M/S. Autoban Trucking vs State Of Kerala on 22 January, 2025

Date:

Kerala High Court

M/S. Autoban Trucking vs State Of Kerala on 22 January, 2025

W.P.(C) Nos.36741 and
37150 of 2017                   1

                                                  2025:KER:5774

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946

                        WP(C) NO. 36741 OF 2017

PETITIONERS:

     1       A SARADA DEVI
             D/O.LATE AMMUKKUTTY,AGED 77 YEARS,RESIDING AT
             'RAJASHREE',AMBALATHARA,POONTHURA
             POST,THIRUVANANTHAPURAM-695026,REPRESENTED HER
             POWER OF ATTORNEY HOLDER AJITH BABU,AGED 35
             YEARS,S/O.BABU,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA,POONTHURA POST,
             THIRUVANANTHAPURAM-695026.

     2       A.SUBHADRA
             D/O.LATE AMMUKKUTTY,AGED 67,RESIDING AT
             'VAISAKH',CHATHANAPARA,THOTTAKADU
             POST,ATTINGAL,THIRUVANANTHAPURAM-
             695605,REPRESENTED HER POWER OF ATTORNEY HOLDER
             AJITH BABU AGED 35 YEARS,S/O.BABU,RESIDING AT
             KAYIKARA HOUSE,AMBALATHARA,POONTHURA POST,
             THIRUVANANTHAPURAM-695026.

     3       A.LEELAKUMARI
             D/O.LATE.P.O.AMMUKKUTTY,AGED 60,RESIDING AT
             VALAPARA HOUSE,AMBALATHARA,POOTHURA
             POST,THIRUVANANTHAPURAM-695026,REPRESENTED BY
             HER POWER OF ATTORNEY HOLDER AJITH BABU,AGED 35
             YEARS,S/O.BABU,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA,POONTHURA POST,
             THIRUVANANTHAPURAM-695026.

     4       A.K.PREMA KUMARI
             S/O.LATE P.AMMUKUTTY,AGED 58,RESIDING AT
             'RAJASHREE',AMBALATHARA,POONTHURA
             POST,THIRUVANANTHAPURAM-695026,REPRESENTED HER
             POWER OF ATTORNEY HOLDER AJITH BABU,AGED 35
             YEARS,S/O.BABU,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA,POONTHURA POST,
             THIRUVANANTHAPURAM-695026.
 W.P.(C) Nos.36741 and
37150 of 2017                2

                                                   2025:KER:5774


     5       K.BRIJITHA
             W/O.LATE K.MADHAVAN,AGED 51,RESIDING AT KAYIKARA
             HOUSE,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA,POONTHURA
             POST,THIRUVANANTHAPURAM-695026,REPRESENTED HER
             POWER OF ATTORNEY HOLDER AJITH BABU,AGED 35
             YEARS,S/O.BABU,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA,POONTHURA POST,
             THIRUVANANTHAPURAM-695026.

     6       S.S.ARUN
             S/O.N.SETHUNATH,AGED 43,RESIDING AT
             T.C.48/253,POONTHURA POST,
             THIRUVANANTHAPURAM-695026.

             BY ADVS.
             SRI.D.KISHORE
             SMT.MINI GOPINATH
             SMT.MEERA GOPINATH
             SRI.R.MURALEEKRISHNAN MALAKKARA



RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS
             SECRETARY,INDUSTRIES(J)DEPARTMENT,GOVERNMENT
             SECRETARIAT,THIRUVANANTHAPURAM-695001.

     2       THE DISTRICT COLLECTOR
             CIVIL STATION,
             KUDAPPANAKKUNNU,THIRUVANANTHAPURAM-695043.

     3       THE LAND ACQUISITION OFFICER AND SPECIAL
             TAHSILDAR, (LA)
             SREE PANDARAVAKA LANDS,NO.III,CIVIL
             STATION,KUDAPPANAKKUNNU,THIRUVANANTHAPURAM-
             695043.

     4       THE KERALA STATE INDUSTRIAL DEVELOPMENT
             CORPORATION LTD
             REPRESENTED BY ITS MANAGING DIRECTOR,KESTON
             ROAD,KOWDIAR,THIRUVANANTHAPURAM-695003.
 W.P.(C) Nos.36741 and
37150 of 2017                3

                                                 2025:KER:5774


             BY ADVS.
             GOVERNMENT PLEADER
             SRI.D.KISHORE
             SRI.P.U.SHAILAJAN, SC
             SMT.N.SUDHA DEVI, SPECIAL GP (LA)


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.01.2025, ALONG WITH WP(C).37150/2017, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.36741 and
37150 of 2017                   4

                                                  2025:KER:5774


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946

                        WP(C) NO. 37150 OF 2017

PETITIONERS:

     1       M/S. AUTOBAN TRUCKING
             VIII/4248, NH 47, NEAR ATHANI
             JUNCTION,NEDUMBASSERY P.O., KOCHI - 683
             585,REPRESENTED BY ITS MANAGING
             DIRECTOR,MR.MOHAMMED FARZAD KALAYAMKULATH.

     2       MR.MOHAMED FARZAD KALAYAMKULATH
             MANAGING DIRECTOR,M/S. AUTOBAN TRUCKING
             CORPORATION PVT.LTD.,RESIDING AT C.C.35/1617B,
             JAWAHARLAL NEHRU STADIUM ROAD,PALARIVATTOM,
             KOCHI - 682 025.


             BY ADVS.
             SRI.JOSEPH KODIANTHARA (SR.)
             SRI.V.ABRAHAM MARKOS
             SRI.ABRAHAM JOSEPH MARKOS
             SRI.HARAN THOMAS GEORGE
             SRI.ISAAC THOMAS
             SRI.JOY JOSEPHKOTTAYAM
             SRI.JERIE RAMESH
             SMT.RACHEL ABRAHAM



RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY,INDUSTRIES (J)
             DEPARTMENT,GOVERNMENT
             SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

     2       THE DISTRICT COLLECTOR
             CIVIL STATION,
             KUDAPPANAKKUNNU,THIRUVANANTHAPURAM - 695 043.
 W.P.(C) Nos.36741 and
37150 of 2017                5

                                                  2025:KER:5774


     3       THE LAND ACQUISITION OFFICER AND SPECIAL
             TAHSILDAR LA
             SREE PANDARAVAKA LANDS, NO.III,CIVIL STATION,
             KUDAPPANAKKUNNU,THIRUVANANTHAPURAM - 695 043.

     4       THE KERALA STATE INDUSTRIAL DEVELOPMENT
             CORPORATION LTD.
             REPRESENTED BY ITS MANAGING DIRECTOR,KESTON
             ROAD, KOWDIAR,THIRUVANANTHAPURAM - 695 003.

     5       A.SARADA DEVI
             D/O.LATE AMUKUTTY,RESIDING AT
             'RAJASHREE',AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.

     6       A.SUBHADRA
             D/O.AMUKUTTY, RESIDING AT 'VAISAKH',CHATHANPARA,
             THOTTAKADU POST, ATTINGAL,THIRUVANANTHAPURAM -
             695 605.

     7       A.LEELAKUMARI
             D/O.LATE P.AMMUKUTTY,RESIDING AT VALAPARA
             HOUSE,AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.

     8       A.K.PREMA KUMARI
             S/O.LATE P.AMMUKUTTY,RESIDING AT
             'HARISREE',AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.

     9       K.BRIJITHA
             W/O.LATE K.MADHAVAN,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.

     10      B.M.UNNIKRISHNAN
             S/O.LATE K.MADHAVAN,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.

     11      B.M.CHANDU
             S/O.LATE K.MADHAVAN,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.
 W.P.(C) Nos.36741 and
37150 of 2017                6

                                                2025:KER:5774


     12      B.M.ANAND
             S/O.LATE K.MADHAVAN,RESIDING AT KAYIKARA
             HOUSE,AMBALATHARA, POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.

     13      S.S.ARUN
             S/O.N.SETHUNATH,RESIDING AT T.C.48/253,POONTHURA
             POST,THIRUVANANTHAPURAM - 695 026.


             BY ADVS.
             GOVERNMENT PLEADER
             SRI.D.KISHORE
             SRI.P.U.SHAILAJAN, SC



       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.01.2025, ALONG WITH WP(C).36741/2017, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.36741 and
37150 of 2017                               7

                                                                               2025:KER:5774



                          MOHAMMED NIAS C.P., J

                 ............................................................

                W.P.(C) Nos.36741 and 37150 of 2017

                   .............................................................

                Dated this the 22nd day of January, 2025



                                       JUDGMENT

The petitioners are stated to be the owners of 2.90

Hectares in Resurvey No.181/2-71, Block No.3 of Veiloor Village,

Thiruvananthapuram District. For the purpose of acquisition for

the establishment of Life Science Park by the Kerala State

Industrial Development Corporation Ltd (KSIDC), the 4 th

respondent, Section 4(1) notification was issued on 02.06.2008,

which was published in the Gazette on 22.07.2008 and published

in the locality on 26.11.2008. A declaration under Section 6 of the

Land Acquisition Act, 1894, was made on 23.11.2009.

2. Writ petition No.4645 of 2010 was filed by A.

Saraswathi, wife of one late P. Bhargavan and the writ petitioners

herein challenging the Section 4(1) notification and also Section 6

declaration made under the Land Acquisition Act, 1894. The writ
W.P.(C) Nos.36741 and
37150 of 2017 8

2025:KER:5774

petition was dismissed along with a batch of cases on 20.05.2015

through Ext.P5 judgment. A writ appeal filed was also dismissed

through Ext.R4(b) judgment. Some of the land owners had

approached the Hon’ble Supreme Court through a Special Leave

Petition which was disposed of on 06.01.2017 directing to conduct

negotiations with all the land owners. Writ petition No.15942 of

2017 and 16113 of 2017, directed the passing of awards only after

the negotiation was completed and the award in the instant case

was passed on 09.11.2017.

3. The grievance of the present writ petition is that the

petitioners’ property having an extent of 2.90 Hectares in

Resurvey No.181/2-71, Block No.3 of Veiloor Village was not

acquired for the purpose of establishment of Life Science Park by

the 4th respondent. It is also stated that no award was passed till

01.01.2014, the date of coming into force of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (hereinafter referred to

as the Act 30 of 2013) and therefore all actions taken under the

erstwhile Act are invalid. The learned counsel for the petitioners

submits that the documents produced in the writ petition clearly
W.P.(C) Nos.36741 and
37150 of 2017 9

2025:KER:5774

show that their property was not part of the acquisition and the

property in Thandapper Account No.2083 belonging to diseased

Padmanabhan Bhargavan was acquired and not the property

belonging to the petitioners in Resurvey No.181/2-71. It is also

stated that the property belonging to the petitioners was given a

new Resurvey No.182/2-71 and with a new Thandapper Account

No.9669 as seen from Ext.P11. The Thandapper Account No.9669

was created in the name of A. Saraswathy on 28.04.2006. It is

stated that Padmanabhan Bhargavan died in the year 1982. Thus

the petitioners’ case is that the properties covered under

Resurvey No.181/2-71 are not notified for acquisition.

4. The Government has filed an additional counter

affidavit on 21.06.2023 stating that the acquired property

belonged to one Padmanabhan Bhargavan, the predecessor-in-

interest of the writ petitioners. It is stated that the said

Padmanabhan Bhargavan had properties in Resurvey No.181/2-

71, Block No.3 of Veiloor Village, Thiruvananthapuram District as

per Thandapper Account No.2083. As per the basic tax register of

Veiloor Village, late Padmanabhan Bhargavan was in possession

of 8.6228 hectares of land. After his death, his wife A.Saraswathy
W.P.(C) Nos.36741 and
37150 of 2017 10

2025:KER:5774

got 2.90 hectares of land as one of the legal heirs. At that time, a

new sub-division was created for this 2.90 hectares of land as

181/2-71 for the purpose of mutation and also for collection of

land tax.

5. It is stated that for the acquisition in question from

survey No. 181/2 and a new LA subdivision was created as 181/15,

out of which 2.1550 hectares of land were acquired. The

Government also contends that the property in Resurvey

No.181/2-71 was not included in the acquisition under question.

The contention of the Government is that though the petitioners

claim that they have 2.90 hectares of land in Resurvey No.181/2-

71, it is seen that only 0.8120 hectares of land was available in the

above resurvey number. The Government also states that the

legal heirs of Smt.A.Saraswathi have not produced any documents

at the stage of enquiry before passing the award. It is also stated

that since the petitioners were not dispossessed consequent to

the acquisition, the amounts were also not deposited.

6. Heard the learned counsel for the petitioners,

learned counsel appearing for the KSIDC and learned

Government Pleader.

W.P.(C) Nos.36741 and
37150 of 2017 11

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7. It is to be noticed that in the writ petition filed

earlier, which is produced as Exhibit R4(a), the contention was

that the Section 4(1) notification showed part of the property in

survey No.181/2 was included and a declaration under Section 6

(1) was also issued. It was their contention that in the Section 6

(1) declaration, the property of Smt. A. Saraswathi is comprised in

Resurvey No.181/2-71 and comprised in Thandapper No.9669 was

not included. The prayers in the writ petition filed earlier were

to quash the Section 4(1) notification and Section 6 (1)

declaration. Section 4(1) notification and Section 6 (1)

declaration, were unsuccessfully challenged the award was passed

within the time granted under Section 11A of the repealed Land

Acquisition Act.

8. The learned counsel for the petitioners however

submits that even then, the compensation had to be determined

under the provisions of the new Act 30 of 2013 and none of the

requirements of the said Act have been complied with by the

respondents. It is unnecessary to decide as to whether the said

contention is correct or not in this writ petition. This is more so

the writ petitioner can raise all his contentions, taking recourse
W.P.(C) Nos.36741 and
37150 of 2017 12

2025:KER:5774

to Section 64 of the Act 30 of 2013. The learned Government

Pleader on instruction submits that the compensation was not

deposited as the petitioners could not be dispossessed.

9. The learned counsel for the petitioners in W.P.(C)

No.37150 of 2017, is the lessee under the petitioners in W.P.(C)

No.36741 of 2017 and submits that they are doing a business of

sale of Trucks, body building and service employing more than

200 persons, on the strength of Ext.P1, Registered Lease Deed. A

request is made for granting breathing time to make alternate

arrangements. It is also pointed out that they were not aware of

the acquisition proceedings at the time of entering into the lease

deed.

Be that as it may, taking note of the fact that they are in

possession and doing business and that the proceedings in this

case commenced in 2008 and that the compensation has not been

deposited as the respondents did not get possession, I am inclined

to grant six months time to the petitioners in W.P.(C) No.37150 of

2017 to remove the structures and vacate the premises. The

compensation shall be deposited by the respondents within one

month from the date of dispossession of the property. All the
W.P.(C) Nos.36741 and
37150 of 2017 13

2025:KER:5774

contentions of the petitioners regarding the identity of the

property, the compensation payable and to whom the same is

payable are left open,t to be agitated in accordance with law and

in terms of the Act 30 of 2013. Reserving such liberty the writ

petitions are disposed of.

Sd/-

MOHAMMED NIAS C.P.
JUDGE
Anu
W.P.(C) Nos.36741 and
37150 of 2017 14

2025:KER:5774

APPENDIX OF WP(C) 37150/2017

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF REGISTERED LEASE DEED
DATED 03.03.2012, EXECUTED BETWEEN
A.SARASWATHY AND THE 1ST PETITIONER
COMPANY.

EXHIBIT P2. TRUE COPY OF THE AFFIDAVIT DATED
23.12.2013 (WITHOUT ANNEXURES)
SUBMITTED BY THE LEGAL HEIRS OF
A.SARASWATHY.

EXHIBIT P3. TRUE COPY OF THE AFFIDAVIT DATED
20.04.2017 (WITHOUT ANNEXURES)
SUBMITTED BY THE LEGAL HEIRS OF
A.SARASWATHY.

EXHIBIT P4. TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT DATED 09.11.2017 WHICH
WAS RECEIVED BY THE 1ST PETITIONER ON
14.11.2017.

EXHIBIT P5. TRUE COPY OF THE INTERIM ORDER DATED
15.11.2017 IN W.P.NO.36471 OF 2017.

EXHIBIT R4(A) TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 16-10-2012 ISSUED BY THE 3RD
RESPONDENT IN FAVOUR OF SMT.

SARASWATHI.

EXHIBIT R4(B) TRUE COPY OF THE NOTICE DATED 24-04-
2017 ISSUED BY THE 3RD RESPONDENT TO
THE 5TH RESPONDENT.

EXHIBIT R4(C) TRUE COPY OF THE AWARD PASSED BY THE
3RD RESPONDENT.

EXHIBIT R4 (d) TRUE COPY OF W.P(c) 4645 OF 2010
WITHOUT EXHIBITS FILED BY
SMT.SARASWATHI BEFORE THIS HON’BLE
COURT DATED 26/1/2010
W.P.(C) Nos.36741 and
37150 of 2017 15

2025:KER:5774

EXHIBIT R4(e) TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE RESPONDENTS 5 AND 6 IN WPC
NO.4645/2010 DATED 18/3/2011

EXHIBIT R4(f) TRUE COPY OF THE AFFIDAVIT ALONG WITH
THE DOCUMENTS FILED BY THE RESPONDENTS
5 AND 6 IN WPC NO.4645/2010 DATED
3/4/2013

EXHIBIT R4(g) TRUE COPY OF THE JUDGMENT DATED
20/5/2015 IN WPC 4645/2010

EXHIBIT R4(h) TRUE COPY OF THE JUDGEMENT IN WA
NO.1464 OF 2015 AND CONNECTED CASES
DATED 3/11/2015

EXHIBIT R4(i) TRUE COPY OF THE ORDER DATED 4/4/2016
IS SLP NO.8079-8082/2016 OF THE HON’BLE
SUPREME COURT OF INDIA

EXHIBIT R4(j) TRUE COPY OF THE ORDER DATED 6/1/2017
IN SLP NO.8079-8082/2016 OF THE HON’BLE
SUPREME COURT OF INDIA
W.P.(C) Nos.36741 and
37150 of 2017 16

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APPENDIX OF WP(C) 36741/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED
NIO.3271/2014 DATED 24.9.2014

EXHIBIT P2 TRUE COPY OF THE WILL DATED 2.9.2012
EXECUTED BY LATE A.SAWASWATHY

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED
19.5.2012

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED
30.5.2008 PUBLISHED IN THE ‘KERALA
KOUMUDI’DAILY DATED 16.10.2008

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
20.5.2015 IN W.P(C)NO.4645/2010 AND
CONNECTED CASES

EXHIBIT P6 TRUE COPY OF THE NOTICE UNDER SECTION
9(3)OF THE LAND ACQUISITION
ACT,1894,DRTED 24.4.2017 ISSUED BY THE
3RD RESPONDENT

EXHIBIT P7 TRUE COPY OF THE TAX RECEIPTM DATED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13330

EXHIBIT P7(A) TRUE COPY OF THE TAX RECEIPT DATED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13331

EXHIBIT P7(B) TRUE COPY OF THE TAX RECEILPT DSTED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13232.

EXHIBIT P7(C) TRUE COPY OF THE TAX RECEIPT DATED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13333

EXHIBIT P7(D) TRUE COPY OF THE TAX RECEIPT DATED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13234
W.P.(C) Nos.36741 and
37150 of 2017 17

2025:KER:5774

EXHIBIT P7(E) TRUE COPY OF THE TAX RECEIPT DATED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13334

EXHIBIT P7(F) TRUE COPY OF THE TAX RECEIPT DATED
27.5.2017 WITH RESPECT TO THE PROPERTY
HAVING THANDAPER NO.13335

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
24.5.2017 SUBMITTED BY THE PETITIONERS
BEFORE THE RESPONDENTS 2 TO 4

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED
1.11.2017 IN LAC NO.14/2010 DATED
9.11.2017 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P9(A) TRUE COPY OF THE NOTICE OF TAKING OVER
POSSESSION DATED 9.11.2017 ISSUED BY
THE 3RD RESPONDENT.

EXHIBIT 10 TRUE COPY OF THE INFORMATION SOUGHT BY
THE SON OF THE 3RD PETITIONER, MANOJ
BABU BEFORE THE PUBLIC INFORMATION
OFFICER.

EXHIBIT P11 TRUE COPY OF THE INFORMATION DATED
27.01.2018 ALONG WITH THE DOCUMENTS
FURNISHED BY THE PUBLIC INFORMATION
OFFICER AND SPECIAL TAHSILDAR

EXHIBIT P12 TRUE COPY OF THE AWARD DATED
01.11.2017 ISSUED BY THE 3RD
RESPONDENT

Exhibit P13 TRUE COPY OF THE NOTICE OF AWARD UNDER
SECTION 3E OF NATIONAL HIGHWAYS ACT A
DATED 28/10/2021 ISSUED BY THE DEPUTY
COLLECTOR (LA) NH, THIRUVANANTHAPURAM
TO THE PETITIONERS

Exhibit P14 TRUE COPY OF THE RELEVANT EXTRACT OF
THE RELEVANT EXTRACT OF THE PARTITION
DEED NO.3271/2014 EVIDENCING THE
ENDORSEMENT OF ACQUISITION OF 8.49
ARES OF LAND
W.P.(C) Nos.36741 and
37150 of 2017 18

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EXHIBIT R3(A) TRUE COPY OF THE DECLARATION DATED 23-
11-2009 IS PUBLISHED IN KERALA GAZETTE
ON 24-11-2009

EXHIBIT R3(B) TRUE COPY OF THE AWARD NO. 3/17 ON 01-
11-2017 PASSED BY THE 3RD RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R4 (A) TRUE COPY OF W.P.(C) NO. 4645 OF 2010
FILED BY SMT. SARASWATHI BEFORE THIS
HONOURABLE COURT.

EXHIBIT R4(B) TRUE COPY OF THE JUDGMENT IN W.A. NO.

1561 OF 2015 AND CONNECTED CASES

EXHIBIT R4 (C) TRUE COPY OF THE RELEVANT PAGE OF
THANDAPPER REGISTER OF LATE BHARGAVAN
WITH NO. 2083

EXHIBIT R4(D) TRUE COPY OF THE RELEVANT PAGE OF
THANDAPPER REGISTER OF A. SARASWATHI
WITH NO. 9669.

EXHIBIT R4(E) TRUE COPY OF THE RELEVANT PAGE OF
THANDAPPER REGISTER OF SARAADADEVI AND
7 OTHERS WITH NO.13234

EXHIBIT R4(F) TRUE COPY OF THE RELEVANT PAGE OF
THANDAPPER REGISTER OF SARADEVI AND 7
OTHERS WITH NO. 13330

EXHIBIT R4(G) TRUE COPY OF THE RELEVANT PAGE OF
THANDAPPER REGISTER OF SARAADADEVI,
D/O. KUNHUNNO WITH NO. 13331.

EXHIBIT R4(H) TRUE COPY OF THE RELEVANT PAGE OF
THANDAPPER REGISTER OF SUBHADRA WITH
NO. 13332.

EXHIBIT R4(I) TRUE COPY OF THE AWARD PASSED BY THE
ERD RESPONDENT.

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EXHIBIT R4(J) TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE RESPONDENTS 5 AND 6 IN
WPC NO.4645 OF 2010 DATED 18.03.2011

EXHIBIT R4(K) TRUE COPY OF THE AFFIDAVIT FILED BY
RESPONDENTS 5 AND 6 IN WPC NO.4645 OF
2010 DATED 03.04.2013

EXHIBIT R4(L) TRUE COPY OF THE ORDER DATED
04.04.2016 IN SLP NO.8079-8082/2016 OF
THE HON’BLE SUPREME COURT OF INDIA

EXHIBIT R4(M) TRUE COPY OF THE ORDER DATED
06.01.2017 IN SLP NO.8079-8082/2016 OF
THE HON’BLE SUPREME COURT OF INDIA

EXHIBIT R4(N) TRUE COPY OF THE REPLY AFFIDAVIT FILED
BY WRIT PETITIONERIN WPC NO.4645 OF
2010 TO THE COUNTER OF 7TH RESPONDENT

EXHIBIT R4(O) TRUE COPY OF THE INTERIM ORDER IN WPC
NO.25679/2008 DATED 05.09.2008 OF THIS
COURT

EXHIBIT R4(P) TRUE COPY OF THE INTERIM ORDER DATED
30.07.2015 IN W.A NO.1527/2015



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