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P18TRUE COPY OF THE TAX RECEIPT DATED
16/06/2021.
Exhibit P19TRUE COPY OF THE LOCATION SKETCH DATED
22/10/2020.
Exhibit P20TRUE COPY OF THE BUILDING PERMIT DATED
22/01/2021 ISSUED TO THE 4TH
PETITIONER BY THE ARANMULA GRAMA
PANCHAYAT.
Exhibit P21TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER ISSUED TO THE 4TH
PETITIONER.
Exhibit P22TRUE COPY OF THE REPLY DATED
24/05/2021 SUBMITTED BY THE 4TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P23TRUE COPY OF THE SETTLEMENT DEED
NO.965 OF 2020 OF ARANMULA SRO.
Exhibit P24TRUE COPY OF SETTLEMENT DEED NO.665 OF
2001 OF ARANMULA SRO

¶1148

152

¶1149

WP.(C)No.14342 of 2019 & con.cases

¶1150

Exhibit P25TRUE COPY OF THE LAND TAX RECEIPT
DATED 23/11/2020 IN THE NAME OF 5TH
PETITIONER.
Exhibit P26TRUE COPY OF THE TAX RECEIPT DATED
19/10/2020 IN THE NAME OF SADASIVAN
PILLAI (FATHER OF 5TH PETITIONER).
Exhibit P27TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER ISSUED TO THE 5TH
PETITIONER.
Exhibit P28TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER ISSUED TO
SADASIVAN PILLAI, FATHER OF 5TH
PETITIONER.
Exhibit P29TRUE COPY OF THE NOTICE BEARING
NO.KSGL1/2019-20 DATED 17/05/2021
ALONG WITH MAHASSER ISSUED TO THE
KUNJULAKSHMI PILLAI, DECEASED
GRANDMOTHER OF 5TH PETITIONER.
Exhibit P30TRUE COPY OF THE REPLY DATED
13/07/2021 SUBMITTED BY THE 5TH
PETITIONER BEFORE THE 8TH RESPONDENT
IN RESPONSE TO EXHIBIT P27.
Exhibit P31TRUE COPY OF THE REPLY DATED
13/07/2021 SUBMITTED BY THE FATHER OF
5TH PETITIONER BEFORE THE 8TH
RESPONDENT IN RESPONSE TO EXHIBIT P28.
Exhibit P32TRUE COPY OF THE REPLY DATED
13/07/2021 SUBMITTED BY THE 5TH
PETITIONER'S AUNT SULOCHANAMMA BEFORE
THE 8TH RESPONDENT IN RESPONSE TO
EXHIBIT P29.
Exhibit P33TRUE COPY OF THE ORDER DATED
12/07/2021 IN DBP NO.55 OF 2018 AND
CONNECTED CASES BY THIS HON'BLE COURT.

¶1151

153

¶1152

WP.(C)No.14342 of 2019 & con.cases

¶1153

APPENDIX OF WP(C) 14577/2021

¶1154

PETITIONER EXHIBITS

¶1155

Exhibit P1TRUE COPY OF THE SETTLEMENT DEED NO.
483 OF 2000 OF ARANMULA SRO.

¶1156

Exhibit P2TRUE COPY OF THE TAX RECEIPT DATED
23.04.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P3TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
IST PETITIONER BY THE 8TH RESPONDENT.
Exhibit P4TRUE COPY OF THE REPLY SUBMITTED BY
THE IST PETITIONER FOR EXHIBIT P3
BEFORE THE 8TH RESPONDENT.

¶1157

Exhibit P5TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21.06.2021 ISSUED
TO THE IST PETITIONER, BY THE 5TH
RESPONDENT.
Exhibit P6TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE IST
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P7TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE IST
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1158

Exhibit P8TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
IST PETITIONER.

¶1159

Exhibit P9TRUE COPY OF THE TAX RECEIPT DATED
23.04.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE TO THE 2ND PETITIONER.

¶1160

Exhibit P10TRUE COPY OF THE NOTICE BERING NO.A5-
1554/21 DATED 07.05.2021 ISSUED TO 2ND
PETITIONER BY THE 8TH RESPONDENT.

¶1161

154

¶1162

WP.(C)No.14342 of 2019 & con.cases

¶1163

Exhibit P11TRUE COPY OF THE REPLY SUBMITTED BY
THE 2ND PETITIONER FOR EXHIBIT P10
BEFORE THE 8TH RESPONDENT.
Exhibit P12TRUE COPY OF THE NOTICE BERING NO. A7-
17412/2009 DATED 21.06.2021 ISSUED TO
THE 2ND PETITIONER BY THE 5TH
RESPONDENT.
Exhibit P13TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 2ND
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P14TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P15TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
2ND PETITIONER.
Exhibit P16TRUE COPY OF THE PARTITION DEED NO.
1235 OF 2009 OF ARANMULA SRO.
Exhibit P17TRUE COPY OF THE TAX RECEIPT DATED
02.07.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE TO THE HUSBAND OF 3RD
PETITIONER.
Exhibit P18TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED IN
THE NAME OF LATE KRISHNANKUTTY BY THE
8TH RESPONDENT.
Exhibit P19TRUE COPY OF THE REPLY SUBMITTED BY
THE 3RD PETITIONER FOR EXHIBIT P18
BEFORE THE 8TH RESPONDENT.
Exhibit P20TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO LATE
KRISHNANKUTTY BY THE 8TH RESPONDENT.
Exhibit P21TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1164

155

¶1165

WP.(C)No.14342 of 2019 & con.cases

¶1166

Exhibit P22TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT IN THE
NAME OF THE LATE KRISHNANKUTTY.
Exhibit P23TRUE COPY OF THE SETTLEMENT DEED NO.
1439 OF 1999 OF ARANMULA SRO.
Exhibit P24TRUE COPY OF THE TAX RECEIPT DATED
10.09.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P25TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
4TH PETITIONER AND HIS WIFE BY THE 8TH
RESPONDENT.
Exhibit P26TRUE COPY OF THE REPLY SUBMITTED BY
THE 4TH PETITIONER FOR EXHIBIT P25
BEFORE THE 8TH RESPONDENT.
Exhibit P27TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 4TH
PETITIONER AND HIS WIFE BY THE 8TH
RESPONDENT.
Exhibit P28TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 4TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P29TRUE COPY OF THE UDAMBADY NO. 1370 OF
1985 OF ARANMULA SRO.
Exhibit P30TRUE COPY OF THE TAX RECEIPT DATED
18.06.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE
Exhibit P31TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
5TH PETITIONER BY THE 8TH RESPONDENT.
Exhibit P32TRUE COPY OF THE REPLY SUBMITTED BY
THE 5TH PETITIONER FOR EXHIBIT P31
BEFORE THE 8TH RESPONDENT.

¶1167

Exhibit P33TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21/06/2021 ISSUED
TO THE 5TH PETITIONER BY THE 5TH
RESPONDENT.

¶1168

156

¶1169

WP.(C)No.14342 of 2019 & con.cases

¶1170

Exhibit P34TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 5TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P35TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
5TH PETITIONER
Exhibit P36TRUE COPY OF THE SETTLEMENT DEED NO.
1137 OF 1993 OF ARANMULA SRO.
Exhibit P37TRUE COPY OF THE TAX RECEIPT DATED
01.02.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P38TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
6TH PETITIONER BY THE 8TH RESPONDENT.
Exhibit P39TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21.06.2021 ISSUED
TO THE 6TH PETITIONER BY THE 5TH
RESPONDENT.
Exhibit P40TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 6TH
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P41TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 6TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P42TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
6TH PETITIONER.
Exhibit P43TRUE COPY OF THE SETTLEMENT DEED NO.
1533 OF 2006 OF ARANMULA SRO.
Exhibit P44TRUE COPY OF THE TAX RECEIPT DATED
17.06.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P45TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
7TH PETITIONER BY THE 8TH RESPONDENT.

¶1171

157

¶1172

WP.(C)No.14342 of 2019 & con.cases

¶1173

`Exhibit P46`	`TRUE COPY OF THE NOTICE BEARING NO.` `A7-17412/2009 DATED 21.06.2021 ISSUED` `TO THE 7TH PETITIONER BY THE 5TH` `RESPONDENT.`
`Exhibit P47`	`TRUE COPY OF THE NOTICE DATED` `05.07.2021 ISSUED TO THE 7TH` `PETITIONER BY THE 8TH RESPONDENT.`
`Exhibit P48`	`TRUE COPY OF THE REPLY DATED` `08.07.2021 SUBMITTED BY THE 7TH` `PETITIONER BEFORE THE 8TH RESPONDENT.`
`Exhibit P49`	`TRUE COPY OF THE NOTICE DATED` `09.05.2021 ISSUED BY THE 8TH` `RESPONDENT TO THE 7TH PETITIONER.`
`Exhibit P50`	`TRUE COPY OF THE SALE DEED NO. 17 OF` `2020 OF ARANMULA SRO.`
`Exhibit P51`	`TRUE COPY OF THE TAX RECEIPT DATED` `21.01.2020 ISSUED FROM ARANMULA` `VILLAGE OFFICE.`
`Exhibit P52`	`TRUE COPY OF THE NOTICE BEARING NO.` `A5-1554/21 DATED 07.05.2021 ISSUED TO` `ABOVE SAID JUBY AND HIS WIFE BY THE` `8TH RESPONDENT.`
`Exhibit P53`	`TRUE COPY OF THE NOTICE BEARING NO.` `A7-17412/2009 DATED 21.06.2021 ISSUED` `TO ABOVE SAID JUBY AND NISHA BY THE` `5TH RESPONDENT.`
`Exhibit P54`	`TRUE COPY OF THE NOTICE DATED` `05.07.2021 ISSUED TO ABOVE SAID JUBY` `AND NISHA BY THE 8TH RESPONDENT.`
`Exhibit P55`	`TRUE COPY OF THE REPLY DATED` `08.07.2021 SUBMITTED BY THE 8TH` `PETITIONER BEFORE THE 8TH RESPONDENT.`
`Exhibit P56`	`TRUE COPY OF NOTICE DATED 09.05.2021` `ISSUED BY THE 8TH RESPONDENT TO JUBY` `AND NISHA.`
`Exhibit P57`	`TRUE COPY OF THE SETTLEMENT DEED NO.` `641 OF 2017 OF ARANMULA SRO.`

¶1174

158

¶1175

WP.(C)No.14342 of 2019 & con.cases

¶1176

Exhibit P58TRUE COPY OF THE TAX RECEIPT DATED
24.06.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P59TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
9TH PETITIONER BY THE 8TH RESPONDENT.
Exhibit P60TRUE COPY OF THE REPLY SUBMITTED BY
THE 9TH PETITIONER FOR EXHIBIT P59
BEFORE THE 8TH RESPONDENT.
Exhibit P61TRUE COPY OF THE NOTICE BEARING NO. A7
-17412/2009 DATED 21.06.2021 ISSUED TO
THE 9TH PETITIONER BY THE 5TH
RESPONDENT.
Exhibit P62TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 9TH
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P63TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 9TH
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1177

Exhibit P64TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
9TH PETITIONER.
Exhibit P65TRUE COPY OF THE SALE DEED NO.1342 OF
2014 OF ARANMULA SRO.
Exhibit P66TRUE COPY OF THE TAX RECEIPT DATED
24.06.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P67TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
ABOVE SAID SANTHOSH BABU AND LEENA
SAMUEL BY THE 8TH RESPONDENT.

¶1178

Exhibit P68TRUE COPY OF THE REPLY SUBMITTED BY
THE SANTHOSH BABU FOR EXHIBIT P67
BEFORE THE 8TH RESPONDENT.

¶1179

Exhibit P69TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE SANTHOSH BABU

¶1180

159

¶1181

WP.(C)No.14342 of 2019 & con.cases

¶1182

AND LEENA SAMUEL BY THE 8TH
RESPONDENT.

¶1183

Exhibit P70TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 9TH
PETITIONER ON BEHALF OF SANTHOSH BABU
AND LEENA SAMUEL BEFORE THE 8TH
RESPONDENT.
Exhibit P71TRUE COPY OF THE NOTICE DATED
09.05.2021 ISSUED BY THE 8TH
RESPONDENT TO THE SANTHOSH BABU AND
LEENA SAMUEL.
Exhibit P72TRUE COPY OF THE SALE DEED NO. 593 OF
2008 OF ARANMULA SRO.
Exhibit P73TRUE COPY OF THE TAX RECEIPT DATED
28.05.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P74TRUE COPY OF THE NOTICE BEARING NO A5-
1554/21 DATED 07.05.2021 ISSUED TO
HUSBAND OF 10TH PETITIONER BY THE 8TH
RESPONDENT.
Exhibit P75TRUE COPY OF THE NOTICC BEARING NO.
A7-17412/2009 DATED 21.06.2021 ISSUED
TO THE HUSBAND OF 10TH PETITIONER BY
THE 5TH RESPONDENT.

¶1184

Exhibit P76TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE HUSBAND OF
10TH PETITIONER BY THE 8TH RESPONDENT.
Exhibit P77TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 10TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P78TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
HUSBAND OF 10TH PETITIONER.

¶1185

Exhibit P79TRUE COPY OF THE TAX RECEIPT DTD.
13.07.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.

¶1186

160

¶1187

WP.(C)No.14342 of 2019 & con.cases

¶1188

Exhibit P80TRUE COPY OF THE NOTICE BEARING NO A5-
1554/21 DATED 07.05.2021 ISSUED TO
11TH PETITIONER BY THE 8TH RESPONDENT.
Exhibit P81TRUE COPY OF THE REPLY SUBMITTED BY
THE 11TH PETITIONER FOR EXHIBIT P80
BEFORE THE 8TH RESPONDENT.
Exhibit P82TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21.06.2021 ISSUED
TO THE 11TH PETITIONER BY THE 5TH
RESPONDENT.
Exhibit P83TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 11TH
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P84TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 11TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P85TRUE COPY OF THE PARTITION DEED NO.
1210 OF 2015 OF ARANMULA SRO.
Exhibit P86TRUE COPY OF THE TAX RECEIPT DATED
08.01.2021 ISSUED IN FAVOUR OF MR.
AJAYKUMAR FROM ARAMNMULA VILLAGE
OFFICE.
Exhibit P87TRUE COPY OF THE TAX RECEIPT DATED
08.01.2021 ISSUED IN FAVOUR OF MR.
ANILKUMAR FROM ARANMULA VILLAGE
OFFICE.
Exhibit P88TRUE COPY OF THE REPLY SUBMITTED BY
MR. AJAYKUMAR SON OF 12TH PETITIONER
BEFORE THE 8TH RESPONDENT.
Exhibit P89TRUE COPY OF THE REPLY SUBMITTED BY
MR. ANILKUMAR SON OF 12TH PETITIONER
BEFORE THE 8TH RESPONDENT.
Exhibit P90TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO MR. AJAYKUMAR SON
OF 12TH PETITIONER BY THE 8TH
RESPONDENT.

¶1189

161

¶1190

WP.(C)No.14342 of 2019 & con.cases

¶1191

Exhibit P91TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO MR. ANILKUMAR SON
OF 12TH PETITIONER BY THE 8TH
RESPONDENT.
Exhibit P92TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 12TH
PETITIONER BEFORE THE 8TH RESPONDENT.
Exhibit P93TRUE COPY OF THE NOTICE DATED
09.05.2021 ISSUED BY THE 8TH
RESPONDENT IN THE NAME OF
MR.AJAYAKUMAR SON OF 12TH PETITIONER.
Exhibit P94TRUE COPY OF THE NOTICE DATED
09.05.2021 ISSUED BY THE 8TH
RESPONDENT IN THE NAME OF MR.
ANILKUMAR SON OF 12TH PETITIONER.
Exhibit P95TRUE COPY OF THE SALE DEED NO.193 OF
1983 OF ARANMULA SRO.
Exhibit P96TRUE COPY OF THE TAX RECEIPT DATED
09.06.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE.
Exhibit P97TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
13TH PETITIONER BY THE 8TH RESPONDENT.
Exhibit P98TRUE COPY OF THE REPLY SUBMITTED BY
THE 13TH PETITIONER FOR EXHIBIT P97
BEFORE THE 8TH RESPONDNET.
Exhibit P99TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21.06.2021 ISSUED
TO THE 13TH PETITIONER BY THE 5TH
RESPONDENT.
Exhibit P100TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 13TH
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P101TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 13TH
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1192

162

¶1193

WP.(C)No.14342 of 2019 & con.cases

¶1194

Exhibit P102TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT TO THE
13TH PETITIONER.
Exhibit P103TRUE COPY OF THE SETTLEMENT DEED NO.
1238 OF 2013 OF ARANMULA SRO.

¶1195

Exhibit P104TRUE COPY OF THE TAX RECEIPT DATED
22.06.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.

¶1196

Exhibit P105TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
THE HUSBAND OF 14TH PETITIONER BY THE
8TH RESPONDENT.

¶1197

Exhibit P106TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE HUSBAND OF
14TH PETITIONER BY THE 8TH RESPONDENT.

¶1198

Exhibit P107TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE 14TH
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1199

Exhibit P108TRUE COPY OF NOTICE DATED 09.05.2021
ISSUED BY THE 8TH RESPONDENT IN THE
NAME OF THE HUSBAND OF 14TH
PETITIONER.

¶1200

Exhibit P109TRUE COPY OF THE SALE DEED NO.421 OF
2008 OF ARANMULA SRO.

¶1201

Exhibit P110TRUE COPY OF THE TAX RECEIPT DATED
09.07.2021 ISSUED FROM ARANMULA
VILLAGE OFFICE.

¶1202

Exhibit P111TRUE COPY OF THE NOTICE BERING NO.A5-
1554/21 DATED 07.05.2021 ISSUED TO
15TH PETITIONER BY THE 8TH RESPONDENT.

¶1203

Exhibit P112TRUE COPY OF THE REPLY SUBMITTED BY
THE BROTHER OF 15TH PETITIONER FOR
EXHIBIT P111 BEFORE THE 8TH
RESPONDENT.

¶1204

Exhibit P113TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 15TH
PETITIONER BY THE 8TH RESPONDENT.

¶1205

163

¶1206

WP.(C)No.14342 of 2019 & con.cases

¶1207

Exhibit P114TRUE COPY OF THE REPLY DATED
09.07.2021 SUBMITTED BY THE BROTHER OF
15TH PETITIONER BEFORE THE 8TH
RESPONDENT.

¶1208

Exhibit P115TRUE COPY OF THE TAX RECEIPT DATED
17.02.2020 ISSUED FROM ARANMULA
VILLAGE OFFICE.

¶1209

Exhibit P116TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07.05.2021 ISSUED TO
16TH PETITIONER BY THE 8TH RESPONDENT.

¶1210

Exhibit P117TRUE COPY OF THE NOTICE DATED
05.07.2021 ISSUED TO THE 16TH
PETITIONER BY THE 8TH RESPONDENT.

¶1211

Exhibit P118TRUE COPY OF THE REPLY DATED
13.07.2021 SUBMITTED BY THE 16TH
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1212

Exhibit P119TRUE COPY OF THE ORDER DATED
12.07.2021 IN DBP NO. 55 OF 2018 AND
CONNECTED CASES.

¶1213

164

¶1214

WP.(C)No.14342 of 2019 & con.cases

¶1215

APPENDIX OF WP(C) 14800/2021

¶1216

PETITIONER EXHIBITS

¶1217

Exhibit P1TRUE COPY OF THE POSSESSION DOCUMENT
ISSUED TO THE 1ST PETITIONER BY THE
TAHSILDAR, KOZHENCHERRY BEARING NO. LA
15/99/C7.

¶1218

Exhibit P1(A)TRUE COPY OF THE POSSESSION DOCUMENT
ISSUED TO THE 2ND PETITIONER BY THE
TAHSILDAR, KOZHENCHERRY BEARING NO. LA
20/99/C7.
Exhibit P1(B)TRUE COPY OF THE POSSESSION DOCUMENT
ISSUED TO THE 3RD PETITIONER BY THE
TAHSILDAR, KOZHENCHERRY BEARING NO. LA
18/99/C7.
Exhibit P2TRUE COPY OF THE RELEVANT PAGES OF THE
RATION CARD BEARING NO. 1312002536 OF
1ST PETITIONER.
Exhibit P2(A)TRUE COPY OF THE RELEVANT PAGES OF THE
RATION CARD BEARING NO.1312002535 OF
2ND PETITIONER.
Exhibit P2(B)TRUE COPY OF THE RELEVANT PAGES OF THE
RATION CARD BEARING NO. 1312094593 OF
3RD PETITIONER.
Exhibit P3TRUE PHOTOGRAPHS (3 NOS) OF THE
RESIDENTIAL HOUSES OF PETITIONERS 1 TO
3.

¶1219

Exhibit P4TRUE COPY OF THE CASTE CERTIFICATE
DATED 20/07/2004 BEARING NO. K.DIS
2438/04/A9 ISSUED TO THE 1ST
PETITIONER BY THE TAHSILDAR,
KOZHENCHERY.
Exhibit P5TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07/05/2021 ISSUED TO
1ST PETITIONER BY THE 8TH RESPONDENT.

¶1220

165

¶1221

WP.(C)No.14342 of 2019 & con.cases

¶1222

Exhibit P5(A)TRUE COPY OF THE NOTICE BEARING NO.
A5-1554/21 DATED 07/05/2021 ISSUED TO
2ND PETITIONER BY THE 8TH RESPONDENT.
Exhibit P6TRUE COPY OF THE OBJECTION DATED
21/05/2021 FOR EXHIBIT P5 SUBMITTED
BEFORE THE 8TH RESPONDENT BY THE 1ST
PETITIONER.
Exhibit P6(A)TRUE COPY OF THE OBJECTION DATED
21/05/2021 FOR EXHIBIT P5(A) SUBMITTED
BEFORE THE 8TH RESPONDENT BY THE 2ND
PETITIONER.

¶1223

Exhibit P7TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21/06/2021 ISSUED
TO THE 1ST PETITIONER BY THE 5TH
RESPONDENT.

¶1224

Exhibit P7(A)TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21/06/2021 ISSUED
TO THE 2ND PETITIONER BY THE 5TH
RESPONDENT.
Exhibit P7(B)TRUE COPY OF THE NOTICE BEARING NO.
A7-17412/2009 DATED 21/06/2021 ISSUED
TO THE 3RD PETITIONER BY THE 5TH
RESPONDENT.

¶1225

Exhibit P8TRUE COPY OF THE NOTICE DATED
05/07/2021 ISSUED TO THE 1ST
PETITIONER BY THE 8TH RESPONDENT.

¶1226

Exhibit P8(A)TRUE COPY OF THE NOTICE DATED
05/07/2021 ISSUED TO THE 2ND
PETITIONER BY THE 8TH RESPONDENT.
Exhibit P8(B)TRUE COPY OF THE NOTICE DATED
05/07/2021 ISSUED TO THE 3RD
PETITIONER BY THE 8TH RESPONDENT.

¶1227

Exhibit P9TRUE COPY OF THE REPLY DATED
08/07/2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1228

Exhibit P9(A)TRUE COPY OF THE REPLY DATED
08/07/2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1229

166

¶1230

WP.(C)No.14342 of 2019 & con.cases

¶1231

Exhibit P9(B)TRUE COPY OF THE REPLY DATED
08/07/2021 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 8TH RESPONDENT.

¶1232

Exhibit P10TRUE COPY OF NOTICE DATED 09/05/2021
ISSUED BY THE 8TH RESPONDENT TO THE
2ND PETITIONER.

¶1233

Exhibit P11TRUE COPY OF THE ORDER DATED
12/07/2021 IN DBP NO.55/2018 AND
CONNECTED CASES.

¶1234

167

¶1235

WP.(C)No.14342 of 2019 & con.cases

¶1236

APPENDIX OF WP(C) 15134/2021

¶1237

PETITIONER EXHIBITS

¶1238

Exhibit P1TRUE COPY OF RECEIPT SHOWING
REMITTANCE OF LAND TAX WITH RESPECT TO
THE LAND OWN BY THE PETITIONER DATED
19.04.2021.
Exhibit P2TRUE COPY OF RECEIPT SHOWING
REMITTANCE OF PROPERTY TAX WITH
RESPECT TO THE RESIDENTIAL BUILDING
BEARING NO.11/98 OF KOZHENCHERRY GRAMA
PANCHAYAT DATED 20.07.2021.
Exhibit P3TRUE COPY OF PARTITION DEED BEARING
NO.1428 OF KOZHENCHERRY SRO, EXECUTED
AMONG THE LEGAL HEIRS OF SRI.THOMAS
VETTUVELIPARAMBIL INCLUDING THE
PETITIONER DATED 30.12.1994.
Exhibit P4TRUE COPY OF RELEVANT EXTRACT OF THE
ASSET REGISTER OF THE RESPONDENT
PANCHAYAT WITH RESPECT TO THE ROAD IN
QUESTION.
Exhibit P5TRUE COPY OF NOTICE DATED 17.05.2021
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
Exhibit P6TRUE COPY OF NOTICE DATED 09.07.2021
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
Exhibit P7TRUE COPY OF OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT ON 26.07.2021.
Exhibit P8PHOTOGRAPHS SHOWING THE LIE AND NATURE
OF THE PETITIONER'S PROPERTY AS WELL
AS THE BOARD PUT UP BY THE 1ST
RESPONDENT IN THE PETITIONER'S
PROPERTY.
Exhibit P9TRUE COPY OF G.O.(P)NO.191/2016/RD,
DATED 01.03.2016.

¶1239

168

¶1240

WP.(C)No.14342 of 2019 & con.cases

¶1241

APPENDIX OF WP(C) 15159/2021

¶1242

PETITIONER EXHIBITS

¶1243

Exhibit P1TRUE COPY OF THE REGISTERED SALE DEED
NO.761 OF 2005 OF SUB REGISTRY OFFICE,
ARANMULA DATED 27.05.2005

¶1244

Exhibit P2TRUE COPY OF THE REGISTERED PARTITION
DEED NO.704 OF 2005 IN BOOK I, VOLUME
638 OF SUB REGISTRY OFFICE, ARANMULA
DATED 08.06.2005

¶1245

Exhibit P3TRUE COPY OF THE NOTICE NO.A4-
2390/2020 DATED 12.04.2021 ISSUED BY
THE 5TH RESPONDENT

¶1246

Exhibit P4TRUE COPY OF THE OBJECTION TO THE
EXHIBIT P3 NOTICES DATED 19.04.2021

¶1247

Exhibit P5TRUE COPY OF THE NOTICE NO.A3-
1296/2021 DATED 24.06.2021 ISSUED BY
THE 5TH RESPONDENT

¶1248

Exhibit P6TRUE COPY OF THE APPEAL TO THE 2ND
RESPONDENT DATED 28.06.2021 FILED BY
THE PETITIONER

¶1249

169

¶1250

WP.(C)No.14342 of 2019 & con.cases

¶1251

APPENDIX OF WP(C) 15686/2021

¶1252

PETITIONER EXHIBITS

¶1253

Exhibit P1TRUE COPY OF THE SALE DEED NO.888/1982
OF PANDALAM SRO
Exhibit P1(a)TRUE COPY OF THE SALE DEED NO.887/1982
OF PANDALAM SRO
Exhibit P2TRUE COPY OF THE TAX RECEIPT DATED
02.07.2021 ISSUED FROM KULANADA
VILLAGE OFFICE
Exhibit P3TRUE COPY OF THE NOTICE BEARING NO.
A2.2795/2021 DATED 12.05.2021 ISSUED
TO THE PETITIONER BY THE 8TH
RESPONDENT ALONG WITH MAHAZAR REPORT
Exhibit P4TRUE COPY OF THE NOTICE BEARING NO.A7-
17412/2009 DATED 29.06.2021 ISSUED TO
THE 1ST PETITIONER BY THE 5TH
RESPONDENT
Exhibit P5TRUE COPY OF THE OBJECTION DATED
21.07.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P6TRUE COPY OF THE OBJECTION DATED
21.07.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 8TH RESPONDENT
Exhibit P7TRUE COPY OF THE SALE DEED NO.2008 OF
1991 OF PANDALAM SRO
Exhibit P8TRUE COPY OF THE TAX RECEIPT DATED
22.09.2020 ISSUED FROM KULANADA
VILLAGE OFFICE
Exhibit P9TRUE COPY OF THE NOTICE BEARING
NO.A2.2795/2021 DATED 12.05.2021
ISSUED TO THE PETITIONER BY THE 8TH
RESPONDENT ALONG WITH MAHAZAR REPORT

¶1254

170

¶1255

WP.(C)No.14342 of 2019 & con.cases

¶1256

Exhibit P10TRUE COPY OF THE OBJECTION DATED
21.07.2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 5TH RESPONDENT

¶1257

Exhibit P11TRUE COPY OF THE OBJECTION DATED
21.07.2021 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 8TH RESPONDENT

¶1258

Exhibit P12TRUE COPY OF THE ORDER DATED
12.07.2021 IN DBP NO.55 OF 2018 AND
CONNECTED CASES

¶1259

171

¶1260

WP.(C)No.14342 of 2019 & con.cases

¶1261

APPENDIX OF WP(C) 16719/2021

¶1262

PETITIONER EXHIBITS

¶1263

`Exhibit P1`	`THE TRUE COPY OF SALE DEED NO.686/1985` `OF SRO, KOZHENCHERRY`
`Exhibit P1 (A)`	`THE TRUE COPY OF SALE DEED NO.692/1985` `OF SRO, KOZHENCHERRY`
`Exhibit P1 (B)`	`THE TRUE COPY OF SALE DEED NO.693/1985` `OF SRO, KOZHENCHERRY`
`Exhibit P2`	`THE TRUE COPY OF THE LAND TAX RECEIPT` `IN THE NAME OF PETITIONERS DATED` `29.9.2020 ISSUED BY 5TH RESPONDENT-` `VILLAGE OFFICER`
`Exhibit P3`	`A TRUE COPY OF NOTICE VIDE NO.C3-` `1468/21 DATED 17.5.2021 ISSUED BY THE` `6TH RESPONDENT TO THE PETITIONER`
`Exhibit P4`	`A TRUE COPY OF THE APPLICATION FOR` `INFORMATION UNDER RTI DATED 3.6.2021` `PREFERRED BY THE SIMILARLY SITUATED` `PERSON AS THAT OF PETITIONERS TO 7TH` `RESPONDENT.`
`Exhibit P5`	`A TRUE COPY OF THE REPLY UNDER RTI` `VIDE REF.NO.B3-4174/21 GIVEN BY THE` `OFFICE OF 7TH RESPONDENT`
`Exhibit P6`	`A TRUE COPY OF THE REPLY UNDER RTI` `VIDE REF.NO.A7-17412/09 DATED` `11.6.2021 TO THE SIMILARLY SITUATED` `PERSON AS THAT OF PETITIONERS.`
`Exhibit P7`	`A TRUE COPY OF THE REPRESENTATION` `DATED 24.7.2021 SUBMITTED BY THE` `PETITIONERS TO THE HONOURABLE CHIEF` `MINISTER OF KERALA.`

¶1264

172

¶1265

WP.(C)No.14342 of 2019 & con.cases

¶1266

APPENDIX OF WP(C) 16856/2021

¶1267

PETITIONER EXHIBITS

¶1268

`Exhibit P1`	`THE TRUE COPY WILL DEED NO.85/2004 OF` `SRO KOZHENCHERRY`
`Exhibit P2`	`THE TRUE COPY OF THE SETTLEMENT DEED` `NO.1038/2005 OF SRO. KOZHENCHERRY`
`Exhibit P3`	`A TRUE COPY OF THE LAND TAX RECEIPT IN` `THE NAME OF PETITIONER DATED` `26.07.2017 ISSUED BY 5TH RESPONDENT-` `VILLAGE OFFICER`
`Exhibit P4`	`A TRUE COPY OF NOTICE VIDE` `NO.KSGL1/2019-20 DATED 17.05.2021` `ISSUED BY THE 8TH RESPONDENT TO THE` `PETITIONER`
`Exhibit P5`	`A TRUE COPY OF MAHASAR PREPARED ON` `28.04.2021 WITH RESPECT TO THE` `PROPERTY OF THE PETITIONER`
`Exhibit P6`	`A TRUE COPY OF THE APPLICATION FOR` `INFORMATION UNDER RTI DATED 03.06.2021` `PREFERRED BY THE SIMILARLY SITUATED` `PERSON AS THAT OF PETITIONER TO 7TH` `RESPONDENT`
`Exhibit P7`	`A TRUE COPY OF THE REPLY UNDER RTI` `VIDE REF NO.B3-4174/21 GIVEN BY THE` `OFFICE OF 7TH RESPONDENT`
`Exhibit P8`	`A TRUE COPY OF THE REPLY UNDER RTI` `VIDE REF NO.A7-17412/09 DATED` `11.06.2021 TO THE SIMILARLY SITUATED` `PERSON AS THAT OF PETITIONERS`
`Exhibit P9`	`A TRUE COPY OF THE REPRESENTATION` `DATED 24.07.2021 SUBMITTED BY THE` `PETITIONER AND OTHER SIMILARLY PLACED` `PERSONS TO THE HONURABLE CHIEF` `MINISTER OF KERALA`

¶1269

173

¶1270

WP.(C)No.14342 of 2019 & con.cases

¶1271

APPENDIX OF WP(C) 16987/2021

¶1272

PETITIONER EXHIBITS

¶1273

Exhibit P1THE TRUE COPY OF THE THANDAPPER
REGISTER OF THE THANDAPPER NO.3812 OF
KOZHENCHERRY VILLAGE

¶1274

Exhibit P2TRUE COPY OF THE LAND TAX RECEIPT IN
THE NAME OF SRI.BESHY JACOB THOMAS AND
HIS WIFE SMT.AJI MATHEW
Exhibit P3A TRUE COPY OF THE LAND TAX RECEIPT IN
THE NAME OF PETITIONERS DECEASED
FATHER DATED 15.09.2020 ISSUED BY 5TH
RESPONDENT-VILLAGE OFFICER
Exhibit P4THE TRUE COPY OF NOTICE VIDE NO.C3-
1468/21 DATED 09.07.2021 ISSUED BY THE
6TH RESPODNNT TO THE DECEASED FATHER
OF PETITIONER
Exhibit P5THE TRUE COPY OF THE NOTICE VIDE
NO.C3-1468/21 DATED 20.07.2021 WAS
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER
Exhibit P6THE TRUE COPY OF THE ROUGH SKETCH
SHOWN TO HAVE PREPARTED BY THE VILLAGE
OFFICER, KOZHENCHERRY
Exhibit P7THE TRUE COPY OF THE APPLICATION FOR
INFORMATION UNDER RTI DATED 03.06.2021
PREFERRED BY THE SIMILARLY SITUATED
PERSON AS THAT OF PETITIONER TO 7TH
RESPONDENT
Exhibit P8THE TRUE COPY OF THE REPLY UNDER RTI
VIDE REF NO.B3-4174/21 GIVEN BY THE
OFFICE OF 7TH RESPONDENT
Exhibit P9THE TRUE COPY OF THE REPLY UNDER RTI
VIDE REF NO.A7-17412/09 DATED
11.06.2021 TO THE SIMILARLY SITUATED
PERSON AS THAT OF PETITIONER

¶1275

174

¶1276

WP.(C)No.14342 of 2019 & con.cases

¶1277

Exhibit P10THE TRUE COPY OF THE REPRESENTATION
DATED 24.07.2021 SUBMITTED BY THE
PETITIONER AND OTHER SIMILARLY PLACED
PERSONS TO THE HONURABLE CHIEF
MINISTER OF KERALA

¶1278

175

¶1279

WP.(C)No.14342 of 2019 & con.cases

¶1280

APPENDIX OF WP(C) 30726/2021

¶1281

PETITIONER EXHIBITS

¶1282

Exhibit P1THE TRUE COPY OF SALE DEED NO.51/2020
OF SRO, ARANMULA.

¶1283

`Exhibit P2`	`THE TRUE COPY OF THE RELEASE DEED` `NO.764/2000 OF SRO, ARANMULA.`
`Exhibit P3`	`THE TRUE COPY OF THE LAND TAX RECEIPT` `IN THE NAME OF PETITIONER DATED` `17.10.2020 ISSUED BY 5TH RESPONDENT -` `VILLAGE OFFICER.`
`Exhibit P4`	`THE TRUE COPY OF NOTICE VIDE NO.A4-` `923/21 DATED 7.7.2021 ISSUED BY THE` `8TH RESPONDENT TO THE PETITIONER.`
`Exhibit P5`	`THE TRUE COPY OF THE APPLICATION FOR` `INFORMATION UNDER RTI DATED 3.6.2021` `PREFERRED BY THE SIMILARLY SITUATED` `PERSON AS THAT OF PETITIONER TO 7TH` `RESPONDENT.`
`Exhibit P6`	`THE TRUE COPY OF THE REPLY UNDER RTI` `VIDE REF.NO.B3-4174/21 GIVEN BY THE` `OFFICE OF 7TH RESPONDENT.`
`Exhibit P7`	`THE TRUE COPY OF THE REPLY UNDER RTI` `VIDE REF.NO.A7-17412/09 DATED` `11.6.2021 TO THE SIMILARLY SITUATED` `PERSON AS THAT OF PETITIONERS.`
`Exhibit P8`	`THE TRUE COPY OF THE REPRESENTATION` `DATED 16.7.2021 SUBMITTED BY THE` `PETITIONER AND ANOTHER SIMILARLY` `PLACED PERSON TO THE HONOURABLE CHIEF` `MINISTER OF KERALA.`

Jacob Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jacob Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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