High Court of KeralaSingle JudgeWrit petition disposed of with directions direc...

All Kerala Gold and Silver Merchants Association v. Commissioner of Police, Office of the Commissioner of Police, Ernakulam; Assistant Commissioner of Police, Ernakulam; Circle Inspector of Police, Central Police Station, Ernakulam; and others (WP(C) 35676 of 2023)

Case / Petition Number:WP(C) No. 35676 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2024-03-05
Court Decision / Holding
This writ petition is disposed of with directions: (a) Respondents 2 and 3 shall hand over the keys of the P. Cherian Memorial Swarna Bhavan, as per Ext. P3, to the Munsiff Court where O.S No. 186/2024 is pending; (b) Both sides may raise their contentions before the learned Munsiff and shall abide by the Civil Court’s orders; (c) Status quo shall be maintained; (d) If either side takes law into their own hands, the other may approach the 3rd respondent for action; (e) The matter acknowledges that the civil dispute must be resolved by Civil Courts, not via police protection, and police protection will not be granted as a matter of right.
Final Disposition
Writ petition disposed of with directions directing keys to be handed to the Munsiff Court handling O.S 186/2024, maintaining status quo, and allowing civil adjudication of title and possession while ensuring peace; police intervention not to substitute civil rights adjudication.

Parties to the Case

Appellants / Petitioners

  • ALLKERALAGOLDANDSILVERMERCHANTSASSOCIATION
  • JUSTIN PALATHARA ALIAS P.C. JOSEPH
  • RAJAN THOPPIL
  • LUKE KURIAKOSE ALIAS JOY PAZHEMADAM

Respondents

  • COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM, PIN-682031
  • ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM, PIN-682031
  • CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, PIN-682018
  • B. GOVINDAN, PROPRIETOR, BIMA JEWELLERY, M.G. ROAD, THIRUVANANTHAPURAM, PIN-695001
  • K. SURENDRAN, PROPRIETOR, ARCHANA JEWELLERY, MAIN ROAD, KODUVALLY, KOZHIKODE, PIN-673572
  • ADV. ABDUL NAZAR KOYIKAL, JEWELLERS, KARUNAGAPPILLY, PIN-690518
  • P.C. ROY, AGED 70 YEARS, S/O P.T. CHERIAN, PALATHARA HOUSE, DISTRICT COURT WARD, ALAPPUZHA, PIN-688011
  • JAMES JOSE CGR METALLOISE, SADANAM ROAD, ERNAKULAM SOUTH, PIN-682016
  • NAZEER PUNNACKAL, PUNNACKAL HOUSE, ERAMALLOOR P.O., ALLAPPUZHA, PIN-688537
  • N.V. PRAKASH KAIRALI JEWELLERY, KONDOTTY, MALAPPURAM, PIN-673638
  • AIMO HAJI SAHARAGOLD, DOWN HILL, MALAPPURAM, PIN-676519
  • C.V. KRISHNADAS, ATHULYA LJWELLERY, CHERUKUNNU P.O., KANNUR, PIN-670301

Legal Representation & Advocates

Counsels for Petitioners

  • • Nemom Chandra Babu Ayappan
  • • SANTHOSHPETER Peter
  • • P.N. ANOOP
  • • M.S. SANDEEPSUDHAKARAN
  • • JOSEEPHREM
  • • JOBIN GRACE THOMAS
  • • M.R. MINI
  • • S.S. LOVELINSITHARA
  • • GEORGE A. CHERIAN
  • • LATHASUSANCHERIAN
  • • GEORGE CHERIAN (SR.)

Counsels for Respondents

  • • KRISHNANUNNI (Senior Counsel)

Case Synopsis & Summary

The petitioners, led by the All Kerala Gold and Silver Merchants Association, approached the Kerala High Court seeking directions to the Assistant Commissioner of Police and the Circle Inspector of Police to return the keys of the P. T. Cherian Memorial Swarna Bhavan (I. S. Press Road, Ernakulam) which were taken on 16 October 2023, and to initiate criminal proceedings against 4–12 for allegedly trespassing into the association’s administrative premises. Short facts reveal rival factions—former members of the association—publishing a magazine in its name and asserting claims to the building, leading to civil suits (O.S. Nos. 1471/14 and 877/2013) in other courts. The petition also notes mutation attempts asserting title in the petitioners. The counter submission from respondents contends that the property stands in their name, supported by revenue records (Exts. R5 series) and that the dispute concerns civil rights, not police protection. The court canvassed the legal position that police protection cannot resolve civil rights disputes and should not act as adjudicator in inter‑se disputes over property. Relying on George Mirante, P. R. Murlidharan, and Gladstone George Varghese, the court held that the writ petition cannot grant the sought relief. It directed handing over the keys to the Munsiff Court handling O.S 186/2024, preserved status quo, and allowed the Civil Court to decide title and possession, while maintaining law and order.

Provisions of Law Cited

Article 226 of the Constitution of IndiaRight to Information Act, 2005 (RTI Act)

Legal Doctrines & Maxims

  • Police protection under Article 226 is not a matter of right; police cannot adjudicate civil rights or resolve inter‑se disputes over possession.
  • Civil disputes over property and title must be adjudicated by Civil Courts; writ petitions cannot substitute the civil process to determine possession or title.
  • Judicial reliance on George Mirante v. State of Kerala, P. R. Murlidharan v. Swami Dharmananda Theertha Padar, and Gladstone George Varghese to limit police intervention in civil rights disputes.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that they are absolute owners and possess the building housing the association’s central office at Ernakulam. They contend that 15.10.2023 trespass by respondents 4–12 led to Ext.P3, executed under duress during negotiations; they seek the return of keys and criminal proceedings. They point to mutation in their name (Exts. P5, P5(a)) and contend respondents have no right to the premises. They argue that ongoing civil suits (O.S. Nos. 1471/14 and 877/2013) and prior judgments show their right to property; they seek police protection and a court to terminate the dispute speedily, asserting that the Civil Court should adjudicate title and possession, not the police. They propose handing over the keys to the Munsiff Court and maintaining status quo to prevent escalation.

Contentions of Respondents

The respondents contend the property stands in their name; they rely on revenue records (Exts. R5 series) and allege that the petitioners have no title to the building. They submit that the dispute is civil in nature and cannot be resolved by a writ petition; instead, the Civil Court should determine possession and title. They argue that police intervention is only to prevent breach of peace, not to adjudicate rights; they support handing over the keys to the Civil Court for proper adjudication.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
George Mirante v. State of Kerala1990 (2) KLT 89PositiveCited to support the proposition that police cannot adjudicate civil rights nor act as a court in disputes over possession; police protection cannot resolve title disputes.
P. R. Murlidharan v. Swami Dharmananda Theertha Padar2006 (4) SCC 501PositiveCited to emphasise that mandamus to police for protection cannot adjudicate civil rights; civil action is required.
Gladstone George Varghese v. District Police Chief, Office of the DSP, Kollam2023 (7) KHC 30PositiveDivision Bench held police protection is not a right; one must approach police with a complaint and rely on civil proceedings for possession rights.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 5[TH] DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO. 35676 OF 2023`** ``` PETITIONERS: ``` ``` 1ALLKERALAGOLDANDSILVERMERCHANTSASSOCIATION A202/2000,ADMINISTRATIVEANDCENTRALOFFICE,SWAMA BHAVAN,I.S.PRESSROAD,ERNAKULAM,KOCHI-18,REPRESENTEDBY ITSGENERALSECRETARY,RAJANTHOPPIL,S/OT.P.LJOSEPH,AGED 64THOPPILHOUSE,PERUNNAEAST.P.O., CHANGANASSERY,PIN-682018. ``` - **`2 JUSTIN PALATHARA ALIAS P.C. JOSEPH AGED 65 YEARS`** ``` S/OP.T.CHERIAN,PRESIDENT,AIIKERALAGOLDANDSILVER MERCHANTSASSOCIATION,RESIDINGATPALATHRAHOUSE, CHURULICODE.P.O.,PATHANAMTHITTA.,PIN-689668/ ``` - **`3 RAJAN THOPPIL AGED 64 YEARS`** ``` GENERALSECRETARY,S/OJOSEPH,ALLKERALAGOLDANDSILVER MERCHANTSASSOCIATION,,I.S.PRESSROAD,ERNAKULAM, KOCHI-18.,RESIDINGATTHOPPILHOUSE,PERUNNAEAST.P.O., CHANGANASSERY,PIN-682018. ``` - **`4 LUKE KURIAKOSE ALIAS JOY PAZHEMADAM AGED 65 YEARS`** ``` S/OKURIAKOSE,WORKINGSECRETARY,ALLKERALAGOLDAND SILVERMERCHANT'SASSOCIATION,I.S.PRESSROAD,ERNAKULAM, KOCHI-18RESIDINGATPAZHEMADAMHOUSE,PADINJAREKKARA.P.O., VAIKOM,,PIN-686146. ``` ``` BYADVS. GEORGEA.CHERIAN LATHASUSANCHERIAN GEORGECHERIAN(SR.) ``` ## **`RESPONDENTS:`** - **`1 COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM., PIN - 682031.`** - **`2 ASSISTANT COMMISSIONER OF POLICE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM, PIN - 682031.`** - **`3 CIRCLE INSPECTOR OF POLICE CENTRAL POLICE STATION, ERNAKULAM, PIN - 682018.`** ``` WP(C)NO.35676OF2023 ``` ``` 2 ``` - **`4 B. GOVINDAN`** - **`PROPRIETOR, BIMA JEWELLERY, M.G. ROAD, THIRUVANANTHAPURAM, PIN - 695001.`** - **`5 K. SURENDRAN PROPRIETOR, ARCHANA JEWELLERY, MAIN ROAD, KODUVALLY.P.O., KOZHIKODE,, PIN - 673572.`** - **`6 ADV. ABDUL NAZAR KOYIKAL JEWELLERS KARUNAGAPPILLY., PIN - 690518.`** - **`7 P.C. ROY AGED 70 YEARS`** - **`S/O P.T.CHERIAN PALATHARA HOUSE, DISTRICT COURT WARD, ALAPPUZHA., PIN - 688011.`** - **`8 JAMES JOSE CGR METALLOISE, SADANAM ROAD, ERNAKULAM SOUTH, PIN - 682016.`** - **`9 NAZEER PUNNACKAL PUNNACKAL HOUSE, ERAMALLOOR.P.O., ALLAPPUZHA, PIN - 688537.`** - **`10 N.V. PRAKASH KAIRALI JEWELLERY KONDOTTY, MALAPPURAM., PIN - 673638.`** - **`11 AIMO HAJI SAHARAGOLD, DOWN HILL, MALAPPURAM,, PIN - 676519.`** - **`12 C.V. KRISHNADAS ATHULYA LJWELLERY, CHERUKUNNU.P.O., KANNUR,, PIN - 670301.`** ## **`BY ADVS.`** ``` NemomChandraBabuAyappan SANTHOSHPETERPeter P.N.ANOOP(K/1451/2003) M.S.SANDEEPSUDHAKARAN(K/000598/2018) JOSEEPHREM(K/000485/2023) JOBINGRACETHOMAS(K/000699/2023) M.R.MINI(K/000153/1996) S.S.LOVELINSITHARA(K/1202/2006) ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 05.03.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` ``` WP(C)NO.35676OF2023 ``` ``` 3 ``` ## **JUDGMENT** The 1st petitioner is the All Kerala Gold and Silver Merchants Association. They have approached this Court seeking issuance of directions to the respondents 2 and 3, the Assistant Commissioner and Circle Inspector of Police, to return the keys of the ‘P.P Cherian Memorial Swarna Bhavan’ which was handed over to them on 16.10.2023 and also for initiation of criminal proceedings against respondents 4 to 12 for illegally trespassing into the premises of the 1st petitioner. 2. Short facts are as under:- The party respondents are stated to be the former members of the 1st petitioner Association. It is contended that after 2013, respondents 4 to 12 have no connection with the 1st petitioner. While so, they started publishing a magazine wherein the name of the publisher was shown as the 1st petitioner. This act on the part of the party respondents led the petitioners to approach the Munsiff Court, Ernakulam and institute O.S No.1471/14 seeking injunction and other incidental reliefs. By Ext.P1 judgment, the party respondents and their men were interdicted from using the name of the 1st petitioner Association, its emblem, letterhead or flag in any place or any publication or any proceeding before the Government Authorities or local bodies. Challenging the judgment and decree, an appeal has been preferred and the same is pending. The party respondents have ``` WP(C)NO.35676OF2023 ``` ``` 4 ``` also instituted O.S No.877/2013 before the Munsiff Court, Alappuzha seeking declaration and injunction. The aforesaid suit is stated to be dismissed on 14.12.2016. 3. According to the petitioners, the 1st petitioner is in ownership and possession of a four storeyed building in Ernakulam Village, wherein the administrative office of the 1st petitioner is functioning. Some of the floors are left vacant and some of the rooms are occupied. 4. It is stated that certain men at the instance of respondents 4 to 12 trespassed into the Administrative and Central Office building of the 1st petitioner on 15.10.2023 and illegally started occupying the premises. It is stated that on receiving information of the illegal trespass, the petitioners lodged Ext.P2 complaint before the 2nd respondent. It is stated that some negotiations were held and the petitioners were forced to sign on Ext.P3 agreement. Immediately thereafter, they lodged Ext.P4 complaint before the Commissioner of Police stating the actual facts. According to the petitioners, they have carried out mutation of the property in their name as is borne out from Exts.P5 and P5(a). The party respondents have also managed to influence the revenue authorities and obtain documents in their name. It is the contention of the petitioners that the party respondents have no right over the building. It is on these assertions that this writ petition is filed seeking the following reliefs: ``` WP(C)NO.35676OF2023 ``` ``` 5 ``` - i) direct the respondents 2 and 3 to return the keys of the P.T.Cherian Memorial Swarna Bhavan, I.S.Press Road, Ernakulam taken by them on 16.10.2023 to the petitioners forthwith. - ii) to direct the SHO of Central Police Station to initiate criminal proceedings against respondents 4 to 12 for illegal trespass of the petitioners building at I.S.Press Road. - iii) to direct the 1st respondent to provide adequate police protection to the petitioners especially when the office bearers of the Association are from different districts. 5. A counter affidavit has been filed by the 5th respondent controverting the contentions. They contend that the subject matter property stands in their name and they have effected mutation in their name. It is stated that the 1st petitioner Association has never held any landed property or building in Press Road, Ernakulam and according to them by Ext.R5(e) and R5(f) deeds, the property was purchased by the party respondents. Various other contentions are also raised to contend that the party respondents who are in possession of the building have the right to take possession of the same. 6. I have heard Sri.George Cherian, the learned Senior Counsel, appearing for the petitioner, Sri. Krishnanunni, the learned Senior Counsel appearing for the 5th respondent as instructed by Sri.Chandrababu and the learned Senior Government Pleader. 7. The petitioners claim that they are the absolute owners in title and possession of the item of property where the Central Office of the 1st petitioner is situated. It is, however, submitted by the learned counsel ``` WP(C)NO.35676OF2023 ``` ``` 6 ``` appearing for the petitioners that during the pendency of the writ petition, the petitioners have already approached the Additional Munsiff Court, Ernakulam and have instituted O.S No.186/2024 seeking declaration of right and title and seeking declaration and the said suit is pending. The learned counsel submits that his main grievance is that the key of the 2nd floor and terrace floor of the building is retained by the police pursuant to the execution of Ext.P3 agreement, which the petitioners had executed under duress. 8. The learned Government Pleader points out that both sides raised claims over the very same property and they are in possession of revenue records to show that they are entitled to possession of the same. When a complaint was received that the party respondents had trespassed into the property and there is likely to arise a law and order situation if police did not intervene, the police reached the building. After detailed negotiation between parties Ext. P3 agreement was entered into and both sides agreed that the keys shall be retained by the police. It is submitted that the police have no intention to retain the keys and the same can be handed over to the party who is entitled to possess the same. It is submitted that now the petitioners have approached the learned Munsiff, the keys can be handed over to the Court which is well suited to decide the disputed issues. 9. Sri.Krishnan Unni, the learned Senior Counsel appearing for the party respondents, submitted that he has no objection in entrusting the ``` WP(C)NO.35676OF2023 ``` ``` 7 ``` keys of the vacant shop room/floor to the Munsiff Court. 10. I have considered the submissions advanced. 11. The main prayer of the petitioners is to issue directions to the respondents 2 and 3 to entrust the keys of the P.T. Cherian Memorial Swarna Bhavan to the petitioners. They also request that directions be issued to the Police to register a crime for illegal trespass against the party respondents. I am afraid both the prayers made by the petitioners cannot be granted by this Court in this writ petition. As stated earlier, both sides are in possession of title deeds and revenue records to substantiate that they are entitled to possess the building. Such a dispute cannot be resolved by this Court in a writ petition under Article 226 of the constitution of India. 12. In **George Mirante[1]** , this Court had occasion to hold that in matters involving civil rights or disputes regarding title and possession over property, it would not be proper for this Court to interfere in a writ petition under Article 226 of the Constitution of India seeking an order for police protection. Police cannot be made the adjudicators of such disputes inter se between the parties, either regarding possession of the property, boundaries, easements, or similar matters. These are matters essentially within the domain of the Civil Courts. The parties should approach the appropriate Court and seek redress. Police do not have the right to decide on such disputes, nor is it proper or competent for them to do so. They do not also > 1 George Mirante v. State of Kerala [1990 (2) KLT 89] ``` WP(C)NO.35676OF2023 ``` ``` 8 ``` have the machinery for the purpose. It is outside the limits of the duties that are cast on them, which is to prevent a breach of peace or commission of cognizable offenses and to preserve law and order. 13. In **P. R. Murlidharan[2]** , it was held by the Apex Court that a writ petition under the guise of seeking a writ of mandamus directing the police authorities to give protection cannot be made a forum for adjudicating on civil rights. It is one thing to approach the High Court for issuance of such a writ on a plea that a particular party has not obeyed a decree or an order of injunction passed in favor of the writ petitioner, was deliberately flouting that decree or order and in spite of the petitioner applying for it, or that the police authorities are not giving him the needed protection in terms of the decree or order passed by a court with jurisdiction. But, it is quite another thing to seek a writ of mandamus directing protection in respect of property, status, or right which remains to be adjudicated upon and when such an adjudication can only be done in a properly instituted civil suit. It would be an abuse of process for a writ petitioner to approach the High Court under Article 226 of the Constitution of India seeking a writ of mandamus directing the police authorities to protect his claimed possession of a property without first establishing his possession in an appropriate civil court. The temptation to grant relief in cases of this nature should be resisted by the High Court. The wide jurisdiction under Article 226 of the Constitution of India would > 2 P. R. Murlidharan v. Swami Dharmananda Theertha Padar [2006 (4) SCC 501] ``` WP(C)NO.35676OF2023 ``` ``` 9 ``` remain effective and meaningful only when it is exercised prudently and in appropriate situations. ## 14. In **Gladstone George Varghese[3]** , a Division Bench of this Court had occasion to observe as under: 19. In a writ petition filed under Art.226 of the Constitution of India, the petitioner is not entitled to an order for police protection as a matter of right. Similarly, in the exercise of the writ jurisdiction under Art.226 of the Constitution of India, the High Court cannot grant an order for police protection as a matter of course. In order to seek police protection under Art.226 of the Constitution of India, the writ petitioner has to first approach the concerned Station House Officer with a proper complaint against those who are causing a threat to his life/property and/or a 'law and order' issue in the locality. Since a writ of mandamus can be granted only in a case where there is a failure on the part of that officer concerned to discharge the statutory obligation, in the complaint filed before the concerned Station House Officer, which is the foundation upon which a writ petition seeking police protection has been built, the writ petitioner has to disclose his legal right to compel performance of a statutory duty cast upon that officer. 15. In view of the principles above, I am of the considered opinion that the prayers sought by the petitioners cannot be granted in this case. However, I find that the petitioners have already approached the Additional Munsiff and have instituted O.S No.186/2024 seeking declaration of title and for incidental reliefs. The learned Senior Counsel appearing for both sides as well as the learned Government Pleader, submitted that the keys of the premises can be handed over to the learned Munsiff so that the right to > 3 Gladstone George Varghese v. District Police Chief, Office of the DSP, Kollam [2023 (7) KHC 30] ``` WP(C)NO.35676OF2023 ``` ``` 10 ``` possession can be decided by the Civil court and the keys be handed over to the party who is entitled to the same. In that view of the matter, this writ petition is ordered and the following directions are issued. - a) Respondents 2 and 3 are directed to hand over the keys which were handed over to them on the strength of Ext. P3 to the Munsiff Court where O.S No.186/2024 is pending. - b Both sides may raise their contentions before the learned Munsiff and abide by the orders passed by the Civil Court. - c) Both sides undertake that they shall not precipitate the issues or take the law into their own hands. The status quo as of date shall be maintained. - d) If either of the sides takes the law into their own hands, it is open for the other side to approach the 3rd respondent, who shall consider the genuineness of the allegations and take appropriate action. ## **`Sd/-`** ## **RAJA VIJAYARAGHAVAN V JUDGE** ``` Sru ``` ``` WP(C)NO.35676OF2023 ``` ``` 11 ``` ## **`APPENDIX OF WP(C) 35676/2023`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit P1`**|**`A TRUE COPY OF THE JUDGEMENT IN O.S.NO.1471/14`**| ||**`OF MUNSIFF COURT ERNAKULAM DATED 28.1.19.`**| |**`Exhibit P2`**|**`A TRUE COPY OF THE COMPLAINT DATED 15.10.23`**| |**`Exhibit P3`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`POLICE`**<br>**`DOCUMENTS`**<br>**`DATED`**<br>**`NIL`**| ||**`SIGNED BY THE PETITIONERS.`**| |**`Exhibit P4`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`COMPLAINT`**<br>**`DATED`**<br>**`18/10/2023`**| ||**`FILED`**<br>**`BY`**<br>**`THE`**<br>**`PETITIONERS`**<br>**`BEFORE`**<br>**`THE`**<br>**`FIRST`**| ||**`RESPONDENT.`**| |**`Exhibit P5`**|**`A TRUE COPY OF BASIC TAX RECEIPT DATED 28.1.12`**| ||**`IN RESPECT TO THANDAPER NO 18025 IN THE NAME OF`**| ||**`THE PETITIONER.`**| |**`Exhibit P5(a)`**|**`A TRUE COPY OF BASIC TAX RECEIPT DATED 28.1.12`**| ||**`IN RESPECT TO THANDAPER NO 18026 IN THE NAME OF`**| ||**`THE PETITIONER.`**| |**`Exhibit P6`**|**`A COPY OF RELEVANT PORTION OF THE ADVERTISEMENT`**| ||**`IN`**<br>**`DESABHIMANI`**<br>**`DATED`**<br>**`23.10.18`**<br>**`OBTAINED`**<br>**`FROM`**| ||**`CORPORATION OF KOCHI UNDER RTI ACT.`**| |**`Exhibit P7`**|**`TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF THE`**| ||**`1ST INSTALMENT OF RS.34875/- DATED 20/03/2022.`**| |**`Exhibit P8`**|**`A`**<br>**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`APPLICATION`**<br>**`OBTAINED UNDER`**| ||**`RTI ACT DATED NIL.`**| |**`Exhibit P9`**|**`A`**<br>**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`PROCEEDINGS`**<br>**`OF`**<br>**`COCHIN`**| ||**`CORPORATION OBTAINED UNDER THE RTI AC.`**| |**`Exhibit P10`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`MEMO`**<br>**`ISSUED`**<br>**`BY`**<br>**`CORPORATION`**| ||**`DATED 27.4.23 SHOWING CHARGE OF REGISTRY IN THE`**| ||**`NAME OF 4TH RESPONDENT AND ANOTHER.`**| |**`Exhibit P11`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`BUILDING`**<br>**`PERMIT`**<br>**`DATED`**| ||**`22.5.2006.`**| |**`Exhibit P12`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`OCCUPANCY`**<br>**`CERTIFICATE`**<br>**`ISSUED`**<br>**`TO`**| ||**`THE PETITIONER DATED 8.7.11.`**| |**`Exhibit P13`**|**`TRUE COPY OF INCOME TAX RETURN ACKNOWLEDGEMENT`**| ||**`OF`**<br>**`THE`**<br>**`PETITIONER`**<br>**`ASSOCIATION`**<br>**`DATED`**<br>**`5.11.2022`**| ``` WP(C)NO.35676OF2023 ``` ``` 12 ``` ## **`FOR THE ASSESSMENT YEAR 2022-23.`** |**`Exhibit `**|**`P14`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`registration`**<br>**`certificate`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`registration`**<br>**`certificate`**|**`of`**| |---|---|---|---|---| |||**`Ist petitioner registered Association.`**||| |**`Exhibit `**|**`P15`**|**`True copy of the Receipts dated `**|**`18.6.19.`**|| |**`Exhibit `**|**`P15(a)`**|**`True copy of the Receipts dated `**|**`01.10.20.`**|| |**`Exhibit `**|**`P15(b)`**|**`True copy of the Receipts dated `**|**`06.01.22.`**|| |**`Exhibit `**|**`P15(c)`**|**`True copy of the Receipts dated `**|**`12.08.22.`**|| |**`Exhibit `**|**`P16`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`news`**<br>**`item`**<br>**`published`**||**`in`**| |||**`Mathrubhumi daily dated 16.12.2013.`**||| |**`Exhibit `**|**`P17`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`proceedings`**|**`with`**<br>**`regard`**|**`to`**| |||**`election held on 25.6.23.`**||| |**`Exhibit `**|**`P19`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`tax`**<br>**`receipt`**|**`dated`**<br>**`25.9.2012`**|| |||**`showing`**<br>**`payment`**<br>**`of`**<br>**`tax`**<br>**`in`**|**`respect`**<br>**`of`**|**`the`**| |||**`buildings from second half of 2011.`**||| |**`Exhibit `**|**`P20`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`property`**<br>**`tax`**<br>**`receipt`**<br>**`dated`**||| |||**`1.8.2014.`**||| |**`Exhibit `**|**`P23`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`special`**<br>**`demand`**<br>**`notice`**<br>**`dated`**||| |||**`1.3.2023 was issued by Corporation of Kochi `**||**`to`**| |||**`the petitioner for payment of `**|**`building tax `**|**`for`**| |||**`the year 2022-23.`**||| |**`Exhibit `**|**`P24`**|**`True copy of the cheque dated 3.3.2023 drawn `**||**`on`**| |||**`Dhanalakshmi`**<br>**`Bank`**<br>**`Ernakulam,`**|**`Corporation`**|**`of`**| |||**`Kochi issued by the Petitioner.`**||| |**`Exhibit `**|**`P25`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`tax`**<br>**`receipt`**|**`dated 04.03.2023`**|| |||**`for Rs 53190 issued by the kochi Corporation.`**||| |**`Exhibit `**|**`P22`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`property`**<br>**`tax`**|**`receipt`**<br>**`dated`**|| |||**`17.3.22.`**||| |**`Exhibit `**|**`P18`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`application`**|**`for`**<br>**`revival`**|**`of`**| |||**`stay on 11.12.2023 in I A No. `**|**`1/ 2023 in AS `**|**`No`**| |||**`24/2019.`**||| ``` WP(C)NO.35676OF2023 ``` ``` 13 ``` |**`Exhibit P21`**|**`True`**<br>**`copy`**<br>**`of`**<br>**`the`**<br>**`Demand`**<br>**`notice`**<br>**`issued`**|**`by`**| |---|---|---| ||**`Corporation of Kochi dated 9.3.22.`**|| |**`RESPONDENT EXHIBITS`**||| |**`Exhibit R13(a)`**|**`TRUE COPY OF THE ORDER IN I.A 4341/2013 IN `**|**`O.S`**| ||**`877/2013 DATED 11.02.2014 PASSED BY THE MUNSIFF`**|| ||**`COURT ALAPPUZHA.`**|| |**`Exhibit R13(b)`**|**`TRUE COPY OF THE ORDER DATED 13.02.2019 PASSED`**|| ||**`BY`**<br>**`THE`**<br>**`DISTRICT`**<br>**`COURT`**<br>**`ERNAKULAM`**<br>**`IN`**<br>**`I.A`**|**`NO.`**| ||**`1049/2019 IN A.S 24/2019.`**|| |**`EXHIBIT R5A`**|**`TRUE COPY OF THE LETTER DATED 21.8.2023 ISSUED`**|| ||**`BY`**<br>**`THE`**<br>**`REGISTRAR`**<br>**`(GENERAL)`**<br>**`REGISTRATION`**|| ||**`DEPARTMENT.`**|| |**`EXHIBIT R5B`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`ORDER`**<br>**`IN`**<br>**`I.A`**<br>**`4341/2013`**|**`IN`**| ||**`O.S877/2013`**<br>**`DATED`**<br>**`11.2.2014`**<br>**`PASSED`**<br>**`BY`**|**`THE`**| ||**`MUNSIFF COURT, ALAPPUZHA.`**|| |**`EXHIBIT R5C`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`MINUTES`**<br>**`BOOK`**<br>**`REGARDING`**|**`THE`**| ||**`DETAILS OF CONDUCTING THE ELECTION FOR THE YEAR`**|| ||**`2022-2024.`**|| |**`EXHIBIT R5D`**|**`TRUE COPY OF THE ORDER DATED 13.2.2019`**<br>**`PASSED`**|| ||**`BY`**<br>**`THE`**<br>**`DISTRICT`**<br>**`COURT,`**<br>**`ERNAKULAM`**<br>**`IN`**|**`I.A`**| ||**`NO.1049/2019 IN A.S 24/2019.`**|| |**`EXHIBIT R5E`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`SALE`**<br>**`DEED`**<br>**`NO.150/1998`**|**`OF`**| ||**`ERNAKULAM SRO.`**|| |**`EXHIBIT R5F`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`SALE`**<br>**`DEED`**<br>**`NO.2452/1998`**|**`OF`**| ||**`ERNAKULAM SRO.`**|| |**`EXHIBIT R5G`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`REPRESENTATION`**<br>**`DATED`**|| ||**`15.10.2023 SUBMITTED BEFORE THE 3RD RESPONDENT.`**|| |**`EXHIBIT R5H`**|**`TRUE COPY OF THE INJURY REPORTS.`**|| |**`EXHIBIT R5I`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`COMPLAINT`**<br>**`DATED`**<br>**`15.10.2023`**|| ||**`SUBMITTED BEFORE THE 3RD RESPONDENT.`**|| |**`EXHIBIT R5J`**|**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`LETTER`**<br>**`ISSUED`**<br>**`BY`**|**`THE`**| ``` WP(C)NO.35676OF2023 ``` ``` 14 ``` ## **`TAHASILDAR, LAND RECORDS.`** ## **`EXHIBIT R5K`** ``` TRUECOPYOFTHELATESTTAXRECEIPTDATED 19.4.2023WITHRESPECTTOSY.NO.312/6-8ISSUED BYTHEERNAKULAMVILLAGEOFFICER. ``` ## **`EXHIBIT R5L`** ``` EXHIBITR5LTRUECOPYOFTHELATESTTAXRECEIPTDATED 20.4.2023WITHRESPECTTOSY.NO.312/6-9ISSUED BYTHEERNAKULAMVILLAGEOFFICER. EXHIBITR5MTRUECOPYOFTHEPOSSESSIONCERTIFICATEISSUED BYTHEERNAKULAMVILLAGEOFFICERWITHRESPECT TOSY.NO.312/6-8. ```