Disposed

P.D.Radhakrishnan v. Valapad Grama Panchayath

Kerala HC19 Jun 2024WP(C)/26765/2016

Case brief

AI extract

What is this about?

Connected writ petitions challenged the demolition of boundary walls and shop rooms allegedly encroaching on a panchayat road. As the Panchayat had already taken possession without acquisition procedure or compensation, the court held the prayers infructuous and closed the writ petitions, granting liberty to separately pursue compensation claims.

What did the court decide?

Writ petitions closed with liberty to agitate compensation claims separately.

P.D.Radhakrishnan Vs Valapad Grama Panchayath — Land Acquisition | Kerala HC (2024)

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WP(C) NO. 33783 OF 2016 and conn. Cases 1

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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 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 WP(C) NO. 33783 OF 2016

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PETITIONER/S:

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1 SUBRAHMANIAN AGED 60 YEARS S/O.RAMAN KUNJI, VALIYAPARAMBIL, KODUNGALLUR TALUK, PANANGAD VILLAGE, THRISSUR.

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2 SATHYABHAMA W/O.SUBRAHMANIAN,VALIYAPARAMBIL, KODUNGALLUR TALUK, PANANGAD VILLAGE, THRISSUR.

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BY ADVS. SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA

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RESPONDENT/S:

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1 VALAPAD GRAMA PANCHAYAT. VALAPAD, THRISSUR-680 567,REPRESENTED BY ITS SECRETARY.

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2 SECRETARY VALAPAD GRAMA PANCHAYATH,VALAPAD, THRISSUR-680 567.

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3 E.K.THOMAS PRESIDENT, VALAPAD GRAMA PANCHAYATH,VALAPAD, THRISSUR-680 567.

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4 MANOJ MATHEW PALATHARA CONSTRUCTIONS, VAZHAPPILLY PO, KOTTAYAM686 673.

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5 P.N.SUCHINTH S/O.NARAYANAN, PULLAT HOUSE,EDAMUTTOM PO, THRISSUR680 568,CONVENOR OF EDAMUTTOM BEACH ROADCONSTRUCTION

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WP(C) NO. 33783 OF 2016 and conn. Cases 2

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COMMITTEE.

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6 T.U.UDAYAN S/O.UPENDRAN, THARAYIL HOUSE,KAZHIMBRAM PO, EDAMUTTOM-680 568,CONVENOR OF EDAMUTTOM BEACH ROADCONSTRUCTION COMMITTEE.

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7 LENY HARIDAS WARD MEMBER OF WARD NO.15,VALAPAD GRAMA PANCHAYATH,VALAPAD, THRISSUR-680 567.

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8 EXECUTIVE ENGINEER PROJECT IMPLEMENTATION UNIT (PIU),DISTRICT PANCHAYATH, DSMS BUILDING HALL,OLARIKKARA, PULLAZHY PO, TRICHUR-680 012.

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9 SUB INSPECTOR OF POLICE VALAPAD POLICE STATION, VALAPAD,THRISSUR-680 567.

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10 VILLAGE OFFICER VALAPAD VILLAGE, THRISSUR-680 567.

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BY ADVS. SRI.RAJIT SMT.P.R.REENA SRI.MANU SEBASTIAN

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OTHER PRESENT:

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SRI RIYAL DEVASSY, GP, SRI.RAJ PRADEEP R, R1 & R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2024, ALONG WITH WP(C).26765/2016, 30778/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33783 OF 2016 and conn. Cases 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

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THURSDAY, THE 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945

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WP(C) NO. 26765 OF 2016

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PETITIONER/S:

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1 P.D.RADHAKRISHNAN AGED 55 YEARS S/O.P.V.DHARMARAJAN, PATHATT HOUSE, P.O.NATTIKA, THRISSUR DISTRICT.

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2 SUDHA K.M. W/O.LATE SATHYADEVAN M.P., MARATH HOUSE, EDAMUTTOM P.O., THRISSUR DISTRICT.

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3 SANKARANARAYANAN M.P. S/O.PARU, MARATH HOUSE, EDAMUTTOM P.O., THRISSUR DISTRICT.

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4 NIRMALA V.S. W/O.SHOBANAN M.P., MARATH HOUSE, EDAMUTTOM P.O., THRISSUR DISTRICT.

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BY ADV G.SREEKUMAR (CHELUR)

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RESPONDENT/S:

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1 VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR - 680 567, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY VALAPAD GRAMA PANCHAYATH, VALAPAD, THRISSUR - 680 567.

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3 E.K.THOMAS PRESIDENT, VALAPAD GRAMA PANCHAYATH, VALAPAD,

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WP(C) NO. 33783 OF 2016 and conn. Cases 4

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THRISSUR - 680 567.

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4 MANOJ MATHEW PALATHARA CONSTRUCTIONS, VAZHAPPILLY P.O., KOTTAYAM - 686 673.

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5 P.N.SUCHINTH S/O.NARAYANAN, PULLAT HOUSE, EDAMUTTOM P.O., THRISSUR - 680 568 CONVENOR OF EDAMUTTOM BEACH ROAD CONSTRUCTION COMMITTEE

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6 LENY HARIDAS

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WARD MEMBER OF WARD NO.15, VALAPAD GRAMA PANCHAYATH, VALPAD, THRISSUR - 680 567.

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7 SUB INSPECTOR OF POLICE VALAPAD POLICE STATION, VALAPAD, THRISSUR - 680 567.

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8 EXECUTIVE ENGINEER PROJECT IMPLEMENTATION UNIT (PIU), DISTRICT PANCHAYATH, DSMS BUILDING, OLARIKKARA, PULLAZHI P.O., THRISSUR-680012.

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BY ADVS.

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SRI.RAJIT

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SRI.J.JULIAN XAVIER, SRI.RAJ PRADEEP (R1 TO R3)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2024, ALONG WITH WP(C).33783/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33783 OF 2016 and conn. Cases 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 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945

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WP(C) NO. 30778 OF 2016

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PETITIONER/S:

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M.V.PREMKUMAR AGED 64 YEARS S/O.VELAYUDHAN, MARATH HOUSE, KAZHIMBRAM BEACH ROAD, EDAMUTTOM.

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BY ADVS. PHILIP T.VARGHESE THOMAS T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA SHRUTHI SARA JACOB ALEX THOMAS ARJUN RAJA P.C.

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RESPONDENT/S:

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1 VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567

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3 E K THOMAS PRESIDENT, VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567

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4 MANOJ MATHEW PALATHARA CONSTRUCTIONS, VAZHAPPILLY P O, KOTTAYAM686673.

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5 P N SUCHINTH

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WP(C) NO. 33783 OF 2016 and conn. Cases 6

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S/O.NARAYANAN, PULLAT HOUSE, EDAMUTTOM P O, THRISSUR-680568, CONVENOR OF EDAMUTTOM BEACH ROAD CONSTRUCTION COMMITTEE.

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6 T U UDAYAN S/O.UPENDRAN, THARAYIL HOUSE, KAZHIMBRAM P O, EDAMUTTOM-680568, CONVENOR OF EDAMUTTOM BEACH ROAD CONSTRUCTION COMMITTEE

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7 LENY HARIDAS

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WARD MEMBER OF WARD NO 15, VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567.

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8 EXCUTIVE ENGINEER PROJECT IMPLEMENTATION UNIT (PIU), DISTRICT PANCHAYATH, DSMS BUILDING HALL, OLARIKKARA, PULLAZHY P O, TRICHUR-680012.

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9 SUB INSPECTOR OF POLICE VALAPAD GRAMA PANCHAYATH VALAPAD, THRISSUR -680567.

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10 VILLAGE OFFICER

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VALAPAD VILLAGE, VALAPAD, THRISSUR -680567

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BY ADVS. SRI.RAJIT SMT.P.R.REENA

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GOVERNMENT PLEADER, SRI.RAJ PRADEEP (R1 TO R3)SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2024, ALONG WITH WP(C).33783/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33783 OF 2016 and conn. Cases 7

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) Nos. 26765, 30778 & 33783 OF 2016

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Dated this the 8^th day of February, 2024

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JUDGMENT

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These writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment.

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These writ petitions are filed mainly challenging the action of the respondents to demolish the boundary wall and shop rooms in the petitioners' property alleging encroachment into the property abutting the Edamuttom Beach-Jawan Corner Panchayat Road.

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Today, the counsel for the petitioners in W.P.(C.) No. 33783/2016 submitted that the property is already taken possession by the Panchayat and no compensation is paid. It is also submitted that no procedure for acquisition is followed while taking possession of the property. Since the property is already taken possession by the Panchayat, I think the prayers in these writ petitions are infructuous. The petitioners are free

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WP(C) NO. 33783 OF 2016 and conn. Cases 8

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to agitate regarding their claim for compensation, if they have got title in the property.

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Granting liberty to the petitioners to agitate the same separately, these writ petitions are closed.

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Sd/P.V.KUNHIKRISHNAN JUDGE

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SKS

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WP(C) NO. 33783 OF 2016 and conn. Cases 9

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APPENDIX OF WP(C) 26765/2016

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PETITIONER EXHIBITS

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EXHIBIT	P1 TRUE COPIES RECEIPTS OF	OF THE LATEST PROPERTY TAX THE 1ST PETITIONER
EXHIBIT	P1(A) TRUE COPIES RECEIPTS OF	OF THE LATEST PROPERTY TAX THE 2ND PETITIONER
EXHIBIT	P1(B) TRUE COPIES RECEIPTS OF	OF THE LATEST PROPERTY TAX THE 3RD PETITIONER.
EXHIBIT	P1(C) TRUE COPIES RECEIPTS OF	OF THE LATEST PROPERTY TAX THE 4TH PETITIONER
EXHIBIT	P1(D) TRUE COPIES RECEIPTS OF	OF THE LATEST PROPERTY TAX THE 4TH PETITIONER
EXHIBIT	P2 PHOTOGRAPH DAMAGE AND RESPONDENTS	TO DEMONSTRATE THE EXTENT OF TRESPASS COMMITTED BY THE 1 TO 6
EXHIBIT	P2(A) PHOTOGRAPH DAMAGE AND RESPONDENTS	TO DEMONSTRATE THE EXTENT OF TRESPASS COMMITTED BY THE 1 TO 6
EXHIBIT	P2(B) PHOTOGRAPH DAMAGE AND RESPONDENTS	TO DEMONSTRATE THE EXTENT OF TRESPASS COMMITTED BY THE 1 TO 6
EXHIBIT	P2(C) PHOTOGRAPH DAMAGE AND RESPONDENTS	TO DEMONSTRATE THE EXTENT OF TRESPASS COMMITTED BY THE 1 TO 6
EXHIBIT	P3 TRUE COPY O 2ND PETITIO	F THE COMPLAINT FILED BY THE NER.
EXHIBIT	P3(A) TRUE COPY O 3RD PETITIO	F THE COMPLAINT FILED BY THE NER
EXHIBIT	P3(B) TRUE COPY O 4TH PETITIO	F THE COMPLAINT FILED BY THE NER

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WP(C) NO. 33783 OF 2016 and conn. Cases 10

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EXHIBIT P4	TRUE COPY OF THE OFFICE OF	THE THE	ACKNOWLEDGMENT GIVEN FROM 7TH RESPONDENT.
EXHIBIT P4(A)	TRUE COPY OF THE OFFICE OF	THE THE	ACKNOWLEDGMENT GIVEN FROM 7TH RESPONDENT
EXHIBIT P4(B)	TRUE COPY OF THE OFFICE OF	THE THE	ACKNOWLEDGMENT GIVEN FROM 7TH RESPONDENT
EXHIBIT P5	TRUE COPY OF 1ST PETITIONE RESPONDENT.	THE R'S	COMPLAINT FILED BY THE FATHER BEFORE THE 7TH

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WP(C) NO. 33783 OF 2016 and conn. Cases 11

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APPENDIX OF WP(C) 30778/2016

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PETITION	ER EXHIBITS
EXHIBIT	P1 TRUE COPIES OF THE LATEST PROPERTY TAX RECEIPT OF THE PETITIONER DTD 28/3/2016
EXHIBIT	P2 PHOTOGRAPH DISCLOSING THE ORIGINAL CONDITION OF THE COMPOUND WALL AND EXISTENCE OF COCONUT AND ARECANUT TREES DTD NJIL
EXHIBIT	P3 PHOTOGRAPH DISCLOSING THE HIGHHANDED DEMOLITION AND TRESPASS CMMITTED BY RESPONDENTS 2 TO 8 DTD NIL
EXHIBIT	P3(A) PHOTOGRAPH DISCLOSING THE HIGHHANDED DEMOLITION AND TRESPASS COMMITTED BY RESPONDENTS 2 TO 8 WIDENING DTD NIL
EXHIBIT	P4 PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON THE SIDE OF THE ROAD DISCLOSING THE PROGRAMME OF ROAD WIDENING DTD NIL
EXHIBIT	P4(A) PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON THE SIDE OF THE ROAD DISCLOSING THE PROGRAMME OF ROAD WIDENING DTD NIL.

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WP(C) NO. 33783 OF 2016 and conn. Cases 12

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APPENDIX OF WP(C) 33783/2016

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PETITIONER EXHIBITS

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EXHIBIT	P1 : TRUE COPY OF THE SALE DEED NO.11 OF 2015.
EXHIBIT	P1(A) : TRUE COPIES OF THE LATEST PROPERTY TAX RECEIPT OF THE PETITIONERS 1 AND 2.
EXHIBIT	P2 : PHOTOGRAPH DISCLOSING THE HIGHHANDED DEMOLITION AND TRESPASS COMMITTEED BY RESPONDENTS 2 TO 8.
EXHIBIT	P2(A) : PHOTOGRAPH DISCLOSING THE HIGHHANDED DEMOLITION AND TRESPASS COMMITTEED BY RESPONDENTS 2 TO 8.
EXHIBIT	P2(B) : PHOTOGRAPH DISCLOSING THE HIGHHANDED DEMOLITION AND TRESPASS COMMITTEED BY RESPONDENTS 2 TO 8.
EXHIBIT	P2(C) : PHOTOGRAPH DISCLOSING THE HIGHHANDED DEMOLITION AND TRESPASS COMMITTEED BY RESPONDENTS 2 TO 8.
EXHIBIT	P3 : PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON THE SIDE OF THE ROAD DISCLOSING THE PROGRAMME OF ROAD WIDENING.
EXHIBIT	P3(A) : PHOTOGRAPH DISCLOSING THE BOARD AFFIXED ON THE SIDE OF THE ROAD DISCLOSING THE PROGRAMME OF ROAD WIDENING.

P.D.Radhakrishnan v. Valapad Grama Panchayath

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P.D.Radhakrishnan v. Valapad Grama Panchayath

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