Kerala High Court
M/S. Adani Vizhinjam Port Pvt. Ltd vs State Of Kerala on 24 January, 2025
1
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO.25830 OF 2010
PETITIONER:
1 CHITHARANJAN, AGED 83 YEARS, REISIDING AT MAHIMA,
NO.XI/2100, KAMALA NAGAR, KOWDIAR, THIRUVANANTHAPURAM.
2 DARSHAN, AGED 52 YEARS,
SON OF LATE CHITTARANJAN, AGED 52 YEARS, EMPLOYED AS
GROUP CAPTAIN, HQSAC, AIR FORCE, THIRUVANANTHAPURAM -
695001, RESIDING AT 'MAHIMA' NO XI/2100, KAMALA NAGAR,
KOWDIAR, THIRUVANANTHAPURAM - 695003.
(ADDITIONAL P2 IS IMPLEADED AS PER ORDER DATED
09/08/2024 IN IA 1/2022 IN WP(C)25830/2010)
BY ADVS.
SRI.R.S.KALKURA
SRI.M.AJAY IRUMPANAM
SRI.HARISH GOPINATH
SRI.M.S.KALESH
SRI.V.VINAY MENON
R.BINDU
SILPA S.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-01.
2 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-01.
ADDL.R3 M/S.ADANI VIZHINJAM PORT PVT.LTD.,
HAVING ITS REGISTERED OFFICE AT ADANI HOUSE,
2
W.P(C) No.25830 of 2010 2025:KER:5422
NR.MITHAKHALI SIX ROADS, NAVARANGPURA, AHMEDABAD,
GUJARAT - 380009 AND HAVING ITS BRANCH OFFICE AT 2ND
FLOOR, VIPANCHIKA TOWERS, THYCAUD, THIRUVANANTHAPURAM,
REPRESENTED BY CHIEF EXECUTIVE OFFICER.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 24.01.2025 IN
I.A.NO.2 OF 2020)
BY SRI.JAFFARKHAN Y, SENIOR GOVERNMENT PLEADER
ROSHEN.D.ALEXANDER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2024,
ALONG WITH WP(C).2294/2022, 22338/2018 AND CONNECTED CASES, THE COURT
ON 24.01.2025 DELIVERED THE FOLLOWING:
3
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 2294 OF 2022
PETITIONER:
M/S. ADANI VIZHINJAM PORT PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT ADANI CORPORATE HOUSE,
SHANTIGRAM, NR.VAISHNO DEVI CIRCLE, S.G.HIGHWAY
AHMEDABAD, GUJARAT - 382421 AND HAVING ITS BRANCH OFFICE
AT CITY OFFICE, 3RD FLOOR, ASPINWALL HOUSE,
KURAVANKONAM, THIRUVANANTHAPURAM -695 003,
REPRESENTED BY ITS MD & CEO SRI. RAJESH KUMAR JHA.,
PIN - 695003.
BY ADVS.
ROSHEN.D.ALEXANDER
TINA ALEX THOMAS
HARIMOHAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF PORTS AND FISHERIES, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF MINING AND GEOLOGY,
DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O.,
THIRUVANANTHAPURAM -695 004.
3 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT
OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 004.
4 THE DISTRICT COLLECTOR, COLLECTORATE,
THIRUVANANTHAPURAM - 695 004.
BY SENIOR GOVERNMENT PLEADER, SRI.JAFFARKHAN Y.
4
W.P(C) No.25830 of 2010 2025:KER:5422
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2024,
ALONG WITH WP(C).25830/2010 AND CONNECTED CASES, THE COURT ON
24.01.2025 DELIVERED THE FOLLOWING:
5
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 22338 OF 2018
PETITIONERS:
1 RANJITH, AGED 70 YEARS,
S/O.LATE SADASIVAN, RESIDING AT PADMAGIRI,
POTHUJANAM LANE, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.
2 GEETHA, AGED 68 YEARS,
D/O.SUJATHA, RESIDING AT PADMAGIRI, POTHUJANAM LANE,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
3 SUDHA, AGED 64 YEARS,
D/O.SUJATHA, RESIDING AT PADMAGIRI,
POTHUJANAM LANE, MEDICAL COLLEGE P O,
THIRUVANANTHAPURAM.
4 LATHA, AGED 60 YEARS,
D/O.SUJATHA, RESIDING AT PADMAGIRI,
POTHUJANAM LANE,MEDICAL COLLEGE P O,
THIRUVANANTHAPURAM.
5 DEEPAK MOHAN, S/O.MOHANACHANDRAN, AGED 45 YEARS,
RESIDING AT PADMAGIRI, POTHUJANAM LANE,
MEDICAL COLLEGE P O, THIRUVANANTHAPURAM.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PINCODE-695001.
2 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM-695043.
6
W.P(C) No.25830 of 2010 2025:KER:5422
3 SUB COLLECTOR, THIRUVANANTHAPURAM,
CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695043.
4 VILLAGE OFFICER, NAGAROOR VILLAGE OFFICE,
NAGAROOR, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695601.
5 VIGILANCE AND ANTI CORRUPTION BUREAU,
SPECIAL INVESTIGATION UNIT-II, KUNCHALUMOODU,
THIRUVANANTHAPURAM-695002.
ADDL.R6 M/S.ADANI VIZHINJAM PORT PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT ADANI HOUSE,
NR.MITHAKHALI SIX ROADS, NAVARANGPURA, AHMEDABAD,
GUJARAT-380009 AND HAVING ITS BRANCH OFFICE AT 2ND
FLOOR, VIPANJIKA TOWERS, THYCAUD, THIRUVANANTHAPURAM.
(ADDL.R6 IMPLEADED AS PER ORDER DATED 05/10/2018 IN
IA.01/2018)
BY SENIOR GOVERNMENT PLEADER, SRI.JAFFARKHAN Y.
ROSHEN.D.ALEXANDER
SMT.TINA ALEX THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2024,
ALONG WITH WP(C).25830/2010 AND CONNECTED CASES, THE COURT ON
24.01.2025 DELIVERED THE FOLLOWING:
7
W.P(C) No.25830 of 2010 2025:KER:5422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 30260 OF 2010
PETITIONERS:
1 S.RANJITH, PARVATHY BHAVAN, PLAMOODU,
PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 GEETHA SADASIVAN, PADMAGIRI,
KUMARAPURAM, THIRUVANANTHAPURAM - 11.
3 SUDHA SADASIVAN, PADMAGIRI
KUMARAPURAM, THIRUVANANTHAPURAM-11.
4 LATHA SADASIVAN, PADMAGIRI
KUMARAPURAM, THIRUVANANTHAPURAM-11.
5 DR.DEEPAK MOHAN, REPRESENTED BY THE
POWER OF ATTORNEY HOLDER HIS MOTHER DR.USHA MOHANA,
CHANDRAN, RESIDING AT PADMAGIRI, KUMARAPURAM,
THIRUVANANTHAPURAM-11.
ADDL.P6 JANAKI RANJITH, AGED 35 YEARS,
DAUGHTER OF LATE MR. S RANJITH, T.C 12/200,
PARVATHY BHAVAN, PLAMOOD, PATTOM P.O,
THIRUVANANTHAPURAM.
(ADDL.P6 IS IMPLEADED AS PER ORDER DATED 09.08.2024 IN
I.A.NO.4/2024 IN W.P(C) NO.30260 OF 2010)
BY ADVS.
SRI.ANIL S.RAJ
SRI.G.ARUN GOPAN
SRI.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SMT.K.N.RAJANI
SMT.C.PRABITHA
SRI.SAJEN THAMPAN
8
W.P(C) No.25830 of 2010 2025:KER:5422
SIMI S. ALI
ARSHID.M.S.
BAHADUR SHAH ANAKKOT NASIRALI
RESPONDENTS:
1 DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-695001.
2 SENIOR SUPERINTENDENT,
INVESTIGATION WING, COLLECTORATE,
THIRUVANANTHAPURAM-695001.
ADDL.R3 M/S. ADANI VIZHINJAM PORT PVT.LTD
HAVING REGISTERED OFFICE AT ADANI HOUSE,
NR.MITHAKHALI SIX ROADS, NAVARANGPURA, AHMEDABAD,
GUJARAT-380009, AND HAVING ITS BRANCH OFFICE AT 2ND
FLOOR, VIPANCHIKA TOWERS, THYCAUD, THIRUVANANTHAPURAM.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05/11/2018 IN
IA.NO.01/2018)
ADDL.R4 MRS.PARVATHY RANJITH, AGED 41 YEARS,
DAUGHTER OF LATE MR. S RANJITH, T.C 12/200,
PARVATHY BHAVAN, PLAMOOD, PATTOM P.O,
THIRUVANANTHAPURAM.
(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 9.8.2024 IN
I.A.NO.4 OF 2024 IN WP(C) NO.30260/2010)
BY SRI.JAFFAR KHAN Y, SENIOR GOVERNMENT PLEADER
ROSHEN.D.ALEXANDER
SMT.TINA ALEX THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2024,
ALONG WITH WP(C).25830/2010 AND CONNECTED CASES, THE COURT ON
24.01.2025 DELIVERED THE FOLLOWING:
9
W.P(C) No.25830 of 2010 2025:KER:5422
JUDGMENT
[WP(C) Nos.25830/2010, 2294/2022, 22338/2018
and 30260/2010]
These connected writ petitions are with reference to the
disputes over certain properties in Nagaroor village,
Chirayinkeezhu Taluk.
2. W.P(C) No.30260 of 2010 is filed by the petitioners
therein with respect to 5.12.35 Hectares of land comprised in
Re-Survey No. 554/6, which devolved on them pursuant to
Exts.P1 and P4. The petitioners contend that tax was being
remitted with reference to the afore properties till such time
some objections were raised. They contend that the objections
raised were essentially pursuant to a mistake in showing the
properties as “sarkar tharisu” upon Re-survey. Therefore, they
submitted appropriate applications for rectifying the afore,
which was settled by the Survey Adalat and consequential
orders were issued as seen from Ext.P9. They further point out
10
W.P(C) No.25830 of 2010 2025:KER:5422
that on the basis of Ext.P9, tax was being accepted from them.
However, Ext.P10 notice was issued by the District Collector as
if the order at Ext.P9 was mistakenly issued. They say that the
District Collector later issued Ext.P12 dated 24.06.2010 without
having any regard to the objections filed, by canceling the
proceedings at Ext.P9. They have, therefore, instituted the
captioned writ petition challenging Ext.P12 order of the District
Collector relying on Ext.P13 decree of the civil court to show
possession of the properties.
2.1. The 1st respondent has filed a counter affidavit
pointing out that the properties covered by Re-survey No.554/6
correspond to old Survey No.2211. In the settlement register,
the property is described as “Government Tharisu” and hence,
in the absence of an assignment under the Kerala Land
Assignment Act, 1960 and the Rules framed thereunder, the
case of the petitioners may not be accepted merely on the basis
of Exts.P1 to P4.
11
W.P(C) No.25830 of 2010 2025:KER:5422
2.2. The petitioners have filed a reply affidavit mainly
contending that as per Ext.P15 Puramboke Register, the entire
properties in Survey No.2211 are not “Government Tharisu”
also producing Ext.P16 series to Ext.P18 series tax receipts
issued by the Village Officer to support the afore contention.
2.3. The 1st respondent has filed an additional counter
affidavit, producing the settlement register in support of his
contention and also placing reliance on some FIR filed by the
Vigilance and Anti-corruption Bureau alleging the creation of
fraudulent documents at the instances of some of the
petitioners. He has also produced Form No.7 prepared by the
Survey Authority under the Kerala Survey and Boundaries
Rules, 1964 as Ext.R1(d) to contend that survey numbers as
per Exts.P1 to P4 do not tally with the case set up by the
petitioners.
2.4. The petitioners have filed a reply affidavit to the above
counter affidavit refuting the stand taken as above. During the
pendency of the writ petition, the additional 3rd respondent was
12W.P(C) No.25830 of 2010 2025:KER:5422
impleaded pursuant to the order dated 05.11.2018 since they
contended that they had been entrusted with the infrastructure
project of “Vizhinjam Seaport Project” by the Government of
Kerala, that when the requirement of large quantities of rock
was pointed out, the Government permitted them by issuing
appropriate orders to conduct quarrying operations in various
properties including the one covered by Re-survey No.554/6
and hence they are interested parties. After the impleadment
as above, the additional 3rd respondent has also filed a counter
affidavit refuting the claim made by the petitioners.
3. The same petitioners have filed W.P(C) No.22338 of
2018, repeating the factual and legal position raised in W.P(C)
No.30260 of 2010 and seeking appropriate directions to the
respondents to accept land tax with respect to the properties.
4. W.P(C) No.25830 of 2010 is filed by the petitioner,
contending that he is in absolute possession and enjoyment of
1.73.60 Hectares of property in old Survey Nos.2211/33 and
2213/45, currently falling under Re-survey No.554/5 of
13W.P(C) No.25830 of 2010 2025:KER:5422
Nagaroor Village Chirayinkeezhu Taluk, and assailing the order
dated 24.06.2010 issued by the District Collector (produced as
Ext.P12 in W.P(C) No.30260 of 2010), by which, the decision
taken by the survey Adalat stood canceled.
5. W.P(C) No.2294 of 2022 is filed by the additional 3rd
respondent in W.P(C) No.30260 of 2010, pointing out to the
entrustment of the project as noticed earlier by the
Government, the requirement of rock for executing the work,
permission granted by the Government to extract rock from the
properties in question and hence, seeking appropriate directions
to consider their application for quarrying activities. This Court,
on 07.02.2022, had directed the 4th respondent-District
Collector to reconsider the request filed by the petitioner. It is
further pointed out that pursuant to the afore directions, the
petitioner in this writ petition is permitted to extract rock from
the properties in question and they are continuing to do so.
6. I have heard Sri.Anil S. Raj, the learned counsel for the
petitioners in W.P(C) Nos.30260 of 2010 and 22338 of 2018,
14W.P(C) No.25830 of 2010 2025:KER:5422
Sri.Harish Gopinath, the learned counsel for the petitioner in
W.P(C) No.25830 of 2010, Sri.Roshen D. Alexander, the learned
counsel for the petitioner in W.P(C) No.2294 of 2022 and the 3rd
respondent in W.P(C) No.30260 of 2010 and Sri.Jaffar Khan, the
leaned Government Pleader for the official respondents.
7. The dispute in these writ petitions is essentially with
respect to the findings contained in the order passed by the
District Collector dated 24.06.2010 referred to above, produced
as Ext.P12 in W.P(C) No.30260 of 2010 and Ext.P10 in W.P(C)
No.25830 of 2010. The District Collector came to issue the said
order with reference to the earlier order issued by the Assistant
Director of Re-survey as regards certain properties which were
claimed by the respective petitioners and included as
Government Tharisu after Re-survey. The Assistant Director of
Re-survey, while issuing the said order, has not seen referred
to, or perused the title deeds and the prior documents with
respect to the properties in question. The properties in
question, according to the parties, fall under Re-survey
15W.P(C) No.25830 of 2010 2025:KER:5422
No.554/6 as regards the petitioners in W.P(C) No.30260 of 2010
and Re-survey No.554/5 as regards W.P(C) No.25830 of 2010.
The respective petitioners admit that the afore properties fell
under the old Survey No.2211. The petitioners in W.P(C)
No.30260 of 2010 have relied on Exts.P1 to P4 documents in
support of the title enjoyed by them. The afore properties fell
under various sub-divisions of old Survey No.2211. In
Ext.R1(a) Settlement Register, the properties covered by old
Survey No.2211 of Chirayinkeezhu Taluk, having an extent of
107.80 Acres, are described as Puramboke. In the State of
Travancore, the properties were falling under “Sirkar” or “Jenm”.
With respect to Sirkar, the Government was the land owner. It
is only when the property was held under “Jenm”, the properties
can be declared to be held independent of the Government. In
the settlement register at Ext.R1(a), there is no dispute that the
entire properties under old Survey No.2211 having an extent in
excess of 107 Acres are shown as “puramboke”.
16
W.P(C) No.25830 of 2010 2025:KER:5422
8. This Court also notices that pursuant to the orders
passed on 19.09.2022, an attempt was made to survey and
identify the respective properties of the petitioners and the
Government. On the basis of the above direction, a report of
the District Collector is placed on record along with a memo
dated 30.05.2023. The afore report has traced the alleged title
of the petitioners and with respect to the petitioners in W.P(C)
No.30260 of 2010, has found that ultimately the prior document
is traceable to a document of the year 1940, which in turn was
pursuant to a judgment and decree of the Munsiff Court,
Attingal. However, the document was not produced by the
petitioners. As regards the petitioner in W.P(C) No.25830 of
2010 also, the title is traceable to some documents of the
Attingal Sub Registry of the years 1959, 1957 and 1961. But
it is categorically found that even in these documents, there is
no mention as to the receipt of pattayam with respect to the
property in question.
17
W.P(C) No.25830 of 2010 2025:KER:5422
9. Furthermore, this Court notices that the Government
has produced the prior documents as regards the petitioner in
W.P(C) No.25830 of 2010 along with a memo dated 13.11.2024.
A reference to the said document – partition deed No.460 of 64
– shows that the property in Survey No.2211 is recorded as
“Puduval” land. In this connection, reference requires to be
made to the Puduval Rules framed under Section 7 of the
Government Land Assignment Regulation, III of 1097. Puduval
lands can be disposed of only in accordance with the afore
Rules. In other words, insofar as the property is described as
Puduval land, the same is required to be assigned as provided
under Rule 13 of the Puduval Rules. The prior deeds in support
of the case set up by the petitioners do not disclose the
existence of any such assignment with respect to the properties
in question.
10. As regards the claim of the petitioners in W.P(C)
No.30260 of 2010, this Court notices that the petitioners have
attempted to trace the title of the properties in question to the
18
W.P(C) No.25830 of 2010 2025:KER:5422
decree of the Principal Sub Court, Attingal which was later
purchased by one Neelakanda Pillai as per sale deed No.2099 of
1940. The learned Government Pleader has produced the afore-
sale deed along with a memo dated 29.10.2020. The said
documents also show that the property in question is ‘Puduval’
land and therefore, the requirement of an assignment is
essential. But as in the connected case, here also the
petitioners have no case that the documents relied on by them
show that the property was covered by an assignment to
support their case.
11. On the whole, the dispute in these writ petitions has
to be considered with reference to the description of the
properties falling under old survey No.2211 in the settlement
register. As already noticed, the settlement register describes
the property as “Puramboke”. The petitioners, it is true, have
contended that the survey numbers as per Exts.P1 to P4 are not
seen described as “Tharisu” in the BTR at Ext.R1(b) and Form
No.7 prepared by the Survey Authority at Ext.R1(d). But as
19
W.P(C) No.25830 of 2010 2025:KER:5422
already noticed, the prior documents produced by the Senior
Government Pleader, along with the memo as noted earlier,
strike at the root of the contentions raised by the petitioners.
In view of the discussions made above, I am of the opinion that
the contentions raised by the learned Senior Government
Pleader with respect to the malpractices committed, cannot be
brushed aside.
12. This Court further notices that the impugned order of
the District Collector came to be issued so as to correct the
illegality committed while issuing Ext.P9 by the Assistant
Director, Re-survey. Ext.P9 was issued on the basis of a
complaint filed pointing out certain mistakes in Re-survey. The
Kerala Survey and Boundaries Act, 1961 (for short, the ‘Act’), is
a consolidated enactment in relation to the law relating to the
survey of lands and settlement of boundary disputes. Once the
survey is completed, the remedy available to the petitioners, if
any, was not to seek correction before the Assistant Director,
Re-survey, who had no such power. Instead, they ought to have
20
W.P(C) No.25830 of 2010 2025:KER:5422
proceeded to file an appeal under Section 11 of the Act before
the authority concerned. Insofar as that is not done, the
petitioners cannot challenge the findings in Ext.P12.
13. The learned counsel for the petitioners had relied on
various judgments in support of their contention. He relied on
the judgment of the Apex Court in Bishan Das and Ors. v. The
State of Punjab and Ors. [AIR 1961 SC 1570]. The Apex
Court, in the afore judgment, found that the State, by executive
orders, deprived possession of the property vested, which was
incorrect and arbitrary. Here, the position is quite the opposite.
The District Collector was only exercising his power to set right
a mistake committed by the authority while issuing Ext.P9.
Therefore, the principles laid down in the afore judgment may
not apply to the case at hand. The learned counsel further relied
on Shri.Bhimsehwara Swami Varu Temple v. Pedapudi
Krishna Murthi and Others [AIR 1973 SC 1299] to contend
that on account of the entries in revenue records as pointed out
by them they were entitled to succeed. However, I notice that
21
W.P(C) No.25830 of 2010 2025:KER:5422
the entry with respect to the Settlement Register is to be
considered at first, which admittedly is against the petitioner.
The case of the State is that some foul play is carried out
subsequently at the instance of those interested and therefore,
the subsequent entries cannot be acted upon. He further relied
on the Government of Andhra Pradesh v. Thummala
Krishna Rao and Anr. [(1982) 2 SCC 134] and State of
Rajasthan v. Padmavati Devi (Smt)(Dead) by LRs. and
Ors. [1995 Supp (2) SCC 290], in support of the contention
that in cases of the present nature, the remedy of the State lies
elsewhere. However, as already noticed, the District Collector
issued the impugned order to set right an illegality in Ext.P9 and
that cannot be said to be incorrect. Therefore, the afore
decisions would not apply to the facts of the present case. The
petitioners relied on Prem Singh and Ors. v. Birbal and Ors.
[(2006) 5 SCC 353] to support the contention regarding the
presumption in favour of the title deeds. However, as already
noticed, the prior documents were not produced and hence, the
22
W.P(C) No.25830 of 2010 2025:KER:5422
findings in Ext.P12 cannot be said to be incorrect. The learned
counsel would rely on Harrisons Malayalam Limited v. State
of Kerala [2018 (2) KLT 369] to contend that the State has
to establish its title through the civil court. In my opinion, the
said issue does not arise for consideration in this case since the
orders issued by the District Collector canceling earlier
proceedings of the Assistant Director, Re-survey are being
challenged in these cases. Therefore, the sustainability or
otherwise of those proceedings alone arises for consideration in
these cases.
14. On the other hand, the learned Government Pleader
relied on Vallikunnil Janaki Amma and Ors. v. Sree
Amruthamangalam Kshethram Moorthi, Kozhikode and
Anr. [2014 (1) KHC 57], which laid down the principle with
respect to the acceptability/relevance of the Settlement
Register. As already noticed, I have found that the Settlement
Register describes the property under old Survey No.2211 as
“Puramboke”. To the same effect is the judgment of a learned
23
W.P(C) No.25830 of 2010 2025:KER:5422
Single Judge in WP(C) No.20520 of 2021 dated 11.10.2021.
This Court further notices the judgment of the Apex Court in
Suraj Bhan and Ors. v. Financial Commissioner and Ors.
[(2007) 6 SCC 186] which held that mere entry in the revenue
records does not confer title on a person. As already noticed,
in view of the entries in the Settlement Register, the
requirement of an appropriate assignment cannot be lost sight
of.
15. On the whole, I am of the opinion that the petitioners
in W.P(C) Nos.30260 of 2010, 22338 of 2018 and 25830 of 2010
are not entitled to any of the reliefs as prayed for in these writ
petitions. Resultantly, the afore writ petitions would stand
dismissed.
16. As regards W.P(C) No.2294 of 2022, the petitioner has
challenged Ext.P11 issued by the District Collector, referring to
the pendency of W.P(C) No.30260 of 2010 and hence, deciding
to defer the process of issuing quarry licence to the petitioner
as regards the properties in Re-survey Nos.554/1, 5 and 6 of
24
W.P(C) No.25830 of 2010 2025:KER:5422
Nagaroor Village. In view of the dismissal of W.P(C) No.30260
of 2010 as above, Ext.P11 issued by the District Collector in this
writ petition would stand set aside. The District Collector to
proceed in accordance with law in view of the above.
Sd/-
ln
25
W.P(C) No.25830 of 2010 2025:KER:5422
APPENDIX OF WP(C)NO.2294/2022
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF MINUTES OF MEETING DTD.
03.07.2018 WHICH WAS COMMUNICATED TO THE
DISTRICT COLLECTOR, KOLLAM VIDE COMMUNICATION
DTD. 05.07.2018.
EXHIBIT P2 TRUE COPY OF NOC BEARING NO. B7-17779/18 DTD.
20.07.2018.
EXHIBIT3 TRUE COPY OF LOI BEARING NO.12118/M3/2108
DTD. 23.11.2018.
EXHIBIT P4 TRUE COPY OF THE MINING PLAN APPROVAL ORDER
BEARING NO. 2304/DOT/ML/18 DTD. 14.01.2019
ISSUED BY THE DEPARTMENT OF MINING AND
GEOLOGY.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT SLIP FOR EC
APPLICATION.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DTD. 15.11.2021 IN
W.P.(C) NO. 11175/2021.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION BEARING NO.
AVPPL/GOK/2021-22/1773 DTD. 25.11.2021.
EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER BEARING
NO. REV-P2/284/2021-REV DTD. 28.12.2021.
EXHIBIT P9 TRUE COPY OF REPRESENTATION WITH REFERENCE
NO. AVPPL/GOK/2021-22/187 DTD. 29.12.2021.
EXHIBIT P10 TRUE COPY OF ORDER RENEWING NOC’S BEARING NO.
14936/2018 DTD. 06.01.2022.
EXHIBIT P11 TRUE COPY OF LETTER BEARING NO. B7-17779/2018
DTD. 24.04.2020.
EXHIBIT P12 TRUE COPY OF EXT.P12 IN W.P.(C) NO.
30260/2010.
26
W.P(C) No.25830 of 2010 2025:KER:5422
EXHIBIT P13 TRUE COPY OF ORDER DTD. 01.10.2010 IN W.P(C)
NO.30260/2010.
EXHIBIT P14 TRUE COPY OF ORDER DTD. 01.12.2010 IN W.P (C)
NO. 30260/2010 EXTENDING THE STAY UNTIL
FURTHER ORDERS.
EXHIBIT P15 TRUE COPY OF COPY OF THE COUNTER AFFIDAVIT
DTD. 06.07.2020 IN WP (C) NO. 30260/2010
FILED ON BEHALF OF THE DISTRICT COLLECTOR.
EXHIBIT P16 TRUE COPY OF REPLY SENT BY THE PETITIONER
BEARING NO. AVPPL/GOK/2020-21/1453 DTD.
16.01.2021.
EXHIBIT P17 TRUE COPY OF THE CASE STATUS AND DETAILS
DOWNLOADED FROM THE WEBSITE OF THE HON’BLE
HIGH COURT OF KERALA NAMELY
HTTPS://HCKINFO.KERALA.GOV.IN.
EXHIBIT P18 TRUE COPY OF EXTRACT OF ARTICLE 6 AS WELL AS
ARTICLE 49 PROVIDED IN THE CONCESSION
AGREEMENT DTD. 17.08.2015 BETWEEN PETITIONER
AND THE 1ST RESPONDENT.
27
W.P(C) No.25830 of 2010 2025:KER:5422
APPENDIX OF WP(C) 22338/2018
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 28-8-2014.
EXHIBIT P2 TRUE COPY OF THE WILL DEED
NO.13/L/III.36/2002 OF ATTINGAL SRO.
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 27/3/2012
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC
NO.32653/2014 DATED 21/1/2015.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30/3/2015 OF THE
SUB COLLECTOR, THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF THE QUICK VERIFICATION REPORT
SUBMITTED BY THE DEPUTY SUPERINTENDENT OF
POLICE, VIGILANCE AND ANTI CURRUPTION BUREACU
SPECIAL INVESTIGATION UNIT,
THIRUVANANTHAPURAM DATED NIL.
RESPONDENTS’ EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 3.7.2018EXHIBIT R6(B) TRUE COPY OF A SURVEY MAP OF RE-SURVEY
NOS.554/1,5 AND 6 ALONG WITH 555/2 AND 555/8
OF BLOCK NO-37 OF NAGAROOR VILLAGE FOR THE
PROPOSED QUARRY FOR WHICH AVPPL HAS BEEN
GIVEN NOC.
EXHIBIT R6(C) TRUE COPY OF FIR IN CR NO.3/2018/SIU-II.
28
W.P(C) No.25830 of 2010 2025:KER:5422
APPENDIX OF WP(C) 30260/2010
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.5478/1958
EXECUTED BY SREEDHARAN NAIR AND KUTTAPPAN
NAIR IN FAVOUR OF NARAYANAN PEETHAMBARAM
DATED 16.11.1958.
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.1639/1991
EXECUTED BY THE PANKAJAKSHI IN FAVOUR THE
PETITIONERS DATED 16.12.1991.
EXHIBIT P3 TRUE COPY OF THE DOCUMENT NO.96 DATED
06.01.1962 ON THE FILE OF THE SUB REGISTRAR’S
OFFICE, ATTINGAL.
EXHIBIT P4 TRUE COPY OF THE SETTLEMENT DEED NO.3058/1963
TRANSFERRED BY NARAYANAN PEETHAMBARAN IN
FAVOUR OF PANKAJAKSHI DATED 29.08.1963.
EXHIBIT P5 TRUE COPY OF THE PART B OF FORM NO.3 NOTICE
ISSUED BY LAND BOARD TO LATE SADASIVAN.
EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT FOR A SUM OF
RS.4,104/- DATED 05.06.2002.
EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2005 – 2006 IN FAVOUR OF PETITIONERS.
EXHIBIT P8 TRUE COPY OF THE RECEIPT ISSUED BY KERALA
AGRICULTURE LABOURERS WELFARE FUND, THRISSUR
DATED 22.01.2006.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.D2/2267/2003/D.DIS
OF THE RE-SURVEY ASSISTANT DIRECTOR DATED
16.10.2004.
EXHIBIT P10 TRUE COPY OF THE NOTICE NO.B15-43009/07
ISSUED ON BEHALF OF THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P11 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONERS TO THE 1ST RESPONDENT.
29
W.P(C) No.25830 of 2010 2025:KER:5422
EXHIBIT P12 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT
DATED 24.06.2010.
EXHIBIT P13 TRUE COPY OF THE DECREE IN O.S.NO.220/2002 ON
THE FILE OF THE MUNSIFF’S COURT, ATTINGAL
DATED 30.08.2008.
EXHIBIT P14 TRUE COPY OF THE APPEAL MEMORANDUM IN
A.S.NO.31/2009 BEFORE THE SUB COURT, ATTINGAL
DATED 06.03.2009.
EXHIBIT P15 TRUE COPY OF RELEVANT PAGES COVERING
PROPERTIES LYING IN SY.NO:2097 TO 2296 DATED
NIL
EXHIBIT P16(A) TRUE COPY OF THE RECEIPT NO:78 DATED
03.07.1975 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SRI.PEETHAMBARAN FOR PROPERTIES
INCLUDING THOSE LYING IN SY.NO.2211/29, 30
AND 31
EXHIBIT P16(B) TRUE COPY OF THE RECEIPT NO: 38 DATED
04.02.1987 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SRI.PEETHAMBARAN FOR PROPERTIES
INCLUDING THOSE LYING IN SY.NO: 2211/29, 30
AND 31
EXHIBIT P16(C) TRUE COPY OF THE RECEIPT NO:105 DATED
23.1.1992 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SRI.PEETHAMABRAN FOR PROPERTIES
INCLUDING THOSE LYING IN SY.NO:2211/29, 30
AND 31
EXHIBIT P17 TRUE COPY OF BILL NO:180/75-76 DATED
26.08.1975 ISSUED BY THE EXECUTIVE OFFICER,
NAGAROOR PANCHAYATH TO SRI.PEETHAMBARAN ON
ACCOUNT OF PAYMENT OF LAND CESS FOR
PROPERTIES INCLUDING THOSE LYING IN SY.NO:
2211/29, 30 AND 31.
EXHIBIT P18(A) TRUE COPY OF THE RECEIPT NO:61 DATED
18.11.1973 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23,
35,36,37,47,54 AND 55.
30
W.P(C) No.25830 of 2010 2025:KER:5422
EXHIBIT P18(B) TRUE COPY OF THE RECEIPT NO:6 DATED
13.08.1974 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55.
EXHIBIT P18(C) TRUE COPY OF THE RECEIPT NO:2 DAETD
17.07.1976 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55
EXHIBIT P18(D) TRUE COPY OF THE RECEIPT NO:41 DATED
26.03.1980 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 356, 36, 37,
47, 54 AND 55
EXHIBIT P18(E) TRUE COPY OF THE RECEIPT NO:48 DATED
05.07.1980 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55.
EXHIBIT P18(F) TRUE COPY OF THE RECEIPT NO:73 DATED
03.02.1983 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55.
EXHIBIT P18(G): TRUE COPY OF THE RECEIPT NO:3 DATED
14.03.1984 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55.
EXHIBIT P18(H) TRUE COPY OF THE RECEIPT NO:45 DATED
06.02.1986 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55.
EXHIBIT P18(I) TRUE COPY OF THE RECEIPT NO:26 DATED
08.12.1987 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
31
W.P(C) No.25830 of 2010 2025:KER:5422
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55
EXHIBIT P18(J) TRUE COPY OF THE RECEIPT NO:53 DATED
24.04.1989 ISSUED BY THE VILLAGE OFFICE
NAGAROOR TO SMT.PANKAJASHY FOR PROPERTIES
COVERED LYING IN SY.NO:2211/23, 35, 36, 37,
47, 54 AND 55.
EXHIBIT P19 TRUE COPY OF BILL DATED 30.06.1976 ISSUED BY
THE EXECUTIVE OFFICER, NAGAROOR PANCHAYATH TO
SMT.PANKAJAKSHI ON ACCOUNT OF PAYMENT OF LAND
CESS FOR PROPERTIES LYING IN SY.NO:2211/23,
35, 36, 37, 47, 54 AND 55.
EXHIBIT P20 TRUE COPY OF BILL NO:44 DATED 09.08.1976
ISSUED BY THE EXECUTIVE OFFICER, NAGAROOR
PANCHAYATH TO SMT.PANKAJAKSHI ON ACCOUNT OF
PAYMENT OF LAND CESS FOR PROPERTIES COVERED
BY THANDAPER NO:2083.
EXHIBIT P21 TRUE COPY OF REPLY NO:40/16 30131/16 DATED
27.08.2016 FROM THE VILLAGE OFFICER, NAGAROOR
TO THE 1ST PETITIONER.
EXHIBIT P22(A) TRUE PHOTOCOPY OF FIELD SKETCH OF PROPERTIES
LYING IN SY.NO: 2211/23, 35, 36 AND 37 OF
NAGAROOR VILLAGE.
EXHIBIT P22(B) TRUE PHOTOCOPY OF FIELD SKETCH OF PROPERTIES
LYING IN SY.NO:2211/54, 55 AND 60 OF NAGRAOOR
VILLAGE.
EXHIBIT P22(C) TRUE PHOTOCOPY OF FIELD SKETCH OF PROPERTIES
LYING IN SY.NO:2211/29, 30 AND 31 OF NAGRAOOR
VILLAGE.
EXHIBIT P23 TRUE COPY OF SETTLEMENT DEED NO:1629/1991 OF
NAGAROOR SUB REGISTRY EXECUTED BY
SMT.PANKAJAKSHI IN FAVOUR OF PETITIONERS
DATED 16.12.1991
EXHIBIT P24 TRUE COPY OF SETTLEMENT DEED NO:1630/1991 OF
NAGAROOR SUB REGISTRY EXECUTED BY
SMT.PANKAJAKSHI IN FAVOUR OF PETITIONERS
DATED 16.12.1991.
32
W.P(C) No.25830 of 2010 2025:KER:5422
EXHIBIT P25 TRUE COPY OF SETTLEMENT DEED N:1640/1991 OF
NAGAROOR SUB REGISTRY EXECUTED BY
SMT.PANKAJAKSHI IN FAVOUR OF PETITIONERS
DATED 16.12.1991
EXHIBIT P26 TRUE COPY THE ACKNOWLEDGEMENT CARD BEARING
NO:551/2002 ISSUED ON BEHALF OF THE 1ST
RESPONDENT DATED 10.05.2002
EXHIBIT P27 TRUE COPY OF THE COMMUNICATION BEARING
NO:K3/5068/2002 OF THE ADDL.TAHSILDAR TO THE
1ST RESPONDENT WITH A COPY TO THE 1ST
PETITIONER DATED 15.05.2002.
EXHIBIT P28 TRUE PHOTOCOPY OF SURVEY SKETCH OF PROPERTIES
IN SY.NO:2211 OF NAGAROOR VILLAGE ISSUED BY
THE TECHNICAL ASSISTANT, CENTRAL SURVEY
OFFICE PURSUANT TO APPLICATION NO:2734/15
FILED THE 1ST PETITIONER.
EXHIBIT P29 TRUE COPY OF THE COPY OF VERIFICATION LAND
REGISTER OF RE-SURVEY NO.:555/2 ISSUED BY THE
TECHNICAL ASSISTANT, RE-SURVEY NEYYATINKARA
DATED 01.08.2017.
EXHIBIT P30 TRUE COPY OF THE COPY OF VERIFICATION LAND
REGISTER OF RE-SURVEY NO.:554/1 AND 2 ISSUED
BY THE TECHNICAL ASSISTANT, RE-SURVEY
NEYYATINKARA DATED 16.09.2017.
EXHIBIT P31 TRUE COPY OF THE SALE DEED NO.5478/1958
EXECUTED BY SREEDHARAN NAIR AND KUTTAPPAN
NAIR IN FAVOUR OF NARAYANAN PEETHAMBARAM
DATED 16.11.1958.
EXHIBIT P32 TRUE COPY OF THE SETTLEMENT DEED NO.1639/1991
EXECUTED BY PANKAJAKSHI IN FAVOUR THE
PETITIONERS DATED 16.12.1991.
EXHIBIT P41 TRUE COPY OF THE REPRESENTATION DATED
31.10.2023 SUBMITTED BY THE 5TH PETITIONER
THROUGH HIS POWER OF ATTORNEY TO THE
CHIRAYANKEEZHU TALUK ATTINGAL TAHSILDAR.
EXHIBIT P42 TRUE COPY OF THE REPLY BEARING NO 16861/06
33
W.P(C) No.25830 of 2010 2025:KER:5422
ISSUED BY THE TAHSILDAR, CHIRAYANKEEZHU DATED
5.12.2023 TO THE POWER OF ATTORNEY OF THE 5TH
PETITIONER.
RESPONDENTS’ EXHIBITS:
EXHIBIT R1(A) A TRUE COPY OF THE RELEVANT PAGES OF THE
SETTLEMENT REGISTER.
EXHIBIT R1(B) A TRUE COPY OF THE RELEVANT PAGES OF THE
BASIC TAX REGISTER PERTAINING TO THE
PROPERTY.
EXHIBIT R1(C) A TRUE COPY OF THE FIRST INFORMATION REPORT
NO.3/2018/SIU-II.
EXHIBIT R1(D): A TRUE COPY OF FORM NO.7 PREPARED BY THE
SURVEY AUTHORITY UNDER THE KERALA SURVEY AND
BOUNDARIES RULES, 1964.
EXHIBIT R3(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 03.07.2018EXHIBIT R3(B) TRUE COPY OF NOC BEARING NO.B7-17779/18 DATED
2017.2018.
EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 14.01.2019
APPROVING THE MINING PLAN SUBMITTED BY THIS
RESPONDENT.
EXHIBIT R3(D) TRUE COPY OF THE LOCATION SKETCH PERTAINING
TO RE-SURVEY NOS.554/1, 5 AND 6 OF NAGAROOR
VILLAGE.
EXHIBIT R3(E) TRUE COPY OF SURVEY MAP OF RE-SURVEY
NOS.554/1, 5 AND 6 OF BLOCK NO.37 OF NAGAROOR
VILLAGE FOR THE PROPOSED QUARRY FOR WHICH
AVPPL HAS BEEN GIVEN NOC.
EXHIBIT R3(F) TRUE COPY OF LETTER DATED 24.04.2020 ISSUED
ON BEHALF OF THE DISTRICT COLLECTOR.
EXHIBIT R3(G) TRUE COPY OF THE APPLICATION SUBMITTED BY THE
1ST PETITIONER HEREIN BEFORE THE DIRECTOR OF
34W.P(C) No.25830 of 2010 2025:KER:5422
SURVEY DTD.19.02.2003.
RESPONDENTS’ ANNEXURES:
ANNEXURE R1(A) TRUE COPY OF THE SIGNED STATEMENT OF THE
POWER OF ATTORNEY HOLDER OF THE 5TH
PETITIONER DATED NIL.
ANNEXURE R1(B) TRUE COPY OF THE JUDGMENT IN WP(C) NO.
12799/2012 DATED 18.10.2019.
35
W.P(C) No.25830 of 2010 2025:KER:5422
APPENDIX OF WP(C)NO.25830/2010
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPIES OF THE TAX RECEIPTS FOR THE YEARS
1984, 1985 AND 1988.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.12.1990 ISSUED
BY THE TALUK SURVEYOR.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 14.02.1989 ISSUED
BY THE VILLAGE OFFICER, NAGAROOR.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 27.06.1996 ISSUED
BY THE SURVEY OFFICER, RE-SURVEY OFFICE,
ATTINGAL.
EXHIBIT P5 TRUE COPY OF THE REMINDER DATED 7.01.1997 SENT
BY THE PETITIONER TO THE SURVEY SUPERINTENDENT,
RE-SURVEY OFFICE, ATTINGAL.
EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 11.03.1997.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT AND DECREE DATED
07.07.1997 IN OS NO.176 OF 1997 OF MUNSIFF’S
COURT, ATTINGAL.
EXHIBIT P8 TRUE COPY OF THE BASIC TAX REGISTER.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 04.01.2010 ISSUED
BY THE DEPUTY COLLECTOR.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 24.06.2010 PASSED
BY THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE CERTIFIED COPY OF DOCUMENT NO.
1307 OF 1964 ISSUED BY THE SUB REGISTRAR,
ATTINGAL SUB REGISTRY OFFICE.
EXHIBIT P12 TRUE COPY OF THE TAX RECEIPT BEARING NO. 1322
DATED 18.05.2007 ISSUED BY THE VILLAGE OFFICER,
NAGAROOR.
36
W.P(C) No.25830 of 2010 2025:KER:5422
RESPONDENTS’ EXHIBITS
EXHIBIT R3(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON
03.07.2018.
EXHIBIT R3(B) TRUE COPY OF NOC BEARNG NO.B7-17779/18 DATED
20.07.2018.
EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 14.01.2019
APPROVING THE MINING PLAN SUBMITTED BY THIS
RESPONDENT
EXHIBIT R3(D) TRUE COPY OF THE LOCATION SKETCH PERTAINING TO
RE-SURVEY NOS.554/1,5 AND 6 OF NAGAROOR VILLAGE.
EXHIBIT R3(E) TRUE COPY OF SURVEY MAP OF RE-SURVEY NOS.554/1,
5 AND 6 OF NAGARROR VILLAGE.
EXHIBIT R3(F) TRUE COPY OF LETTER DATED 24.04.2020 ISSUED ON
BEHALF OF THE DISTRICT COLLECTOR.
EXHIBIT R3(G) TRUE COPY OF THE APPLICATION SUBMITTED BY THE
IST PETITIONER IN WPC NO.30260/2010 BEFORE THE
DIRECTOR OF SURVEY DTD.19.02.2003.
EXHIBIT R2(A) A TRUE COPY OF THE RELEVANT PAGES OF THE
SETTLEMENT REGISTER.
EXHIBIT R2(B) A TRUE COPY OF THE RELEVANT PAGES OF THE BASIC
TAX REGISTER PERTAINING TO THE PROPERTY.
EXHIBIT R2(C) A TRUE COPY OF THE FIRST INFORMATION REPORT
NO.3/2018.SIU-II
EXHIBIT R2(D) A TRUE COPY OF FORM NO.7 PREPARED BY THE SURVEY
AUTHORITY UNDER THE KERALA SURVEY AND BOUNDARIES
RULES, 1964.
EXHIBIT R2(E) A TRUE COPY OF THE RELEVANT PAGES OF THE
PURAMBOKE REGISTER PERTAINING TO THE PROPERTY
COVERED IN RESURVEY NO.554/1.
RESPONDENTS’ ANNEXURES:
ANNEXURE R2(A) TRUE COPY OF THE NOTICE DATED 03.10.2022 ISSUED
37W.P(C) No.25830 of 2010 2025:KER:5422
BY THE TAHSILDAR (LR), CHIRAYINKEEZHU.
ANNEXURE R2(B) TRUE COPY OF THE SIGNED STATEMENT OF THE 2ND
PETITIONER AND OTHERS DATED NIL.
ANNEXURE A1 TRUE COPY OF THE JOINT WILL DATED 15.05.2014
EXECUTED BY CHITTARANJAN AND DR.G.SHANTAKUMARI
DEVI.
