Disposed

Smitha T.S v. Puthur Grama Panchayat

Kerala HC9 Apr 2024WP(C)/3434/2022

Case brief

AI extract

What is this about?

The petitioner, a property owner, filed writ petitions challenging the operation of a supermarket and illegal construction by her lessee. The Court disposed of connected writ petitions conditionally, noting that the Grama Panchayath will act per law and that bank proceedings under the SURFAESI Act remain pending. All contentions were left open.

What did the court decide?

Petitions disposed without final adjudication; contents left open pending bank proceedings; Grama Panchayath to act accordingly.

Smitha T.S Vs Puthur Grama Panchayat — Property and Title | Kerala HC (2024)

¶1

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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TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

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WP(C) NO. 13735 OF 2021

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PETITIONER:

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SMITHA T.S. AGED 43 YEARS W/O. SANTHOSH KUMAR, KUNNATHUVALAPPIL HOUSE, VETTUKAD P. O., THRISSUR DIST., PIN - 680 014.

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BY ADVS. E.V.MOLY E.V PUSHPARAJ.K.P(K/1098/2012)

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RESPONDENT/S:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF JOINT REGISTRAR OF COOPERATIVE SOCIETIES, AYYANTHOLE, THRISSUR, PIN – 680 003.

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2 OLLUKKARA BLOCK KERALA STATE SERVICE PENSIONERS UNION COOPERTIVE WELFARE SOCIETY LTD. - R.1448 PUTHUR P. O., THRISSUR DISTRICT, PIN - 680 014., REPRESENTED BY ITS SECRETARY.

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3 PUTHUR GRAMAPANCHAYATH PUTHUR P. O., THRISSUR DISTRICT, PIN - 680 014, REPRESENTED BY ITS SECRETARY.

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BY ADVS. SRI. RIYAL DEVASSY, GP REJI GEORGE SANTHOSH P.PODUVAL NASEER MOIDU BINOY DAVIS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).3434/2022, 5565/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶20

TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

¶21

WP(C) NO. 3434 OF 2022

PETITIONER:

SMITHA T.S

AGED 43 YEARS

W/O SANTHOSH KUMAR, KUNNATHUVALAPPIL HOUSE, VETTUKAD.P.O, THRISSUR DISTRICT, PIN-680 014.

BY ADVS.

V.M.KRISHNAKUMAR

P.R.REENA

RESPONDENTS:

1 PUTHUR GRAMA PANCHAYAT REPRESNTED BY SECRETARY, PUTHUR.P.O, THRISSUR DISTRICT,PIN-680 014.

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2 THE SECRETARY

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PUTHUR GRAMAPANCHAYATH, PUTHUR.P.O, THRISSUR DISTRICT,PIN-680 014.

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3 OLLUKKARA BLOCK KERALA STATE SERVICE PENSIONERS ,

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UNION COOPERATIVE WELFARE SOCIETY LTD-R.1448, PUTHUR.P.O, THRISSUR DISTRICT, PIN-680 014, REPRESENTED BY ITS SECRETARY.

BY ADVS.

SANTHOSH P.PODUVAL

REJI GEORGE

WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

¶39

¶40

BINOY DAVIS SAISANKAR.S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).13735/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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¶44

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶45

PRESENT

¶46

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

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WP(C) NO. 5565 OF 2022

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PETITIONER:

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SMITHA

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AGED 40 YEARS W/O.SANTHOSH KUMAR, KUNNATHUVALAPPIL, CHERUKUNNU, PUTHUR VILLAGE, VETTUKAD.P.O, PIN - 680 014, THRISSUR DISTRICT. BY ADV E.V.MOLY

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RESPONDENTS:

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1 PUTHUR GRAMA PANCHAYAT

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PUTHUR.P.O, THRISSUR, REPRESENTED BY ITS SECRETARY-680 014.

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2 OLLUKKARA BLOCK KERALA STATE SERVICE PENSIONERS WELFARE CO-OPERATIVE SOCIETY LTD.NO.R-1418, PUTHUR.P.O, THRISSUR-680 014, REPRESENTED BY ITS PRESIDENT

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3 LOCAL SELF GOVERNMENT, PUTHUR GRAMA PANCHAYATH, PUTHOOR.P.O, THRISSUR-680 014, REPRESENTED BY ITS SECRETARY.

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BY ADVS. RIYAL DEVASSY, GP SHRI.SANTHOSH P.PODUVAL, SC, PUTHUR GRAMA PANCHAYAT REJI GEORGE

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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¶60

NASEER MOIDU BINOY DAVIS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).13735/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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¶64

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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TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

¶68

WP(C) NO. 29438 OF 2021

PETITIONER:

SMITHA T.S.

AGED 43 YEARS

W/O SANTHOSH KUMAR, KUNNATHUVALAPPIL HOUSE, VETTUKAD P.O, THRISSUR DIST, PIN 680 014

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BY ADVS.

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V.M.KRISHNAKUMAR P.R.REENA P.S.SIDHARTHAN MAYA M.

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD - KSEB REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004

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2 THE ELECTRICAL INSPECTOR OFFICE OF THE ELECTRICAL INSPECTOR, BELL MOUTH BUILDING, KURUPPAM ROAD, THRISSUR, PIN - 680 001

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3 ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SECTION, KSEB, PUTHUR, THRISSUR DISTRICT, PIN - 680 014

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4 ASSISTANT EXECUTIVE ENGINEER KSEB, LINE MAINTENANCE SUB DIVISION,

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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CHALAKUDY, THRISSUR, PIN - 680 307

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5 OLLUKKARA BLOCK KERALA STATE SERVICE PENSIONERS UNION COOPERATIVE WELFARE SOCIETY LTD R. 1448, PUTHUR P.O, THRISSUR DISTRICT, PIN - 680 014 REPRESENTED BY ITS SECRETARY

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BY ADVS. BINOY DAVIS REJI GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).13735/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) Nos.13735 & 29438 of 2021 and 5565 & 3434 of 2022

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Dated this the 09^th day of April, 2024

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JUDGMENT

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All these writ petitions are connected and

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therefore, I am disposing of these writ petitions by a

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common order.

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The main grievance of the petitioner is that

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the contesting respondent namely Ollurkara Block

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Kerala State Service Pensioners Union Co-operative

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Welfare Society is conducting a Supermarket without

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valid permit and there is illegal construction made by

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the society. The petitioner is the owner of the

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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premises, which was given on lease to the Society. The

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petitioner approached the Joint Registrar to take action against the Society and also approached the Electricity Board to disconnect the supply to the

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Society’s premises.

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A reading of the prayers in these writ

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petitions itself would show that, in effect the attempt of

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the petitioner is to evict the Society from his building.

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Already orders are passed by the Grama Panchayath

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against unauthorized construction. In such

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circumstances, the Panchayath will do the needful, in

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accordance with law. Now, the learned counsel appearing for the Society submitted that the

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proceedings under Section 14 of the SURFAESI Act is

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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already initiated by the Bank and a symbolic

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possession of the property is taken by the Bank. If

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that be the case, the prayers in these writ petitions

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need not be considered by this Court, at this stage. If

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the proceedings under the SURFAESI Act is lifted, the Panchayath will take necessary steps to implement the orders passed to remove the illegal construction, if the same became final. All the contentions of the petitioner and the respondents in these writ petitions

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are left open.

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With the above observation, these writ petitions

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are disposed of.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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nvj

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¶126

WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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APPENDIX OF WP(C) 3434/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED 02.03.2018 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE DEMOLITION NOTICE NO.A3/6978/20 DATED 29.03.2021 ISSUED BY THE SECRETARY OF PUTHUR GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE LETTER DATED 18.01.2021 ISSUED BY THE ELECTRICAL INSPECTOR, THRISSUR TO THE PETITIONER.

¶130

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 30.03.2021 FILED BY THE PETITIONER BEFORE THE ASSISTANT EXECUTIVE ENGINEER DATED 30.03.2021 Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER DATED 15.04.2021

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Exhibit P6 TRUE COPY OF THE NOTICE DATED 30.12.2021 ISSUED BY THE PANCHAYATH TO THE PETITIONER.

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Exhibit P7 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE PANCHAYATH COMMITTEE DATED 14.01.2021.

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RESPONDENT ANNEXURES

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Annexure -R1(a) A copy of provisional order dated . 18/1/21 issued by the Secretary Puthur Grama Panchayat

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Annexure -R1(b) A copy of the order dated 30/12/21 issued by

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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the Secretary, Puthur Grama Panchayat Annexure -R1(c) . A copy of Decision No. 6/1 dated 8/2/22 of the Panchayat Committee of the Puthur Grama Panchayat

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¶139

¶140

WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

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APPENDIX OF WP(C) 5565/2022

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE RECEIPT DATED 12.4.2021 FOR .PAYMENT OF LAND TAX Exhibit P2 THE TRUE COPY OF THE BUILDING PERMITS OBTAINED BY THE PETITIONER FOR THE CONSTRUCTION OF COMMERCIAL BUILDING. Exhibit P3 THE TRUE COPY OF THE REGISTERED LEASE AGREEMENT EXECUTED BY THE PETITIONER IN FAVOUR OF THE 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE MEDIATION AGREEMENT DATED 10.8.2020 SUBMITTED BEFORE THE MUNSIFF COURT, THRISSUR BY THE PETITIONER Exhibit P5 THE TRUE COPY OF THE ADDITIONAL AGREEMENT DATED 10.8.2020 EXECUTED BETWEEN PETITIONER AND 2ND RESPONDENT. Exhibit P6 THE TRUE COPY OF THE NOC DATED 11.1.2021. Exhibit P7 THE TRUE COPY OF THE ORDER DATED 18.1.2021 RECEIVED BY THE PETITIONER Exhibit P8 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER WITH THE 1ST RESPONDENT Exhibit P9 THE TRUE COPY OF THE ORDER DATED 29.3.2021 RECEIVED BY THE PETITIONER Exhibit P10 THE TRUE COPY OF THE ORDER DATED 14.9.2021 IN I.A.2/2021 IN O.S.NO.814/2021

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

¶145

¶146

ISSUED BY THE ADDL.MUNSIFF COURT, THRISSUR. Exhibit P11 THE TRUE COPY OF THE ORDER DATED 30.12.2021. Exhibit P12 THE TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER.

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WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

¶148

¶149

APPENDIX OF WP(C) 29438/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED 02-03-2018 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE DEMOLITION NOTICE NO. A3/6978/20 DATED 29-03-2021 ISSUED BY THE SECRETARY OF PUTHUR GRAMAPANCHAYATH Exhibit P3 TRUE COPY OF THE LETTER DATED 18-012021 ISSUED BY THE ELECTRICAL INSPECTOR, THRISSUR TO THE PETITIONER. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 30-03-2021 FILED BY THE PETITIONER BEFORE THE ASSISTANT EXECUTIVE ENGINEER DATED 30-03-2021 Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER DATED 15-04-2021

¶152

¶153

WP(C) NOS. 13735 & 29438 OF 2021 AND 5565 & 3434 OF 2022

¶154

APPENDIX OF WP(C) 13735/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE LEASE AGREEMENT DATED 02.03.2018 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT.

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Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 29.03.2021 ISSUED BY THE SECRETARY OF PUTHUR GRAMAPANCHAYATH.

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Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE SECRETARY OF THE 2ND RESPONDENT SOCIETY DATED 11.01.2021.

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Exhibit P4 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 22.06.2021 TO THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES.

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Exhibit P5 THE TRUE COPY OF THE COMMUNICATION LETTER DATED 8.2.2023 RECEIVED BY THE PETITIONER

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RESPONDENT ANNEXURES

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Annexure -R3(b) A copy of the order dated 30/12/21 issued by the Secretary, Puthur Grama Panchayat

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Annexure- R3( a) . A copy of provisional order dated . 18/1/21 issued by the Secretary Puthur Grama Panchayat

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Annexure- R3(c) A copy of Decision No. 6/1 dated 8/2/22 of the Panchayat Committee of the Puthur Grama Panchayat

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Annexure -R3(d) A copy of the order dated 3/10/23 issued by the Secretary, Puthur Grama Panchayat

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//TRUE COPY//

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PA TO JUDGE

Smitha T.S v. Puthur Grama Panchayat

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Smitha T.S v. Puthur Grama Panchayat

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