Dismissed

Pallathamkulangara Bhagavathi Devaswom v. v.R.Raneshan

Kerala HC1 Aug 2022WP(C)/3177/2005

Case brief

AI extract

What is this about?

The petitioner Devaswom filed this writ petition alleging trespass and disturbance of rituals on its property by respondents and seeking directions for police protection, survey rectification, and removal of boards. The court held that since the 14th respondent denied manipulation in survey records and the petitioners failed to point specific reasons for such claims, there was nothing surviving in

What did the court decide?

The Writ Petition was disposed of leaving open the legal and factual contentions of the parties in the matter in dispute.

Pallathamkulangara Bhagavathi Devaswom Vs v.R.Raneshan — Property and Title | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 W.P.(C) NO.3177 OF 2005

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PETITIONERS:

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1 PALLATHAMKULANGARA BHAGAVATHI DEVASWOM

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REPRESENTED BY ITS PRESIDENT, K.RAJMOHAN, AGED 52 YEARS, S/O. KRISHNA MENON, RESIDING AT ILLIKKAL (H), AYYAMPILLY (P.O).

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2 UNNIKRISHNAN M.A., AGED 62 YEARS, S/O. KESAVA MENON, RADHAMRUTHAM, CHERAI, SECRETARY, PALLATHAMKULANGARA BAGAVATHI DEVASWOM.

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BY ADV SMT.G.SUMA

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RESPONDENTS:

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1 V.R.RANESHAN

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S/O. RAMACHANDRAN NAIK, VATHERRIPARAMBIL, KUZHUPPILLY, AYYAMPILLY P.O.

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2 V.R.GOPALAKRISHNAN S/O. RAMACHANDRAN NAIK, VATHERRIPARAMBIL, KUZHUPPILLY, AYYAMPILLY P.O.

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3 DIVAKARAN

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S/O. AYYAPPAN, PALLINIKATHIL, KUZHUPPILLY, AYYAMPILLY P.O.

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4 SUDHAKARAN

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S/O. KUMARAN, POOTHERY HOUSE, KUZHUPPILLY, AYYAMPILLY.

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W.P.(C) No.3177 of 2005

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5 SAREESH S/O. DASAN, KUIMAPARAMBIL, KUZHUPPILLY, AYYAMPILLY P.O.

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6 SURESH S/O. SUBRAN, KARIYEZHATH, CHATHANGADU BAZAR, EDAVANAKKADU P.O.

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7 RAMESHAN MATRIX ELECTRONICS, NEAR VYPIN GAS, KUZHUPPILLY, AYYAMPILLY P.O.

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8 RAJENDRAN, AGED 52 YEARS, S/O. KRISHNA MENON, RESIDING AT ILLIKKAL (H), AYYAMPILLY (P.O).

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9 ANANDHAKRISHNAN, S/O. SREENIVASAN EMBRANTHIRI, RESIDING AT KARAYI MADAM, AYYAMPILLY (P.O).

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10 KASI VISWANATH S/O. M.S.MENON, REVENUE INSPECTOR, DEVASWOM BOARD, THIRUVANCHIKULAM GROUP, KODUNGALLOOR, THRISSUR.

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11 COCHIN DEVASWOM BOARD REP. BY ITS COMMISSIONER SECRETARY, ROUND NORTH, THRISSUR.

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12 SANJAY PRABHU S/O. DAYANANDA PRABHU, SECRETARY, PANCHAYAT, KUZHUPPILLY.

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13 CIRCLE INSPECTOR OF POLICE, NJARAKKAL. 14 THE DIRECTOR OF SURVEY, THIRUVANANTHAPURAM.

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15 STATE OF KERALA, REP. BY ITS CHIEF SECRETARY. BY ADVS. R1 TO R7 BY SRI.K.V.SOHAN R8, R9 BY SRI.S.SREEKUMAR

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W.P.(C) No.3177 of 2005

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R10, R11 BY SRI.RAMESH CHANDER, SC, CDB BY K.P.SUDHEER, SC, CDB R13 TO R15 BY S.RAJMOHAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.3177 of 2005

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JUDGMENT

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Ajithkumar, J.

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This Writ Petition was filed on behalf of the

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Pallathamkulangara Bhagavathy Devaswom by its President and Secretary. They on the basis of the allegation that 70 cents of property comprised in Sy.No.527/2 of Kuzhuppilly Village belonging to the petitioner-Devaswom was tried to be trespassed upon and also disturbing the peaceful conduct of the rituals and ceremonies in the Temple situated in the said property by respondent Nos.1 to 10, this Writ Petition has been filed seeking the following reliefs:

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“i) A writ of mandamus or any other writ may be issued commanding the 11^th respondent to ensure the protection of the properties of the petitioner-Devaswom by taking necessary actions against the persons (respondents 1 to 7 and 10) who are causing much loss and damages to the petitioner, so that in future no such activities take place and also to remove the Bhandaram and the Board kept forcefully in the petitioner Devaswom property as expeditiously as possible; ii) A writ of mandamus or any other writ may be issued commanding the 13^th respondent to investigate

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W.P.(C) No.3177 of 2005

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upon the complaints filed by the petitioner-Devaswom and to take necessary legal action against the persons (respondents 1 to 9) who are liable for such activities that are causing great danger to the petitionerDevaswom and also creating volatile situation in the locality;

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iii) To issue a writ of mandamus or any other writ with a direction to the 14^th respondent to rectify the mistakes that was made in the Re-survey records and take the necessary steps for corrections, within a time bound manner;

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iv) To issue a writ of mandamus or any other writ with a direction to the 13^th respondent to provide protection to the petitioner-Devaswom as and when it is requested; v) To issue a direction/order to respondents 1 to 9 not to enter the property of the petitioner-Devaswom and cause damages and create volatile situation; vi) To quash Exhibit-P41 and issue a writ of mandamus or any other appropriate writ/order/direction to respondents 14 & 15 to make necessary changes in Resurvey records and other Governmental records and take such actions necessary to bring forth such changes in Resurvey records in a time bound manner, so that the name of the petitioner-Devaswom is shown in the Governmental records, enabling the petitioner-Devaswom to enjoy its property without any hindrance from any side as it has been doing from time immemorial;”

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W.P.(C) No.3177 of 2005

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Relief No.6 was added by way of amendment allowed as per order on I.A.No.6700 of 2006.

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The 3^rd respondent-Thrikkakara Grama Panchayat has filed an affidavit through its Secretary producing therewith Exts.R3(a) to R3(c).

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Respondent Nos.8 and 9 filed counter affidavit denying the allegations in the Writ Petition. They contended that the pathway on the southern side of the Temple property is along the Government puramboke and the pubic are using the same. It is also contended that they did not trespass upon

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any property belonging to the Temple and the gate was constructed by them inside their property. By contending that the Writ Petition was filed without any basis, they sought to dismiss the same.

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The 11^th respondent-Cochin Devaswom Board also filed counter-affidavit controverting the contentions in the Writ Petition.

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The 14^th respondent-Deputy Director of Survey, Ernakulam filed a counter-affidavit contending that on receipt

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W.P.(C) No.3177 of 2005

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of a complaint from the Secretary of the petitioner Devaswom, Ext.P21 letter was sent as its reply. The steps taken with respect to the claim of the petitioner-Devaswom has been stated in paragraph No.10 of the counter-affidavit, which reads as follows:-

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“10. Ext.P22 complaint was forwarded to the Director of Survey, Thiruvananthapuram, which was again forwarded to the Deputy Director of Survey, Ernakulam, for necessary action. The Deputy Director of Survey, Ernakulam, has confirmed that no land belonging to Pallathamkulangara Bhagavathy Temple was entered as puramboke of any of the official records. Copy of letter dated 04.06.2005 is produced herewith and marked as Ext.R14(A). It is humbly submitted that the 2.02 Ares of land comprised in Sy.No.527/1 (old) is retained as puramboke and it was never assigned to any one as per the official records. The Re-survey Block No.3, Survey No.363/6 pertains to the above said land (0.8020 Hectors).”

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The petitioners have filed reply-affidavit to the contentions set forth in the respective counter-affidavits.

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When this matter came up for consideration on 29.01.2005, this Court passed an interim order as follows:-

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W.P.(C) No.3177 of 2005

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“The 13^th respondent is directed to provide sufficient police protection to the petitioners, if required, for the smooth functioning of the festival. He is also directed to maintain law and order situation during the festival.”

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Heard the learned counsel appearing for

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respondents 8 and 9, the learned Standing Counsel for Cochin Devaswom Board appearing for the 11^th respondent and also the Senior Government Pleader.

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The grievance set out in the Writ Petition has been essentially about the allegation of trespass upon the property belonging to the petitioner-Devaswom. A proper survey and thereby to rectify demarcation of the property thereby to rectify the mistakes in the resurvey is required to be done for which a writ of mandamus directing the 14^th respondent is sought. The 14^th respondent in his counter-affidavit stated that necessary steps in the matter in accordance with law would be taken. In the light of the specific stand taken by the 14^th respondent that there is no manipulation either in the survey records or in the process of survey, and also in the absence of pointing out by the petitioners any specific reason

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W.P.(C) No.3177 of 2005

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to find otherwise, we are of the view that there is nothing survives in the Writ Petition. Therefore, we dispose of this Writ

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Petition leaving open the contentions, both legal and factual, of the parties in the matter in dispute.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

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W.P.(C) No.3177 of 2005

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APPENDIX OF WP(C) 3177/2005

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE PHOTOCOPY OF THE BYE-LAWS PASSED IN THE YEAR 1121 (MALAYALAM ERA). Exhibit P1 B TRUE PHOTOCOPY OF THE AMENDMENT OF THE BYE-LAWS PASSED IN THE YEAR 1159 (MALAYALAM ERA). Exhibit P2 TRUE PHOTOCOPY OF THE "AVAKASHAPATHRAM DATED 10.03.1905 ISSUED BY THE HON'BLE MAHARAJA. Exhibit P3 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE SURVEY AND SETTLEMENT REGISTER. Exhibit P4 TRUE PHOTOCOPY OF THE TAX RECEIPTS FROM THE YEAR 2000 TO 2004. Exhibit P5 TRUE PHOTOCOPIES OF FEW OF THE EXTRACTS REGARDING AUCTION PROCEEDINGS. Exhibit P6 TRUE PHOTOCOPIES OF FEW SANCTIONS GIVEN BY KUZHUPILLY PANCHAYAT. Exhibit P7 TRUE PHOTOCOPY OF THE COMMISSIONER'S REPORT IN THE SAID SUIT ALONG WITH THE SKETCH DTD. 12.7.02. Exhibit P8 TRUE PHOTO TAKEN OF THE BOARD KEPT BY THE PUNARUDHARANA SAMITHY. Exhibit P9 TRUE PHOTOCOPY OF ONE OF THE RECEIPTS ISSUED BY THE SAMITHY. Exhibit P10 TRUE PHOTOCOPY OF THE NEWS REPORT DATED 18.10.2004 WITH REGARD TO ACCIDENTS TAKING PLACE APPEARED IN THE MALAYALA MANORAMA DAILY DATED 18.10.2004.

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W.P.(C) No.3177 of 2005

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Exhibit P11 TRUE PHOTOCOPY OF THE COMPLAINT DATED 20.10.2004 SUBMITTED BY RAJENDRAN & OTHERS BEFORE THE KUZHUPILLY PANCHAYATH OFFICER. Exhibit P12 TRUE PHOTOCOPY OF THE STOP MEMO DATED 21.10.2004 ISSUED BY THE KUZHUPPILLY GRAMA PANCHAYATH. Exhibit P13 TRUE PHOTOCOPY OF THE LETTER DATED 21.10.2004 ISSUED BY THE KUZHUPILLY PANCHAYATH TO THE PETITIONER DEVASWOM Exhibit P14 TRUE PHOTOCOPY OF THE LETTER DATED 25.10.2004 SUBMITTED BY THE PETITIONER DEVASWOM BEFORE THE KUZHUPILLY PANCHAYATH. Exhibit P15 TRUE PHOTO COPY OF THE REPRESENTATION 25.10.2004 SUBMITTED BY THE PETITIONER DEVASWOM BEFORE THE -DO-. Exhibit P16 TRUE PHOTO COPY OF THE REPLY DATED 25.10.04 GIVEN TO THE COMPLAINT FILED BY RAJENDRN AND OTHERS BY THE PETITIONER DEVASWOM. Exhibit P17 TRUE PHOTOCOPY OF NEWSPAPER REPORT DATED 26.10.2004 WITH REGARD TO THE COMPROMISE REACHED TO BUILD THE STEPS APPEARED IN CRIME NEWS. Exhibit P18 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE TAX RECEIPT. Exhibit P19 PHOTOCOPY OF THE RELEVANT PAGE OF THE RE-SURVEY RECORD ALONG WITH THE SKETCH. Exhibit P20 TRUE PHOTOCOPY OF THE LETTER DATED 29.5.2003 FROM THE OFFICE OF THE COLLECTORATE, EMAKULAM TO THE

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W.P.(C) No.3177 of 2005

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PETITIONER DEVASWOM.

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Exhibit P21	TRUE PHOTOCOPY OF LETTER DATED
	9.7.2003 FROM THE OFFICE OF THE SURVEY DIRECTOR, TRIVANDRUM TO -DO-.
Exhibit P22	TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.1.2005 SUBMITTED BEFORE THE MINISTER AND FORWARDED TO THE DIRECTOR OF SURVEY.
Exhibit P23	TRUE PHOTOCOPY OF THE REQUEST DATED 16.11.2004 SENT TO THE EXECUTIVE ENGINEER, PWD BY PETITIONER DEVASWOM
Exhibit P24	TRUE PHOTOCOPY OF THE MASS PETITION FILED BEFORE THE PRESIDENT OF KUZHUPILLY GRAMA PANCHAYATH.
Exhibit P25	TRUE PHOTOCOPY OF THE DECISION DATED 29.10.2004 TAKEN BY THE P.T.A. OF THE P.B.D.L.P. SCHOOL, KUZHUPILLY.
Exhibit P26	TRUE PHOTOCOPY OF THE COMPLAINTS DATED 18.12.2004 FILED BEFORE THE OFFICIALS WITH REGARD TO THE FIRE STARTED IN THE P.B.D.L.P. SCHOOL COMPOUND.
Exhibit P27	TRUE PHOTOCOPY OF THE COMPLAINT DATED 22.12.2004 FILED BEFORE THE OFFICIALS WITH REGARD TO THE ERECTION OF THE BOARD IN THE PETITIONER DEVASWOM PROPERTY.
Exhibit P28	TRUE PHOTOCOPY OF THE NEWSPAPER REPORT DATED 29.12.2004 APPEARED IN MALAYALA MANORAMA.
Exhibit P29	TRUE PHOTOCOPY OF THE COMPLAINTS DATED 5.1.2005 AND 7.1.2005 GIVEN TO THE OFFICIALS WITH REGARD TO THE PROBLEMS
	CREATED WHEN THE WORK FOR THE COMPOUND
	WALL WAS PROGRESSING, BY THE

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W.P.(C) No.3177 of 2005

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PETITIONER DEVASWOM.

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Exhibit P30 TRUE PHOTOCOPY OF THE COMPROMISE DATED 8.1.2005 REACHED IN THE MATTER IN THE PRESENCE OF C.I. OF POLICE, NJARAKKAL. Exhibit P31 TRUE PHOTO TAKEN WITH REGARD TO THE DESTRUCTION CAUSED IN THE SITE OF THE PETITIONER DEVASWOM. Exhibit P32 TRUE PHOTOCOPY OF THE COMPLAINT DATED 17.1.2005 FILED BEFORE THE 13" RESPONDENT BY THE PETITIONER DEVASWOM Exhibit P33 TRUE PHOTOCOPY OF THE NOTICE OF THE LAST YEAR'S FESTIVAL OF PALLATHAMKULANGARA BHAGAVATHY KSHETRAM Exhibit P34 PHOTOCOPY OF THE DIAGRAMMATIC SKETCH. Exhibit P35 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE 1" SETTLEMENT REGISTER SHOWING THE SY.NOS.527 & 680. Exhibit P36 TRUE PHOTOCOPY OF THE DOCUMENT DATED 30.12.2002 Exhibit P37 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE DRAFT OF THE PROCLAMATION DATED 11.2.1910 (29 MAKHARAM 1055 MEX Exhibit P38 TRUE PHOTOCOPY OF THE DOCUMENTS OF THE YEARS 1126, 1127, 1128 ME Exhibit P39 TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 4.10.1108 ME Exhibit P40 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 29.1.2005 AND 29.5.2005 BEFORE THE DISTRICT RE-SURVEY SUPERINTENDENT. Exhibit P41 TRUE PHOTOCOPY OF THE REPLY DATED 6.8.2005 WAS RECEIVED FROM THE SURVEY

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W.P.(C) No.3177 of 2005

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DIRECTOR.

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Exhibit P42 TRUE PHOTOCOPY OF THE JUDGMENT DATED 30.9.2005 IN O.S. 296/02 OF THE MUNSIFF'S COURT, PARUR.

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RESPONDENT EXHIBITS

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Exhibit R3 A TRUE COPY OF THE DECISION NO. III (7) DATED 13.10.2005 ISSUED BY THE THRIKKAKARA GRAMA PANCHAYATH. Exhibit R3 B TRUE COPY OF THE DECISION NO. II-6 (B) DATED 28.11.05 ISSUED BY THE THRIKKAKARA GRAMA PANCHAYATH. Exhibit R3 C TRUE COPY OF THE APPLICATION NO. AI201/05 DATED 21.2.06 BY THE THRIKKAKARA PANCHATH BEFORE THE DISTRICT COLLECTOR, ERNAKULAM. Exhibit R14 A COPY OF THE LETTER FROM THE DEPUTY DIRECTOR OF SURVEY, ERNAKULAM.

Pallathamkulangara Bhagavathi Devaswom v. v.R.Raneshan

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Pallathamkulangara Bhagavathi Devaswom v. v.R.Raneshan

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