Disposed

Venugopalan a v. State of Kerala

Kerala HC2 Nov 2023WP(Crl.)/236/2023

Case brief

AI extract

What is this about?

Three criminal writ petitions challenging provisional attachment orders under the BUDS Act were disposed of. The Court held that since a provisional attachment order had already been issued, the petitioners have a statutory remedy and the current writs require no further adjudication.

What did the court decide?

The writ petitions were disposed of granting liberty to petitioners to challenge the provisional attachment order in accordance with the statutory remedy available under the BUDS Act.

Venugopalan a Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 2^ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA,

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1945

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WP(CRL.) NO. 236 OF 2023

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CRIME NO.571/2019 OF Alathur Police Station, Palakkad

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PETITIONER/S:

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1 VENUGOPALAN A, AGED 52 YEARS S/O NARAYANA GUPTHAN, ANARKOTTIL KATTUKULAM, MANGALAMKUNNU SREEKRISHNAPURAM, PALAKKAD-679514, PIN - 679514

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2 SREEREKHA, AGED 48 YEARS W/O VENUGOPALAN ANARKOTTIL, KATTUKULAM, MANGALAMKUNNU SREEKRISHNAPURAM, PALAKKAD-679514, PIN - 679514

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BY ADVS.

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L.RAJESH NARAYAN

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RESPONDENT/S:

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1 STATE OF KERALA STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 695001

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2 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

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ERNAKULAM- 682020, PIN - 682020

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3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 678541

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4 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 678013

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5 TAHSILDAR TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - 679101

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-2-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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6 COMPETENT AUTHORITY 6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - 695001

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OTHER PRESENT:

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SRI MP PRASANTH,PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).237/2023,
238/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶25

W.P.(Crl.) Nos.236, 237 & 238 of 2023

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-3-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA,

¶30

¶31

WP(CRL.) NO. 237 OF 2023

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CRIME NO.571/2019 OF Alathur Police Station, Palakkad

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PETITIONER/S:

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1 M.P MOHANDAS AGED 60 YEARS

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S/O PADMANABHAN NAIR, POTTENCHOLA KARIMPUZHA-I, PALAKKAD-679513, PIN - 679513

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2 K.V NALINI AGED 50 YEARS

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W/O MOHANDAS, POTTENCHOLA KARIMPUZHA-I, PALAKKAD679513, PIN - 679513

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BY ADV L.RAJESH NARAYAN

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RESPONDENT/S:

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1 STATE OF KERALA

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REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 695001

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2 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682020, PIN - 682020

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3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 678541

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4 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678013, PIN - 678013

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5 TAHSILDAR

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TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN - 679101

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6 COMPETENT AUTHORITY

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6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING

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-4-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE
SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN -
695001

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OTHER PRESENT:

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SMT SREEJA V, PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).236/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶55

W.P.(Crl.) Nos.236, 237 & 238 of 2023

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-5-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA,

¶60

¶61

WP(CRL.) NO. 238 OF 2023

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CRIME NO.571/2019 OF Alathur Police Station, Palakkad PETITIONER/S:

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RASHEED P.K
AGED 42 YEARS
S/O VEERASAAN, POOKKOTTUKUNNATH (H) PERUR P.O,
PATHIRIPPALA, PALAKKAD- 679302, PIN - 679302
BY ADV L.RAJESH NARAYAN

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RESPONDENT/S:

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1 STATE OF KERALA REP BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM- 695001, PIN - 695001

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2 STATION HOUSE OFFICER COYALMANNAM POLICE STATION, PALAKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

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ERNAKULAM- 682020, PIN - 682020

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3 STATION HOUSE OFFICER ALATHUR POLICE STATION ALATHUR, PALAKKAD-678541, PIN - 678541

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4 DISTRICT COLLECTOR COLLECTORATE, KENATHUPARAMBU, KUNATHURMEDU,

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PALAKKAD-678013, PIN - 678013

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5 TAHSILDAR

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TALUK OFFICE OTTAPALAM, PALAKKAD- 679101, PIN -
679101

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6 COMPETENT AUTHORITY

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6. COMPETENT AUTHORITY UNDER SEC.7 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, PIN - 695001

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-6-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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OTHER PRESENT:

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SRI MP PRASANTH, PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.11.2023, ALONG WITH WP(Crl.).236/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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-7-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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Dated this the 2^nd day of November, 2023

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JUDGMENT

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The same issue raised in these writ petitions and therefore, I am

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disposing of these writ petitions by a common judgment. The prayers

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in these writ petitions are extracted hereunder:

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W.P.(Crl.) No.236 of 2023

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“i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the petitioners in furtherance to Ext.P12, without hearing and affording an opportunity of hearing to the petitioners;

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ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6^th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P12;

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iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P12and quash the same as against the 1^st petitioner;

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iv. Dispense with the production of translation of vernacular documents;

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-8-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.” (sic)

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W.P.(Crl.) No.237 of 2023

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“i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the petitioners in furtherance to Ext.P8, without hearing and affording an opportunity of hearing to the petitioners;

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ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to proceed against the petitioners properties, bank accounts, vehicles and pass provisional order of attachment pursuant to Ext.P8;

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iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P8 and quash the same as against the 1st petitioner;

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iv. Dispense with the production of translation of vernacular documents;

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v. Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.”

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W.P.(Crl.) No. 238 of 2023

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“i. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 6th respondent not to attach the properties, vehicles, bank accounts of the

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-9-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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petitioners in furtherance to Ext.P9, without hearing and affording an opportunity of hearing to the petitioners;

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iii. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P9 and quash the same as against the petitioner;

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iv. Dispense with the production of translation of vernacular documents;

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v. Issue any such other writ, direction or orders, which this Hon’ble Court may deem fit and proper considering the facts and circumstances of the case.”

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Petitioners in WP(Crl.) No.236 of 2023 are aggrieved by

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Ext.P12 proceedings issued by the Tahsildar, Ottappalam to the Village Officers to report about the movable and immovable properties for initiating attachment under the BUDS Act. The same order is challenged in the other two writ petitions also.

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When these writ petitions came up for consideration, this Court directed the Public Prosecutor to get instructions as to whether the provisional attachment order is already passed. The public

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-10-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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prosecutor, on instructions, submitted that the provisional attachment order is already issued on 26.12.2022. If that be so, as per the BUDS

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Act, the petitioners have got remedy.

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Granting liberty to the petitioners to challenge the provisional order, in accordance with law, these writ petitions are disposed of. The competent authority is free to inform the provisional order to the designated court, in accordance with law, and while doing so, the time during which the interim order was in force in these cases, can be excluded while calculating the period prescribed in the statute for the

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same.

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sd/-

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P.V.KUNHIKRISHNAN

JUDGE

das

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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APPENDIX OF WP(CRL.) 237/2023

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P-1`	`TRUE COPY OF THE` `5.10.2019 OF THE` `STATION, PALAKKA`	`FIR NO.571/2019 DATED` `ALATHUR POLICE` `D`
`Exhibit`	`P-2`	`TRUE COPY OF THE` `5.10.2019 OF THE` `STATION, PALAKKA`	`FIR NO.316/2019 DATED` `COYALMANNAM POLICE` `D`
`Exhibit`	`P-3`	`TRUE COPY OF THE` `DATED 30.12.1999`	`SALE DEED NO.6723/1999`
`Exhibit`	`P-4`	`TRUE COPY OF THE` `DATED 21.5.2022` `OFFICER, KARIMBU`	`BASIC TAX RECEIPT` `ISSUED BY THE VILLAGE` `ZHA-I VILLAGE`
`Exhibit`	`P-5`	`TRUE COPY OF THE` `DATED 4.2.2023 I` `OFFICER, KARIMBU`	`POSSESSION CERTIFICATE` `SSUED BY THE VILLAGE` `ZHA-I VILLAGE`
`Exhibit`	`P-6`	`TRUE COPY OF THE` `DATED 17.6.2019`	`SALE DEED NO.2798/19` `OF THE SRO MANNARKKAD`
`Exhibit`	`P-7`	`TRUE COPY OF THE` `DATED 4.2.2023 I` `OFFICER, KARIMBU`	`POSSESSION CERTIFICATE` `SSUED BY THE VILLAGE` `ZHA I VILLAGE,`
`Exhibit`	`P-8`	`TRUE COPY OF THE` `28.10.2022 NO.TL`	`COMMUNICATION DATED` `KOTP/11615/2022-D2`

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-12-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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APPENDIX OF WP(CRL.) 238/2023

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P-1`	`TRUE COPY OF THE` `5.10.2019 OF THE` `STATION, PALAKKA`	`FIR NO.571/2019 DATED` `ALATHUR POLICE` `D`
`Exhibit`	`P-2`	`TRUE COPY OF THE` `5.10.2019 OF THE` `STATION, PALAKKA`	`FIR NO.316/2019 DATED` `COYALMANNAM POLICE` `D`
`Exhibit`	`P3`	`TRUE COPY OF THE` `DATED 1.10.2015`	`SALE DEED NO.2208/2015`
`Exhibit`	`P-4`	`TRUE COPY OF THE` `DATED 13.1.2023` `OFFICER, MANKARA`	`BASIC TAX RECEIPT` `ISSUED BY THE VILLAGE` `VILLAGE`
`Exhibit`	`P-5`	`TRUE COPY OF THE` `1226/2012 DATED`	`SALE DEED NO.` `12.3.2012`
`Exhibit`	`P-6`	`TRUE COPY OF THE` `3652/14/I DATED`	`SALE DEED NO.` `11.9.2014`
`Exhibit`	`P-7`	`TRUE COPY OF THE` `DATED 14.7.2022` `LAKKIDI PERUR-II`	`BASIC TAX RECEIPT` `BY THE VILLAGE OFFICER,`
`Exhibit`	`P-8`	`TRUE COPY OF THE` `DATED 6.2.2023 I` `OFFICER, LAKKIDI`	`POSSESSION CERTIFICATE` `SSUED BY VILLAGE` `PERUR-II`
`Exhibit`	`P-9`	`TRUE COPY OF THE` `28.10.2022 NO.TL`	`COMMUNICATION DATED` `KOTP/11615/2022-D2`

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-13-

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W.P.(Crl.) Nos.236, 237 & 238 of 2023

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APPENDIX OF WP(CRL.) 236/2023

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P-1`	`TRUE COPY OF THE` `5.10.2019 OF THE` `STATION, PALAKKAD`	`FIR NO.571/2019 DATED` `ALATHUR POLICE`
`Exhibit`	`P-2`	`TRUE COPY OF THE` `5.10.2019 OF THE` `STATION, PALAKKAD`	`FIR NO.316/2019 DATED` `COYALMANNAM POLICE`
`Exhibit`	`P-3`	`TRUE COPY OF THE` `NO.1012/1999 DATE`	`PARTITION DEED` `D 18.3.1999`
`Exhibit`	`P-4`	`TRUE COPY OF THE` `1462/2005/I DATED`	`SALE DEED NO.` `21.3.2005`
`Exhibit`	`P-5`	`TRUE COPY OF THE` `DATED 31.10.2022` `OFFICER, SRIKRISH`	`BASIC TAX RECEIPT` `ISSUED BY THE VILLAGE` `NAPURAM II VILLAGE`
`Exhibit`	`P-6`	`TRUE COPY OF THE` `DATED 4.2.2023 IS` `OFFICER, SRIKRISH`	`POSSESSION CERTIFICATE` `SUED BY THE VILLAGE` `NAPURAM II VILLAGE`
`Exhibit`	`P-7`	`TRUE COPY OF THE` `DATED 23.6.2005`	`SALE DEED NO.2944/05`
`Exhibit`	`P-8`	`TRUE COPY OF THE` `DATED 12.4.2022 I` `OFFICER, POOKOTTU`	`BASIC TAX RECEIPT` `SSUED BY THE VILLAGE` `KAVU,`
`Exhibit`	`P-9`	`TRUE COPY OF THE` `DATED 6.2.2023 IS` `OFFICER, SRIKRISH`	`POSSESSION CERTIFICATE` `SUED BY THE VILLAGE` `NAPURAM II VILLAGE`
`Exhibit`	`P-10`	`TRUE COPY OF THE` `DATED 21.5.2022 I` `MANNARKKKAD I VIL`	`BASIC TAX RECEIPT` `SSUED BY THE` `LAGE OFFICER`
`Exhibit`	`P-11`	`TRUE COPY OF THE` `DATED 6.2.2023 IS` `MANNARKKKAD I VIL`	`POSSESSION CERTIFICATE` `SUED BY THE` `LAGE OFFICER`
`Exhibit`	`P-12`	`TRUE COPY OF THE` `28.10.2022 NO.TLK`	`COMMUNICATION DATED` `OTP/11615/2022-D2`

Venugopalan a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Venugopalan a v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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