Remanded

P.Gopalakrishnan Pillai, v. District Collector

Kerala HC20 May 2024WP(C)/12951/2023

Case brief

AI extract

What is this about?

The High Court set aside two orders rejecting applications to remove and utilize wet land. The court directed the authorities to reconsider the matter considering a connected judgment (W.P.(C) No.5839 of 2017) and obtain a fresh report from the Kerala State Remuneration and Rehabilitation Center (KSREC), granting a three-month timeline.

What the court decided

AI extract

P.Gopalakrishnan Pillai, Vs District Collector — Property and Title | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 20^TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946

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WP(C) NO. 12951 OF 2023

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PETITIONER:

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P.GOPALAKRISHNAN PILLAI,

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S/O.PARAMESWARAM PILLAI, B-17 UTHRADAM, S.S.KOVIL LANE, KAWDIAR.P.O, THIRUVANANTHAPURAM - 695003 BY ADV.

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SRI.P.GOPALAKRISHNAN PILLAI,(PARTY-IN-PERSON)

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RESPONDENTS:

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1 DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA COLLECTORATE P.O., ALAPPUZHA, PIN - 688001

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2 RDO, CHENGANNUR, O/O.THE RDO, CHENGANNUR, CHENGANNUR P.O., ALAPPUZHA, PIN - 689121

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3 CHAIRPERSON, LOCAL LEVEL MONITORING COMMITTEE, MUTHUKULAM GRAMA PANCHAYATH, MUTHUKULAM P.O., ALAPPUZHA DISTRICT, PIN - 690506

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4 AGRICULTURAL OFFICER, MUTHUKULAM, O/O.THE AGRICULTURAL OFFICER, MUTHUKULAM, MUTHUKULAM P.O., ALAPPUZHA, PIN - 690506

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5 VILLAGE OFFICER, MUTHUKULAM VILLAGE OFFICE, MUTHUKULAM P.O., ALAPPUZHA, PIN - 690506 BY ADV.

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SRI.RIYAL DEVASSY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2024, ALONG WITH WP(C).14156/2023, 20561/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.12951, 14156 & 20561 of 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

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MONDAY, THE 20^TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946 WP(C) NO. 14156 OF 2023

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PETITIONER:

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SATHYASHEELAN K.,AGED 72 YEARS S/O.KUTTAPPAN, RESIDING AT SATHYABHAVANAM, MUTHUKULAM SOUTH P.O., MUTHUKULAM, ALAPPUZHA, PIN - 690506

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BY ADVS. J.VISHNU ANU BALAKRISHNAN NAMBIAR

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, CHENGANNUR, ALAPPUZHA, PIN - 690502

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2 THE AGRICULTURAL OFFICER, MUTHUKULAM KRISHI BHAVAN, MUTHUKULAM P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690506

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3 THE VILLAGE OFFICER, MUTHUKULAM, MUTHUKULAM P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690502

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4 THE LOCAL LEVEL MONITORING COMMITTEE, MUTHUKULAM GRAMA PANCHAYAT, REPRESENTED BY PRESIDENT/CHAIR PERSON OF MUTHUKULAM GRAMA PANCHAYAT, ALAPPUZHA, PIN - 690506

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5 GOPALAKRISHNA PILLAI P., AGED 73 YEARS S/O.LATE PARAMESHWARAN PILLAI, B/17, UTHRADAM, S.S.KOVIL LANE, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN – 695003 BY ADV.SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2024, ALONG WITH WP(C).12951/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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W.P.(C) Nos.12951, 14156 & 20561 of 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 MONDAY, THE 20^TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946 WP(C) NO. 20561 OF 2023

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PETITIONER:

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SATHEESAN,AGED 53 YEARS, S/O.BRHAMANANDAN, EDAYODI KANNANKARA HOUSE, KEERIKKAD P.O, RAMAPURAM, KARTHIKAPALLY, ALAPPUZHA DISTRICT, PIN - 690516

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BY ADV S.K.ADHITHYAN

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, CHENGANNUR, ALAPPUZHA, PIN - 689121

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2 PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER, ALAPPUZHA DISTRICT, PIN - 690001

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3 THE VILLAGE OFFICER, MUTHUKULAM VILLAGE OFFICE, KARTHIKAPALLY, ALAPPUZHA DISTRICT, PIN - 690506

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4 MUTHUKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MUTHUKULAM P.O, KARTHIKAPPALLY, ALAPPUZHA, PIN - 690516

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5 LOCAL LEVEL MONITORING COMMITTEE,REPRESENTED BY CONVENER, OFFICE OF THE MUTHUKULAM VILLAGE, MUTHUKULAM P.O, KARTHIKAPPALLY, ALAPPUZHA, PIN - 690506

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6 AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER, MUTHUKULAM, KARTHIKAPPALLY, ALAPPUZHA, PIN – 690506 BY ADV.SRI.RIYAL DEVASSY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2024, ALONG WITH WP(C).12951/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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P.V.KUNHIKRISHNAN, J.

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--------------------------------------------W.P.(C) Nos. 12951, 14156 & 20561 of 2023

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-----------------------------------------------------Dated this the 20^th day of May, 2024

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JUDGMENT

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The above Writ petitions are connected and therefore I am disposing of these three Writ petitions by a common judgment.

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I will narrate the facts in W.P.(C)No.12951 of

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2023 first:

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The petitioner is aggrieved by the impugned orders issued by the 2^nd respondent whereby the petitioner's Form 5 application for removal of the properties comprised in Re.Sy.No. 508/1, 508/2 and 508/8 of the of the Muthukulam Village, Karthikapally Taluk, Alappuzha District and Form 6 application for utilization of the properties for other purposes were rejected. The petitioner is aggrieved mainly for the

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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reason that the authorities were not considered the directions issued by this Court in Ext.P4 judgment while passing the impugned orders. Hence the above writ petition is filed.

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Petitioners in W.P.(C) Nos.14156 of 2023 & 20561 of 2023 are subsequent purchasers of the property from the petitioner in W.P.(C) No.12951 of 2023. Their applications were also not considered in the light of the judgment in W.P.(C) No.5839 of 2017 which is produced as Ext.P4 in W.P.(C) No.12951 of 2023.

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Heard the learned counsel appearing for the

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petitioners in these Writ petitions and the learned Government Pleader.

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This Court perused Ext.P4 judgment produced in W.P.(C) No.12951 of 2023. Admittedly, Ext.P4 judgment is an inter parte judgment between the parties in W.P.(C) No.12951 of 2023. It will be better to extract the relevant portion of Ext.P4

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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judgment produced in W.P.(C) No.12951 of 2023:

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“10. I have heard the petitioner and the learned Government Pleader representing the respondents.

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From the draft Data Bank produced by the petitioner as Ext.P12, it can be seen that the land comprised in 508/2 is “Thodu, Chira, Vattakkoona'. The land comprised in Re-survey No.508/8 is “Chira, Kuzhi, Vattakkoona”. The said entry in the draft Data Bank is not in dispute. The petitioner's attempt was to construct a motorable pathway to the adjoining lands owned by him. Such construction of motorable pathway is not through a land where paddy is being cultivated. The petitioner would contend that he has not made any changes in land comprised in Re-survey No.508/2.

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The motorable pathway proposed is exclusively through land in Re-survey No.508/8. In Ext.P4 order of the District Collector, it has been observed that the land in Resurvey No.508/8 has been converted unloading three loads of gravel and by planting Coconut saplings. In Ext.P15 order in revision, the 2nd respondent has found that the land should be treated as paddy land and the land ought to have been described as paddy land in the Data Bank. The 2nd respondent has stated that the land has to be 'regularised' as paddy land in the Data Bank. Holding so, the 2nd respondent affirmed the order of the District Collector and directed the authorities to take

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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steps to restore the land to its original position.\

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The Advocate Commissioner who visited the land has submitted a comprehensive report. The Commissioner stated that the land comprised in Resurvey No.508/8 was found fully filled and there were Coconut palms of the age 10 to 15 years. In the land comprised in Re-survey No.508/2, there are four 'Chira' and three 'Thodu'. The filled up area in Resurvey No.508/2 was planted with Coconut trees, which according to the Advocate Commissioner are 25 to 30 years old. It is therefore evident that such conversion was done prior to the enactment of the Act, 2008.

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The Advocate Commissioner also noted that the Panchayat has laid underground pipes through the drains situated between Re-survey No.508/7 an 508/6 which passes through the property comprised in Resurvey No.508/8. It would indicate that there was no paddy cultivation in the land for a long period. In fact, the Advocate Commissioner has also categorically stated that no paddy cultivation is seen in the neighbouring lands and the water channel provided under the property in Re-survey No.508/8 was not found to aid any paddy cultivation.

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The petitioner has only attempted to lay a motorable pathway to his remaining land. The land in Re-survey No.508/8 through which the pathway is proposed is admittedly not a paddy land even as per the remarks in the Data Bank. In view of the findings

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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of the Advocate Commissioner and in view of the purpose for which the land is sought to be used by the petitioner, this Court is of the considered view that mechanical application of the penal provisions contained in the Act, 2008 would result in grave injustice.

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In such circumstances, this Court is inclined to set aside Ext.P15 order. Ext.P15 order is therefore set aside.

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Writ petition is disposed of as above.”

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Thereafter, Exts.P8 and P9 orders were

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passed in W.P.(C) Nos.12951 of 2023 & 14156 of 2023 rejecting Form 5 and Form 6 applications. This Court perused Exts.P8 and P9 orders. It would not show that these orders were passed after adverting the findings in Ext.P4 judgment. I am of the considered opinion that the matter is to be reconsidered by the authorities in the light of the observations in Ext.P4 judgment produced in W.P.(C) No.12951 of 2023 and also after getting KSREC report. In the light of the above direction, no further direction is necessary in the other two Writ petitions.

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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Therefore, these Writ petitions are disposed of in the following manner:

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Exts.P8 and P9 in W.P.(C) No.12951 of 2023 is set aside and the 2^nd

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respondent is directed to reconsider the matter in the light of the observations in Ext.P4 judgment and also after getting KSREC report from the competent authority. The above exercise shall be completed, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

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In the light of the above direction, no further directions are necessary in W.P. (C)Nos.14156 of 2023 & 20561 of 2023

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because the petitioners in these cases

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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are the subsequent purchasers of the property from the petitioner in W.P.(C) No.12951 of 2023.

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While passing orders as directed above, an opportunity of hearing should be given to the petitioners in W.P.(C) Nos.14156 of 2023 & 20561 of 2023.

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I also make it clear that the petitioners in W.P.(C) Nos.14156 of 2023 & 20561 of 2023 are also free to file appropriate applications in Form 5 and Form 6, if necessary, in accordance with the Kerala Conservation of Paddy land and Wet Land Rules.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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APPENDIX OF WP(C) 14156/2023

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PETITIO	NER EXH	IBITS
EXHIBIT	P1	A TRUE COPY OF THE TAX REC THE NAME OF THE PETITIONER	EIPT IN AND HIS
		WIFE WITH REGARD TO NO.508/2-1 OF BLOCK 16, MU VILLAGE, DATED 12.04.2021	RESURVEY THUKULAM
EXHIBIT	P1A	A TRUE COPY OF THE TAX REC THE NAME OF THE PETITIONER WIFE WITH REGARD TO NO.508/2-3-1 OF BLOCK 16, MU VILLAGE, DATED 13.05.2022	EIPT IN AND HIS RESURVEY THUKULAM
EXHIBIT	P2	A TRUE COPY OF THE RELEVANT OF THE DRAFT DATA BANK APPR THE LLMC, MUTHUKULAM, PANCHAYATH	PORTION OVED BY GRAMA
EXHIBIT	P3	A TRUE COPY OF THE ORDER IS	SUED BY
		THE GOVERNMENT, (R.T)NO.44/2017/AGRI 17.01.2017	G.O. DATED
EXHIBIT	P4	A TRUE COPY OF THE RELEVANT OF THE GAZETTE NOTIFICATIO 22.01.2021 ISSUED BY THE MU PANCHAYATH	PORTION N DATED THUKULAM
EXHIBIT	P5	A TRUE COPY OF THE JUDGMENT HON'BLE COURT IN WPC.NO.5 DATED 28.09.2021	OF THIS 839/2017
EXHIBIT	P6	A TRUE COPY OF THE	FORM-6
		APPLICATION SUBMITTED B PETITIONER BEFORE THE CHENGANNUR, DATED 28.02.2022	Y THE RDO,
EXHIBIT	P7	A TRUE COPY OF THE REPORT LLMC, MUTHUKULAM VILLAGE, 18.06.2022	OF THE DATED
EXHIBIT	P8	A TRUE COPY OF ORDER 11302/2022, DATED 04.03.2023	NO.A- OF THE
		4TH RESPONDENT REJECTING APPLICATION	FORM-6

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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EXHIBIT P9 A TRUE COPY OF ORDER NO.A-3972/2022, DATED 04.03.2023 OF THE 4TH RESPONDENT REJECTING FORM-5 APPLICATION

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT NO. 5656904 DATED 24/8/2017 ISSUED BY THE MUTHUKULAM VILLAGE EXHIBITP2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS MKB 03/17-18 DATED 26/9/2017 EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 29/11/2017 EXHIBIT P4 A TRUE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 4/9/2019 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P (C) NO. 5839/2017 DATED 28/9/2021 OF THIS HON'BLE COURT EXHIBITP6 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE CHALAN RECEIPT DATED 26/2/2022 PAID BY THE PETITIONER

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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APPENDIX OF WP(C) 12951/2023

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PETITIONER EXHI EXHIBIT P1	BITS A TRUE COPY OF THE DRAFT DATA BANK ISSUED IN THE OFFICIAL GAZETTE DATED 30-12-2010
EXHIBIT P1(A)	A TRUE COPY OF THE DATE BANK PUBLISHED AS PER KERALA GAZETTE EXTRAORDINARY NO. 277/2021
EXHIBIT P2	A TRUE COPY OF THE ORDER NO.C8/27820/2014 DATED 18-04-2015
EXHIBIT P3	A TRUE COPY OF THE G.O(RT)NO.44/2017/AGRI DATED 17-01- 2017 ISSUED BY THE DEPUTY SECRETARY, DEPARTMENT OF AGRICULTURE
EXHIBIT P4	A TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 5839/2017 DATED 28-09-2021
EXHIBIT P5	A TRUE COPY OF THE FORM 6 APPLICATION DATED 15-12-2021
EXHIBIT P5(A)	A TRUE COPY OF THE FORM 6 APPLICATION DATED 20-12-2021
EXHIBIT P6	A TRUE COPY OF THE FORM 5 APPLICATION DATED 26-02-2021
EXHIBIT P7	A TRUE COPY OF THE JUDGEMENT DATED 08-06-2022 IN W.P.(C). NO. 11741/2022 ON THE FILES OF THIS HONOURABLE COURT
EXHIBIT P8	A TRUE COPY OF THE ORDER NO. A- 11302/2022 DATED 04-03-2022 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P9	A TRUE COPY OF THE ORDER NO. 3972/2022 DATED 04-03-2022 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10	A TRUE COPY OF THE REPORT DATED 18- 6-2022 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P11	A TRUE COPY OF THE JUDGMENT DATED 6- 11-2023 IN W.P.(C). NO. 29568 OF 2023 ON THE FILES OF THIS HONOURABLE
	COURT REPORTED IN 2023 KHC ONLINE 718

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W.P.(C) Nos.12951, 14156 & 20561 of 2023

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EXHIBIT P12	. A TRUE COPY OF THE REPLY DATED 26-
	12-2016 GIVEN UNDER THE RIGHT TO
	INFORMATION ACT, 2005 BY THE 5TH RESPONDENT ALONGWITH THE RELEVANT
	PORTION OF THE BASIC TAX REGISTER OF THE PETITIONER'S PROPERTY COMPRISED
	RE.SY.NO. 508/2 AND 508/8 OF
	MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK
EXHIBIT P13	A TRUE COPY OF THE JUDGMENT DATED
	28-6-2022 IN W.P.(C). NO. 18619 OF 2020 ON THE FILES OF THIS HONOURABLE COURT
EXHIBIT P14	A TRUE COPY OF THE APPLICATION DATED 11-1-2016 SUBMITTED BY THE PETITIONER UNDER CLAUSE 6 OF THE KLU ORDER, 1967 ALONG WITH THE POSTAL RECEIPT DATED 14-1-2016
EXHIBIT P15	A TRUE COPY OF THE REPLY DATED 20-8- 2021 ISSUED BY THE PUBLIC
	INFORMATION OFFICER, O/O OF THE 1ST
	RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, 2005
EXHIBIT P16	A TRUE COPY OF THE FIELD SKETCH OF SURVEY NO. 508/2 OF BLOCK NO. 16 OF THE MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK
EXHIBIT P17	A TRUE COPY OF THE LETTER NO. 2467/21 DATED 20-12-2021 ISSUED BY
	THE 2ND RESPONDENT TO 5TH RESPONDENT
	ALONG WITH THE FORM NO. 6 AND THE
	FIELD SKETCH OF SURVEY NO. 508/8 OF
	BLOCK NO. 16 OF THE MUTHUKULAM
	VILLAGE, KARTHIKAPALLY TALUK
EXHIBIT P18	A TRUE COPY OF THE FORM NO. 6 DATED
	28-2-2022 SUBMITTED BY THE
	PETITIONER ALONG WITH THE FIELD
	SKETCH OF SY NO. 508/1 AND SY.NO.
	508/2 OF BLOCK NO. 16 OF THE
	MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK
EXHIBIT P19	A TRUE COPY OF THE REPORT DATED 20-
	6-2022 SUBMITTED BY THE 5TH
	RESPONDENT BEFORE THE 2ND RESPONDENT