Disposed

T.M.Mujeeb Rahman v. State of Kerala

Kerala HC4 Apr 2024WP(C)/2404/2021

Case brief

AI extract

What is this about?

This court disposed of three connected writ petitions concerning remaining unacquired property. The court declined to make direct observations, directing petitioners to file a representation to the District Collector within 30 days. The Collector was ordered to act upon receipt, holding a hearing, and passing appropriate orders within four months.

What did the court decide?

Directions to file representation to District Collector within 30 days; determine appropriate orders within four months after hearing.

T.M.Mujeeb Rahman Vs State of Kerala — Land Acquisition | 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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THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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WP(C) NO. 40487 OF 2017

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PETITIONERS:

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1 BASHEER AHEMED M

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AGED 56 YEARS, S/O. MUSTHAFA HAJI,
NILAKKEL PUTHEN VEEDU, VARAVILA P.O.,
ELAPPANNI, KARUNAGAPALLY, KOLLAM - 690 528.

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2 FATHIMA THULDUHARA T.M AGED 44 YEARS, THOTTUKADAVIL HOUSE, CHERIYAMOOCHIKKAL, KARUVAMBRAM WEST, MANJERI, MALAPPURAM - 671 123.

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3 SIDDIQUI AKBAR AGED 46 YEARS, THOTTUKADAVIL HOUSE, S/O. MUSTHAFA HAJI, MANJERI P.O., MULLAMPARA, MALAPPUZRAM DISTRICT - 676 121.

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BY ADVS.
K.R.RAJKUMAR
JAGADEESH LAKSHMAN

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RESPONDENTS:

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

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2 SECRETARY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 SECRETARY PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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4 STATE PUBLIC CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 010.

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5 LAND REVENUE COMMISSIONER LAND REVENUE COMMISSIONERATE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

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6 DISTRICT COLLECTOR COLLECTORATE, MALAPPURAM - 676 505.

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7 REVENUE DIVISIONAL OFFICER MALAPPURAM - 676 505.

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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8 DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, MALAPPURAM - 676 505.

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9 DEPUTY SUPERINTENDENT OF POLICE O/O. SUPERINTENDENT OF POLICE, MALAPPURAM - 676 505.

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10 THAHASILDAR THALUK OFFICE, THIRUR - 676 101.

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11 SUB REGISTRAR SUB REGISTRAR OFFICE, THIRUR - 676 101.

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12 VILLAGE OFFICER THRIKKANDIYUR VILLAGE OFFICE, THRIKKANDIYOOR, MALAPPURAM - 676 101.

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13THE SECRETARY
TIRUR MUNICIPALITY, TIRUR - 676 101.
ADDL.R14T.M MANSOOR AHMED
AGED 62 YEARS
S/O LATE MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
MANJERI PO, MALAPPURAM DISTRICT.
ADDL.R15KHALEELU RAHMAN T.M
AGED 59 YEARS
S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
ALINCHUVADU, MOONNNIYOOR PO, MALAPPURAM
DISTRICT.

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ADDL.R16T.M. HABEEB RAHMAN
AGED 57 YEARS
S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
BEENBUNGHAL, MAMPAD P.O.

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ARE IMPLEADED AS ADDITIONAL 14TH TO 16TH
RESPONDENTS AS PER ORDER DATED 10.4.18 IN IA
6458/18
BY ADVS.
SHRI.P.VENUGOPAL, SC, TIRUR MUNICIPALITY
SPL. GOVERNMENT PLEADER (LA) SMT.N.SUDHADEVI
SHRI.SAYED MANSOOR BAFAKHY THANGAL, SC, TIRUR
MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, ALONG WITH WP© 26104/2019 AND CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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¶33

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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 2404 OF 2021

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PETITIONER:

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T.M.MUJEEB RAHMAN
AGED 57 YEARS
S/O LATE MUSTHAFA HAJI, NALUCENT COLONY,
VALIYA KAVU, PULPETTA P O, MALAPPURAM.
BY ADV S.MUMTAZ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND REVENUE SECRETARIAT, THIRUVANANTHAOURAM-695001.

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2 DISTRICT COLLECTOR COLLECTORATE, MALAPPURAM-676505.

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3 REVENUE DIVISIONAL OFFICER THIRUR-676101.

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4 SUPERINTENDENT OF POLICE. DISTRICT POLICE OFFICE, MALAPPURAM-676505.

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5 POLICE INFORMATION OFFICER COLLECTORATE, MALAPPURAM-676505.

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6 TAHASILDAR TALUK OFFICE, THIRUR-676101. BY ADVS.SMT.N.SUDHAMANI, SPL GP (LA) ADVOCATE GENERAL OFFICE KERALA SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL() C.P.PRADEEP, SENIOR G.P.()

¶45

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, ALONG WITH WP(C).40487/2017 AND CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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¶48

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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 26104 OF 2019

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PETITIONERS:

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1 HABEEB RAHMAN T M, AGED 58 YEARS

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S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE,
NILAMBUR R S P.O.RAMANKUTHU VIA,
MALAPPURAM DISTRICT

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2 T.M. MUKTHAR AHMED, S/O MUSTHAFA HAJI, THOTTUKADAVIL HOUSE, NILAMBUR R S P.O.RAMANKUTHU VIA, MALAPPURAM DISTRICT

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BY ADV S.MUMTAZ

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RESPONDENTS:

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1 STATE OF KERALA, REP BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM

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2 SECRETARY,

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HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

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3 SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.

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4 STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

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5 LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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6 DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM

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7 STATE PUBLIC INFORMATION OFFICER AND SENIOR SUPERINTENDENT SUIT CELL, COLLECTORATE, MALAPPURAM

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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8 REVENUE DIVISIONAL OFFICER, MALAPPURAM.

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9 DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, MALAPPURAM

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10 DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM

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11 TAHASILDAR, TALUK OFFICE, THIRUR.

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12 SUB REGISTRAR, SUB REGISTRAR OFFICE, THIRUR.

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13 VILLAGE OFFICER, THRIKKANDIYOOR VILLAGE, MALAPPURAM

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14 THE SECRETARY, THIRUR MUNICIPALITY, THIRUR. BY ADVS.SRI.N.SUDHADEVI ADVOCATE GENERAL OFFICE KERALA SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL() C.P.PRADEEP, SENIOR G.P.()

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).40487/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 & 2404 of 2021

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---------------------------------------------Dated this the 04^th day of April, 2024

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JUDGMENT

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These three writ petitions are connected and therefore, I

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am disposing these writ petitions by a common judgment.

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The grievance of the petitioners in these cases is

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that the entire property of the petitioners are not acquired and the remaining property is now without any use. The Special Government Pleader (LA) submitted that the acquisition proceedings is already over way back in 1961. According to the acquisition authority, there is no property remaining. If there is any property remaining unacquired, a survey can be conducted and the issue can be resolved. The counsel for the petitioners submitted that the Police Department issued a letter to the Executive Engineer, PWD, (B & R) in the year 1962 stating that the building was not taken possession. I do

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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not want to make any observation about the same. The petitioners can file a fresh representation narrating their grievance to the District Collector, Malappuram, based on the letter of the Superintendent of Police, Kozhikode, to the Executive Engineer, PWD, (B & R). If such a representation is received, the District Collector will do the needful in accordance with law.

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Therefore, this writ petition is disposed of with following directions:

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The petitioners in these writ petitions are free to file a representation narrating their surviving grievance to the District Collector, Malappuram, within 30 days from the date of receipt of a copy of this judgment.

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Once such a representation is received, the District Collector, Malappuram will pass appropriate orders in it, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within four months from the

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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date of receipt of the representation.

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The petitioners shall produce a certified copy of this judgment along with a copy of these writ petitions before the District Collector for compliance.

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sd/- P.V.KUNHIKRISHNAN

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JUDGE

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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APPENDIX OF WP(C) 2404/2021

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF` `THIRUR SRO.`	`SALE`	`DEED`	`NO. 431/1957 OF`
`EXHIBIT P2`	`TRUE COPY OF` `THIRUR SRO.`	`SALE`	`DEED`	`NO. 470/1956 OF`
`EXHIBIT P3`	`TRUE COPY OF`	`THE`	`REQUE`	`ST LETTER DATED`
	`20.12.2013 SU`	`BMITT`	`ED H`	`ABEEB RAHMAN ON`
	`BEHALF OF ALL` `MUSATAFA HAJI` `2ND RESPONDEN`	`THE` `AND` `T`	`LEGA` `RUKI`	`L HEIRS OF LATE` `YA UMMA TO THE`
`EXHIBIT P4`	`TRUE COPY OF` `2380/2014 DAT`	`SAID` `ED 23`	`JUDG` `.01.2`	`MENT IN WPC NO.` `014.`
`EXHIBIT P5`	`TRUE COPY OF` `RESPONDENT` `BI/37603/2013`	`ORDE` `VIDE` `DATE`	`R PA` `P` `D 23/`	`SSED BY THE 2ND` `ROCEEDINGS` `IN` `06/2014.`
`EXHIBIT P6`	`TRUE COPY O`	`F TH`	`E JU`	`DGMENT OF THIS`
	`HON'BLE COURT` `DATED 11/12/2`	`IN` `015`	`WPC`	`NO. 15869/2015`
`EXHIBIT P7`	`TRUE COPY` `29/07/2016` `RESPONDENT.`	`OF` `PASS`	`THE` `ED`	`ORDER DATED` `BY` `THE` `2ND`
`EXHIBIT P8`	`TRUE COPY OF` `07/12/2020 SU` `TO THE 2ND RE`	`THE` `BMITT` `SPOND`	`REQUE` `ED BY` `ENT.`	`ST LETTER DATED` `THE PETITIONER`

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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APPENDIX OF WP(C) 26104/2019

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE SALE DEED NO` `431/1957.`
`EXHIBIT P2`	`TRUE COPY OF SALE DEED NO 470/1956`
`EXHIBIT P3`	`TRUE COPY OF THE ELECTRICITY BILL` `DATED 13.12.2011`
`EXHIBIT P3`	`TRUE COPY OF THE ELECTRICITY BILL` `DATE4D 24.3.2014`
`EXHIBIT P4`	`TRUE COPY OF THE REQUEST LETTER` `SUBMITTED BY THE 1ST PETITIONER TO THE` `6TH RESPONDENT (DISTRICT COLLECTOR,` `MALAPPURAM) DATED 20.12.2013`
`EXHIBIT P5`	`TRUE COPY OF THE JUDGMENT IN WPC NO` `2380/2014 DATED 23.1.2014`
`EXHIBIT P6`	`TRUE COPY OF THE ORDER PASSED BY THE` `6TH RESPONDENT DATED 23.6.2014`
`EXHIBIT P7`	`TRUE COPY OF THE REPLY GIVEN BY THE` `PUBLIC INFORMATION OFFICER DATED` `28.4.2015`
`EXHIBIT P8`	`TRUE COPY OF THE JUDGMENT OF THIS` `HON'BLE COURT IN WPC NO 15868/2015`
`EXHIBIT P9`	`TRUE COPY OF THE ORDER PASSED BY THE` `DISTRICT COLLECTOR DATED 29.7.2016`
`EXHIBIT P10`	`TRUE COPY OF THE LETTER DATED 5.8.2016` `SUBMITTED BY THE 1ST PETITIONER TO THE` `11TH RESPONDENT UNDER RTI ACT`
`EXHIBIT P11`	`TRUE COPY OF THE LETTER SUBMITTED BY` `2ND RESPONDENT DATED 29.6.2018 BEFORE` `THE 6TH RESPONDENT UNDER THE RTI ACT`
`EXHIBIT P12`	`TRUE COPY OF THE REPLY ISSUED BY THE` `7TH RESPONDENT DATED 25.10.2018 ON` `BEHALF OF TE 6TH RESPONDENT`
`EXHIBIT P13`	`TRUE COPY OF THE LETTER DATED` `20.8.2013 ISSUED BY THE VILLAGE` `OFFICER TO THE 1ST PETITIONER`
`EXHIBIT P14`	`TRUE COPY OF THE LETTER ISSUED BY THE` `12TH RESPONDENT DATED 26.3.2014 TO THE` `TAHSILDAR 11TH RESPONDENT`
`EXHIBIT P15`	`LETTER ISSUED BY THE 12TH RESPONDENT`

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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DATED 21.7.2016 ADDRESSED TO THE 6TH
RESPONDENT
EXHIBIT P16TRUE COPY OF THE LIST OF PURAMBOKE
LANDOFTHRIKKANDIYOORVILLAGE
MAINTAINED AS PER THE LAND CONSERVANCY
ACT.

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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¶113

APPENDIX OF WP(C) 40487/2017

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE ASSIGNMENT DEED NO.` `431/1957 DATED 23.02.1957.`
`EXHIBIT P2`	`TRUE COPY OF THE REGISTERED ASSIGNMENT` `DEED NO. 470/1956 DATED 07.04.1956.`
`EXHIBIT P3`	`TRUE COPY OF THE BILL SHOWING RUKHIYA` `UMMA'S NAME OF THE RECEIPTS ISSUED BY` `KSEB DATED 13.12.2011.`
`EXHIBIT P4`	`TRUE COPY OF THE RECEIPTS SHOWING` `PAYMENTS MADE IN THE NAME OF RUKHIYA` `UMMA'S NAME ISSUED BY KSEB DATED` `24.03.2014.`
`EXHIBIT P5`	`TRUE COPY OF THE PROFILE OF THE` `CONSUMER NUMBER IN THE NAME OF RUKHIY` `UMMA ISSUED BY KSEB.`
`EXHIBIT P6`	`TRUE COPY OF THE LETTER NO. B2-` `10081/13 DATED 23.08.2013 ISSUED BY` `THE TAHASILDAR.`
`EXHIBIT P7`	`TRUE COPY OF THE COPY OF THE ADANGAL` `REGISTER SHOWING THE RECORD THAT THE` `SY.NO. 111/8.`
`EXHIBIT P8`	`TRUE COPY OF THE LETTER NO. 07/13/RTI` `DATED 20.08.2013.`
`EXHIBIT P9`	`TRUE COPY OF THE LETTER NO.` `315/TDR/ECO./14 DATED 21.03.2014.`
`EXHIBIT P10`	`TRUE COPY OF THE LETTER NO. 71/2014` `DATED 26.03.2014 ISSUED BY THE SUB` `REGISTRAR TO TAHASILDAR TIRUR.`
`EXHIBIT P11`	`TRUE COPY OF THE NO. B2-3519/14 DATED` `05.04.2014.`
`EXHIBIT P12`	`TRUE COPY OF THE COMMUNICATION NO. B2-` `3519/14 DATED 19.05.2014.`
`EXHIBIT P13`	`TRUE COPY OF THE LETTER NO.` `1490/TDR/13 DATED 28.04.2014.`
`EXHIBIT P14`	`TRUE COPY OF THE REPORT NO. H3059/14` `DATED 24.05.2014.`
`EXHIBIT P15`	`TRUE COPY OF THE PROCEEDINGS OF THE`
	`DISTRICT COLLECTOR NO. B1/37603/2013` `DATED 23.06.2014.`

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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`EXHIBIT P16`	`TRUE COPY OF THE LETTER NO. B1-` `37603/2013 DATED 16.06.2014.`
`EXHIBIT P17`	`TRUE COPY OF THE LETTER NO.` `14/RTI/2014 DATED 16.09.2014.`
`EXHIBIT P18`	`TRUE COPY OF THE LETTER NO. D-3504/15` `DATED 28.04.2015.`
`EXHIBIT P19`	`TRUE COPY OF THE LETTER NO.` `13/RTI/2014 DATED 05.08.2014.`
`EXHIBIT P20`	`TRUE COPY OF THE LETTER NO. H-8233` `DATED 26.02.2016.`
`EXHIBIT P21`	`TRUE COPY OF THE LETTER NO. D3-` `392/2016 DATED 03.05.2016.`
`EXHIBIT P22`	`TRUE COPY OF THE JUDGMENT IN W.P.` `(C)NO. 15869 OF 2015 DATED 11.12.2015.`
`EXHIBIT P23`	`TRUE COPY OF THE LETTER NO.CR NO.` `98/16 DATED 07.06.2016.`
`EXHIBIT P24`	`TRUE` `COPY` `OF` `THE` `ENCUMBRANCE` `CERTIFICATE` `PERTAINING` `TO` `THE`
	`SY.NO.111/3, 111/4, AND 111/8 OF` `THRIKKANDIYOOR VILLAGE.`
`EXHIBIT P25`	`TRUE` `COPY` `OF` `THE` `LETTER` `NO.C.NO.55/2014 DATED 21.07.2016.`
`EXHIBIT P26`	`TRUE COPY OF THE ORDER NO. 17603/2013` `DATED 29.07.2016.`
`EXHIBIT P27`	`COPY OF THE REPLY DATED 28.04.2015` `ISSUED BY THE OFFICE OF HTE SUB` `COLLECTOR PERINTHALMANNA`
`EXHIBIT P28`	`COPY OF THE REPLY DATED 25.10.2018` `ISSUED BY THE 6TH RESPONDENT OFFICE` `UNDER THE RIGHT TO INFORMATION ACT`
`Exhibit P29`	`THE TRUE COPY OF THE ORDER IN CC`
	`NO.859 OF 2014 DATED 18/12/2021 PASSED`
	`BY THE JFCM-I TIRUR.`
`RESPONDENT ANNEX`	`URES`
`EXHIBIT R6(A)`	`COPY OF RECORDS RELATING TO THE`
	`ACQUISITION OF HTE LAND IN SY`
	`NO.111/4, 111/8 OF TRIKKANDIYUR` `VILLAGE`
`ANNEXURE R6(b)`	`TRUE COPY OF THE REPORT DATED`
	`23.06.2023 SUBMITTED BY THE TAHASILDAR` `(LR) , TIRUR`

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W.P.(C).Nos.40487 of 2017, 26104 of 2019 &2404 of 2021

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¶121

ANNEXURE R6(c)TRUE COPY OF THE RELEVANT PAGES OF THE
BTR
ANNEXURE R6(d)TRUE COPY OF THE FMB SKETCH.

T.M.Mujeeb Rahman v. State of Kerala

Case brief

What is this about?

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T.M.Mujeeb Rahman v. State of Kerala

Case brief

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