Partly allowed

Thankamma P P v. State of Kerala

Kerala HC1 Mar 2023WP(C)/5491/2023

Case brief

AI extract

What is this about?

Disposing two writ petitions regarding a Panchayath order to demolish unauthorised construction, the Court directory interim orders. The Court directed the impugned order to be treated as provisional and finalised only after giving the petitioners an opportunity of being heard within three months.

What did the court decide?

Ext.P8 order treated as provisional; petitioners to file objections within two weeks; respondent to finalise proceedings after hearing within three months; proceedings in abeyance.

Thankamma P P Vs State of Kerala — Landlord and Tenant | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶3

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944

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WP(C) NO. 35225 OF 2022

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PETITIONER/S:

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1 AJEESH K.V.,AGED 52 YEARS S/O. VASU, RESIDING AT 2B, KIZHAKKE VEETTIL KOLLAD.P.O, PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT DISTRICT, KERALA STATE. PIN: 686004 .

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2 SANTHIMOL.M.K, AGED 39 YEARS, PERIYATHU VEETTIL, KOLLAD .P.O, PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT DISTRICT, KERALA STATE. PIN: 686004.

¶9

BY ADVS.

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V.SETHUNATH

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V.R.MANORANJAN (MUVATTUPUZHA)
M.AYYOOBUKHAN
OBEID ABDUL MAJEED

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RESPONDENT/S:

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1 THE STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO L.S.G.D DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANATHAPURAM. PIN: 695001.

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2 DISTRICT COLLECTOR,KOTTAYAM DISTRICT. PIN :686001.

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3 THE REVENUE DIVISIONAL OFFICER, KOTTAYAM. PIN :686001.

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4 THE THAHASILDAR (LR),TALUK OFFICE, KOTTAYAM. PIN :686001.

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5 THE VILLAGE OFFICER, PANACHHIKKAD, PANACHHIKKAD. P.O PIN : 686533.

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6 THE PANACHHIKKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANACHHIKKAD. P.O, PIN 686533.

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7 THANKAMMA RAJU, 68 YEARS, W/O RAJU.N, PLAPARAMBIL HOUSE, KOLLAD.P.O, PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT, KERALA STATE. PIN: 686004.

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WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

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8VALSAMMA P.R,
48 YEARS, PLAPARAMBIL HOUSE, KOLLAD.P.O,
PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT, KERALA
STATE. PIN: 686004.

¶23

9PRAVYA PRASAD,
AGED 25 YEARS, PLAPARAMBIL HOUSE, KOLLAD.P.O,
PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT, KERALA
STATE. PIN: 686004.

¶24

BY ADVS.
SIBY CHENAPPADY
MATHEW PHILIP EDAPPALLIL
GP SRI.SYAMANTHAK B.S

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, ALONG WITH WP(C).5491/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶26

WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

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¶28

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶29

PRESENT

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944

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WP(C) NO. 5491 OF 2023

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PETITIONER/S:

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1 THANKAMMA P P, W/O.RAJU, AGED 75 YEARS PLAPARAMBIL HOUSE, KOLLAD P O KOTTAYAM 686 004.

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2 VALSAMMA, W/O VIJAYAKUMAR KOCHUMAMBALAM HOUSE KUZHIMATTAM P O, KOTTAYAM 686 533, PIN – 686533.

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3 PRAVYA PRASAD, DAUGHTER OF PRASAD PLAPRAMBIL HOUSE KOLLAD P O, KOTTAYAM 686 004, PIN - 686004

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BY ADV MATHEW PHILIP EDAPPALLIL

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY ITS SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, TRIVANDRUM 695 001.

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2 PANACHIKKAD GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY PANACHIKADU P O, KOTTAYAM 686 533.

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3 PRADEEP P G, NOW OFFICIATING AS SECRETARY PANACHIKADU GRAMA PANCHAYAT PANACHIKADU P O, KOTTAYAM 686 533.

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*ADDL.R4 AJEESH K V, S/O VASU 2B KIZHAKKE VEETTIL KOLLAD P O KOTTAYAM.

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ADDL.R5 SANTHIMOL M K, PARIYATH VEETTIL KOLLAD P O KOTTAYAM *ADDL.R4 & R5ARE IMPLEADED AS PER ORDERDATED 01.03.2023 IN IA NO.1/2023 IN WP(C)NO.5491/2023.

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BY ADVS.

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GOVERNMENT PLEADER
Siby Chenappady
MATHEW PHILIP EDAPPALLIL
GP SRI.SYAMANTHAK B S

¶47

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, ALONG WITH WP(C).35225/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶48

WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

¶49

¶50

VIJU ABRAHAM, J

¶51

WP(C) Nos.35225 of 2022 & 5491 of 2023

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Dated this the 1st day of March 2023

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WP(C)No.35225 of 2022 is filed seeking implementation of – Ext.P9 order issued by the respondent Grama Panchyath, whereby a direction was issued to demolish the unauthorised construction.

¶54

WP(C)No.5491 of 2023 is filed challenging Ext.P8 order (which is Ext.P9 in WP(C)No.35225 of 2022). Contention raised in the writ petition is that the petitioners were not served with a copy of Ext.P8 order and that even without serving a copy of the order, further proceedings are being initiated by the Panchayath. Learned standing counsel for the Panchayath submitted that several notices have been issued to the petitioners but they did not respond to it and thereafter Ext.P8 order has been issued and that they could not implement Ext.P8 order only due to an interim order granted in the present writ petition.

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WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

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¶57

After hearing both sides, I am of the opinion that the writ petitions could be disposed of with the following directions

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Ext.P8 order shall be treated as a provisional order. Petitioners in WP(C)No.5491 of 2023 shall file a detailed objection pointing out the details and thereafter the respondent - Panchayath shall finalise the proceedings after affording an opportunity of being heard to the petitioners in WP(C)No.5491 of 2023 and WP(C)No.35225 of 2022, within a period of three months from the date of receipt of a copy of this judgment. The petitioners in WP(C)No.5491 of 2023 shall file their objections to Ext.P8 within a period of two weeks from the date of receipt of a copy of the judgment. Further proceedings pursuant to Ext.P8 shall be kept in abeyance till a final decision is taken as directed above.

¶59

Writ Petitions are disposed of as above.

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sd/-

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R.AV VIJU ABRAHAM, JUDGE

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WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

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APPENDIX OF WP(C) 35225/2022

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PETITIONER EXHIBITS

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`Exhibit`	`P1`	`THE` `THE` `GRAM`	`TRUE COPY OF` `ASSET REGIST` `A PANCHAYATH`	`THE RELEVANT EXTRACT OF` `ER OF THE PANACHHIKKAD`
`Exhibit`	`P2`	`THE` `THE` `9.`	`TRUE COPY OF` `ENCROACHMENT`	`THE ROUGH SKETCH SHOWING` `OF THE RESPONDENTS 7 TO`
`Exhibit`	`P3`	`THE` `THE`	`TRUE COPY OF` `REETHUPALLI`	`THE F.M. SKETCH SHOWING` `REVENUE PURAMBOKE ROAD.`
`Exhibit`	`P4`	`A` `THE` `TO T`	`TRUE COPY OF` `HE 1ST PETIT`	`THE TAX RECEIPT ISSUED` `IONER DATED 19-5-2020.`
`Exhibit`	`P4`	`B` `THE` `TO T` `PETI`	`TRUE COPY OF` `HE MOTHER IN` `TIONER DATED`	`THE TAX RECEIPT ISSUED` `LAW OF THE 2ND` `2-6-2020. .`
`Exhibit`	`P5`	`A` `TRUE` `1ST` `PANC`	`COPY OF THE` `PETITIONER B` `HAYATH DATED`	`PETITION FILED BY THE` `EFORE THE 6TH RESPONDENT` `5-1-2021.`
`Exhibit`	`P5`	`B` `THE` `THE` `RESP`	`TRUE COPY OF` `2ND PETITION` `ONDENT PANCH`	`THE PETITION FILED BY` `ER BEFORE THE 6TH` `AYATH DATED 12-1-2021.`
`Exhibit`	`P6`	`A` `THE` `THE` `RESP`	`TRUE COPY OF` `1ST PETITION` `ONDENT PANCH`	`THE PETITION FILED BY` `ER BEFORE THE 6TH` `AYATH DATED 20-4-2022.`
`Exhibit`	`P6`	`B` `THE` `THE` `RESP`	`TRUE COPY OF` `2ND PETITION` `ONDENT PANCH`	`THE PETITION FILED BY` `ER BEFORE THE 6TH` `AYATH DATED 22-4-2022.`
`Exhibit`	`P7`	`THE` `THE` `R.D.`	`TRUE COPY OF` `2ND PETITION` `O.`	`THE PETITION FILED BY` `BEFORE THE OFFICE OF THE`
`Exhibit`	`P8`	`THE` `COUR` `2022`	`TRUE COPY OF` `T IN W.P() N` `.`	`THE E JUDGMENT OF THIS` `O. 18127/ 2022 DATED 6-6-`
`Exhibit`	`P9`	`THE` `RESP`	`TRUE COPY OF` `ONDENT DATED`	`THE ORDER OF THE 6TH` `20-09-2022.`
`RESPOND`	`ENT`	`EXHIBITS`
`Exhibit`	`R7`	`(a)` `TRUE` `OF S`	`COPY OF PAR` `RO PUTHUPALL`	`TITION DEED NO.1924/2003` `Y.`
`Exhibit`	`R7`	`(b)` `TRUE` `30/0`	`COPY OF PUR` `5/1973 IN FA`	`CHASE CERTIFICATE DATED` `VOUR OF LATE RAGHAVAN.`
`Exhibit`	`R7`	`(c)` `TRUE` `OF S`	`COPY OF SET` `RO KOTTAYAM`	`TLEMENT DEED NO.4086/1981` `EXECUTED BY RAGHAVAN.`

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WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

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¶69

`Exhibit R7(d)`	`TRUE COPY` `17/10/2011`	`OF` `IN`	`BASIC TAX RECEIPT DATED` `FAVOUR OF SURENDRAN.`
`Exhibit R7(e)`	`TRUE COPY` `17/10/2011`	`OF` `IN`	`BASIC TAX RECEIPT DATED` `FAVOUR OF THAMPY.`
`Exhibit R7(f)`	`TRUE COPY` `15/11/2017`	`OF` `IN`	`BASIC TAX RECEIPT DATED` `FAVOUR OF PRASAD.`
`Exhibit R7(g)`	`TRUE COPY` `20/08/2022`	`OF` `IN`	`BASIC TAX RECEIPT DATED` `FAVOUR OF PRASAD.`
`Exhibit R7(h)`	`TRUE COPY` `THE SIXTH` `06/08/0022`	`OF` `RES` `.`	`NOTICE DATED 03/08/2022 OF` `PONDENT FOR HEARING ON`
`Exhibit R7(i)`	`TRUE COPY` `SERVICE AU` `23/08/2022`	`OF` `THO` `BY`	`COMPLAINT BEFORE LEGAL` `RITY KOTTAYAM DATED` `R7.`
`Exhibit R7(j)`	`TRUE COPY` `COLLECTOR` `R7.`	`OF` `KOT`	`COMPLAINT BEFORE DISTRICT` `TAYAM DATED 23/08/2022 BY`
`Exhibit R7(k)`	`TRUE COPY` `COMMITTEE` `R7.`	`OF` `PAN`	`COMPLAINT BEFORE PANCHAYAT` `ACHIKAD DATED 05/09/2022 BY`
`Exhibit R7(l)`	`TRUE COPY` `05/09/2022` `PANCHAYAT.`	`OF` `OF`	`ACKNOWLEDGEMENT DATED` `RECEIPT OF EXT.R7(K) BY THE`
`Exhibit R7(m)`	`TRUE COPY` `13/12/2022` `NO.35225/2`	`OF` `IN` `022`	`INTERIM ORDER DATED` `THIS WRIT PETITION` `.`
`Exhibit R7(n)`	`TRUE COPY` `THE URGENT` `ON 14/12/2`	`OF` `ME` `022`	`NOTICE DATED 13/12/2022 OF` `ETING OF PANCHAYAT COMMITTEE` `.`
`Exhibit R7(o)`	`TRUE COPY` `14/12/2022` `PANCHAYAT.`	`OF` `OF`	`DISSENT NOTE DATED` `FIVE MEMBERS OF PANACHIKAD`
`Exhibit R7(p)`	`TRUE COPY` `14/12/2022` `PRESIDENT`	`OF` `AD` `OF`	`LAWYER"S NOTICE DATED` `DRESSED TO SECRETARY AND` `PANACHIKAD PANCHAYAT.`
`Exhibit R7(q)`	`TRUE COPY` `HOUSE OF 7` `SUNSHADE.`	`OF` `TH`	`PHOTOGRAPHIC PRINT OF THE` `RESPONDENT WITH THE`
`Exhibit R7(r)`	`TRUE COPY` `HOUSE OF 7` `REMOVED.`	`OF` `TH`	`PHOTOGRAPHIC PRINT OF THE` `RESPONDENT WITH SUN SHADE`
`Exhibit R7(s)`	`TRUE COPY` `SECRETARY` `FRONT OF H`	`OF` `OF` `OUS`	`PHOTOGRAPHIC PRINT WITH THE` `PANACHIKAD PANCHAYAT IN` `E OF R7.`

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¶71

WP(C) NO. 35225 OF 2022 WP(C) NO. 5491 OF 2023

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`Exhibit R7(t)`	`TRUE COPY OF PHOTOGRAPHIC PRINT OF THE` `CONCRETE ROAD IN FRONT OF THE HOUSE OF` `R7.`
`Exhibit R7(u)`	`TRUE COPY OF PHOTOGRAPHIC PRINT SHOWING` `THE WET LAND OWNED BY 1ST PETITIONER IN` `THE SIDE OF HOUSE OF R7.`
`Exhibit R7(v)`	`TRUE COPY OF PHOTOGRAPHIC PRINT SHOWING` `PLANTAIN CULTIVATION OF 1ST PETITIONER IN` `THE WET LAND.`
`Exhibit R7(w)`	`TRUE COPY OF PHOTOGRAPHIC PRINT SHOWING` `THE PADASEKHARAM BEYOND 1ST PETITIONER'S` `LAND.`
`Exhibit R7(x)`	`TRUE COPY OF PHOTOGRAPHIC PRINT SHOWING` `THE ENTIRE STRETCH OF ROAD.`
`Exhibit R7(y)`	`TRUE COPY OF PHOTOGRAPHIC PRINT SHOWING` `THE WIDTH OF ROAD IN FRONT OF THE HOUSE` `OF R7.`
`Exhibit R7(z)`	`TRUE COPY O THE NEWS OF DEMOLITION IN` `MALAYALA MANORAMA DATED 15/12/2022.`
`Exhibit R6(a)`	`A true copy of the relevant page of the` `Asset Register`
`Exhibit R6(b)`	`A true copy of the particulars of the` `Reethupalli Revenue Puramboke Road` `entered in the Asset Register, Form3,` `Roads maintained by the 6th respondent` `Panchayat`

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WP(C) NO. 35225 OF 2022
WP(C) NO. 5491 OF 2023

¶74

¶75

APPENDIX OF WP(C) 5491/2023

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE PHOTOCOPY OF` `PARTITION DEED NO` `PUTHUPALLY DATED`	`THE TITLE DEED VIZ` `. 1924/2003 OF SRO` `25/11/2003`
`Exhibit`	`P2`	`A TRUE PHOTOGRAPH` `THEIR HOUSE`	`OF THE ROAD IN FRONT OF`
`Exhibit`	`P3`	`TRUE PHOTOCOPY OF` `18127/2022 OF THI` `06/06/2022`	`THE JUDGMENT IN WPC NO.` `S HON'BLE COURT DATED`
`Exhibit`	`P4`	`TRUE PHOTOCOPY OF` `SECOND RESPONDENT` `3.8.2022`	`NOTICE ISSUED BY THE` `TO 2ND PETITIONER DATED`
`Exhibit`	`P5`	`TRUE PHOTOCOPY OF` `PETITIONER BEFORE` `AUTHORITY, KOTTAY`	`THE PETITION BY THE 1ST` `THE LEGAL SERVICE` `AM DATED 23/08/2022`
`Exhibit`	`P6`	`TRUE PHOTOCOPY OF` `1ST PETITIONER BE` `COMMITTEE ON 05.0`	`THE COMPLAINT BY THE` `FORE THE PANCHAYAT` `9.2022`
`Exhibit`	`P7`	`TRUE PHOTOCOPY OF` `EXT P6 RECEIVED F`	`THE ACKNOWLEDGEMENT OF` `ROM THE PANCHAYATH`
`Exhibit`	`P8`	`TRUE PHOTOCOPY OF` `20.09.2022 OF THE`	`THE ORDER DATED` `2ND RESPONDENT`
`Exhibit`	`P9`	`A TRUE PHOTOCOPY` `HONOURABLE COURT` `WP(C) NO. 35225/2`	`OF THE ORDER OF THIS` `DATED 13.12.2022 IN` `022`
`Exhibit`	`P10`	`TRUE PHOTOCOPY OF` `MEETING ON 14.12.`	`THE AGENDA FOR THE` `2022`
`Exhibit`	`P11`	`TRUE PHOTOCOPY OF` `14/12/2022`	`THE LEGAL NOTICE DATED`
`Exhibit`	`P12`	`TRUE PHOTOCOPY OF` `BEFORE THE COMMIT` `DATED 14/12/2022`	`THE DISSENTING NOTE` `TEE BY SOME MEMBERS`
`Exhibit`	`P13`	`A TRUE PHOTOGRAPH` `WITH SUNSHADE`	`SHOWING THE BUILDING`
`Exhibit`	`P14`	`A TRUE PHOTOGRAPH` `REMOVED AND LEANI` `BUILDING`	`SHOWING SUNSHADE` `NG ON THE WALL OF`

Thankamma P P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thankamma P P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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