High Court of KeralaDivision BenchPetitions and appeals dismissed; sale upheld as...

C.R.P. No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002

Case / Petition Number:CRP 2819/2002

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
  • Shoba Annamma Eapen
Judgment Date
2024-03-27
Court Decision / Holding
The court dismissed the lead Original Petition (OP 33731/2002) and the connected civil revision petitions, holding that the sale was a decree founded on a compromise, not a mere execution sale, and that the foundation of the compromise being intact at the time of sale means the sale cannot be reopened under Article 227. The writ appeals and other petitions were disposed of with directions to implement the sale and related orders consistent with the compromise decree.
Final Disposition
Petitions and appeals dismissed; sale upheld as a compromise decree; directions to implement the sale consistent with the decree; no relief to petitioners is granted.

Parties to the Case

Appellants / Petitioners

  • Janaki Chandranagar Post, Palakkad
  • T. Nithyananda Menon
  • T. Sidhartha Menon
  • Sumangala Devi Sabarinathan (LR of P1–P3 as per order dated 15/3/2023 in IA 1/23)

Respondents

  • Dr. V.R.S. Krishnan, Venkatesha Hospital, Palakkad
  • K. Radhakrishnan so. Karupath, Tharakar, Dhanalakshmi, Rajeswari Street, Palakkad
  • T.R.K. Das, Govinda Panicker, 11/794, Robinson Road, Palakkad
  • Sumangala Devi Do. T. Sankara Menon, Devi Vilas Bungalow, College Road, Palakkad
  • K.C. Unni Nair, Advocate, Palakkad
  • K.R. Parthasardhi
  • K.R. Balaji
  • K.R. Padmanabhan
  • Sumangala Devi Sabarinathan (ADDL.R13–R17 as per IA 14164/2013/IA 963/2018 etc.)

Legal Representation & Advocates

Counsels for Petitioners

  • • S.V. Balakrishna Iyer (Sr.)
  • • M.P. Ramnath
  • • P.B. Krishnan
  • • P. Rajesh (Kottakkal)
  • • K.J. Sebastian
  • • M. Varghese Varghese
  • • Uma R. Kamath
  • • S. Sandhya
  • • Beepin Paul
  • • Shalu Varghese
  • • S. Deepak
  • • Antony Tharian

Counsels for Respondents

  • • Vinay Ramdas
  • • G. Sreekumar (Chelur)
  • • P. Ramnath
  • • R. Venkatesth
  • • Bepin Paul
  • • S. Sandhya
  • • Shalu Varghese
  • • Anagha Lakshmy Raman
  • • Greeshma Chandrika R.
  • • V. Namitha
  • • K.S Akshay Mohan
  • • Uma R. Kamath
  • • M. Varghese Varghese
  • • S. Deepak

Case Synopsis & Summary

This batch of connected matters arises from challenges to a sale in O.S. No.1/1964 (District Court Palakkad) carried out to clear income/wealth tax arrears. The lead matter, OP No.33731/2002 (filed under Article 227 of the Constitution), concerns whether the court-ordered sale of Devi Vilasam Palace (Item No.9 of the C schedule) can be set aside on grounds of mistaken foundations, misrepresentation of tax dues, or as an improper exercise of court power. The Court traces the history: a preliminary decree in a partition suit led to an agreement among co-sharers to sell the property; the sale (8.4.1992; Rs.31,15,000) occurred under Rule 234 CPR and was later confirmed. Later litigation questioned whether any tax dues existed; Supreme Court and tax authorities confirmed there were arrears. The Kerala High Court ultimately held that the sale was not a sale in execution but a compromise decree ordered by the court, and that challenges under Article 227 could not set aside such a sale. It also ruled that if the foundation of the compromise collapses, the remedy cannot be to reopen the sale. Consequently, the petitions and appeals were dismissed with directions to implement the sale decree and related orders.

Provisions of Law Cited

Constitution of India, Article 227Civil Procedure Code, Order 21 Rule 90Civil Procedure Code, Section 2(2)Civil Rules of Practice, Rule 234Partition Act, 1893

Legal Doctrines & Maxims

  • Decree is defined under Section 2(2) of the Civil Procedure Code as a formal expression of adjudication
  • A decree grounded on a compromise can be final and binding; it is a compromise decree
  • Sale under Rule 234 of the Civil Rules of Practice based on a compromise decree attains the status of a decree for purposes relating to the matter
  • If the foundation of the compromise is lost, it cannot be cured after sale; such sale cannot be invalidated by re-opening the compromise
  • Interference under Article 227 of the Constitution is not warranted where the sale is a consequence of an agreement/compromise rather than the court’s exercise of power under the Partition Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners (CRP Nos.2819/2002 and connected matters) argued that the sale of Devi Vilasam Palace (Item No.9 in the partition suit) was conducted on mistaken facts and on a foundation that did not exist regarding tax arrears; they contended the court had no jurisdiction to order or confirm a sale under a mistaken premise and that the sale, being rooted in a compromise decree, should be vulnerable to challenge under Article 227. They pressed that the tax dues were not owed, or that the sale was tainted by misstatement, which should render the sale void. They sought relief to set aside the sale or to reopen the adjudication

Contentions of Respondents

The respondents argued that the sale was part of a valid compromise decree in a partition suit, not a mere execution sale; once a court approves a compromise and orders sale under Rule 234 CPR, it becomes a final decree; Article 227 cannot be used to undo such a decree; the district court’s actions, based on the compromise and the consent of parties, should not be disturbed. They relied on Supreme Court jurisprudence that a compromise decree closes disputes and that challenges to such decrees are limited.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Bimal Kumar and another v. Shakunata Debi and other2012 (3) SCC 548PositiveUsed to support the proposition that when a decree is based on a compromise, it becomes a final decree and may not be assailed as to its basic foundation after the sale.
Civil Appeal Nos.13216-13217/1996; Supreme Court report (1997) 2 SCC 623(1997) 2 SCC 623PositiveCited to illustrate that a compromise decree may have the force of a final adjudication, legitimizing a sale ordered thereunder.
CRP 1119/97 (Kerala High Court)CRP 1119/97Mentioned OnlyExhibit reference; referenced as an order in the appendix but not treated as a controlling precedent in the reasoning.
OP 28303/1999 (Kerala High Court)OP 28303/1999Mentioned OnlyReferenced in the annexures; not relied upon as a binding precedent in the decision.

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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 A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 27[TH] DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 ``` ## **`CRP NO. 2819 OF 2002`** ``` AGAINST THE ORDER DATED IN I.A.NO.800/97 IN OS NO.1 OF 1964 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD ``` ## **`REVISION PETITIONER/S:`** - **`1 JANAKI CHANDRANAGAR POST, PALAKKAD.`** - **`2 T. NITHYANANDA MENON DO. 3 T. SIDHARTHA MENON DO.`** - **`(*)4 SUMANGALA DEVI SABARINATHAN, AGED 69 YEARS, D/O.T.S.MENON, NOW RESIDING AT "S338, SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD DISTRICT (*)ADDITIONAL 4TH PETITIONER IMPLEADED AS LR OF DECEASED P1, P2 AND P3 AS PER ORDER DATED 15/3/2023 IN I.A.1/2023 IN CRP 2819/2002.`** ``` BY ADVS. SRI.S.V.BALAKRISHNA IYER (SR.) M.P.Ramnath SRI.P.B.KRISHNAN P.RAJESH (KOTTAKKAL) K.J.SEBASTIAN M.VARGHESE VARGHESE UMA R.KAMATH S.SANDHYA BEPIN PAUL SHALU VARGHESE S.DEEPAK ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -2- ## **`ANTONY THARIAN AJESH K. ANTONY`** ## **`RESPONDENT/S:`** |**`ESPONDENT/S:`**|| |---|---| |**`1`**|**`DR.V.R.S.KRISHNAN`**| ||**`RAJAPPAIYER, MEDICAL PRACTIONER,, VENKITESWARA`**| ||**`HOSPITAL, SHORNUR ROAD,, PALAKKAD.`**| |**`2`**|**`K. RADHAKRISHNAN SO. KARUPPATH`**| ||**`THARAKAR, DHANALAKSHMI, RAJESWARI STREET,, PALAKKAD -`**| ||**`14.`**| |**`3`**|**`T.R.K. DASS SO. GOVINDA PANICKER`**| ||**`11/794, ROBBINSON ROAD,, PALAKKAD.`**| |**`(**)4`**|**`SUMANGALA DEVI DO. T. SANKARA MENON`**| ||**`DEVI VILAS BUNGLOW, COLLGE ROAD,, PALAKKAD.`**| ||**`(**) THE 4TH RESPONDENT IS DELETED FROM THE PARTY`**| ||**`ARRAY AS PER ORDER DATED 11/10/2004 IN MEMO WITH CF`**| ||**`NO.6367/2004 DATED 08/10/2004.`**| |**`5.`**|**`K.C. UNNI NAIR JOINT ADVOCATE COMMISSIONER, PALAKKAD.`**| |**`ADDL.R6(***)`**|<br>**`K.R.PARTHASARADHI, S/O. LATE K.RADHAKRISHNAN, SHYAMA`**| ||**`NIVAS, PERAMOUNT GARDEN, PIRARI P.O., PALAKKAD`**| ||**`DISTRICT`**| |**`ADDL.R7(***)`**|| ||**`K.R.BALAJI, S/O.LATE K.RADHAKRISHNAN, -DO- -DO-`**| |**`ADDL.R8(***)`**|| ||**`K.R.PADMANABHAN, S/O.LATE K.RADHAKRISHNAN, -DO-`**| ||**`- DO -`**| ||**`[(***)IMPLEADED AS ADDITIONAL RESPONDENTS 6 TO 8 VIDE`**| ||**`ORDER DATED 27/3/2024 IN IA 2965/2013]`**| **`BY ADVS. VINAY RAMDAS G.SREEKUMAR (CHELUR)`** P.R.VENKATESH **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** **==> picture [16 x 8] intentionally omitted <==** ``` THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 1/2/2024, ALONG WITH OP(C).3827/2012, 33731/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024 DELIVERED THE FOLLOWING: ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -4- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 27[TH] DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 ``` ``` OP(C) NO.3827 OF 2012 ``` ``` AGAINST THE ORDER DATED 25/1/1983 IN OS NO.1 OF 1964 OF DISTRICT ``` ``` COURT & SESSIONS COURT, PALAKKAD ``` ## **`PETITIONER/S:`** ``` V.RAVI VARMA THAMPAN AGED 80 YEARS S/O LATE DHATRI VALIYA RANI, RESIDING AT 4B, SI. GLEADALE POINT, SIVAPURI, BANK ROAD, CALICUT 673001 ``` ``` BY ADV SRI.R.RAMADAS ``` ## **`RESPONDENT/S:`** |**`(*)1`**|**`(DIED) JANAKI S MENON`**| |---|---| ||**`RESIDINT AT THRIKARTHIKA, CHANDRA NAGAR POST, PALAKKED`**| ||**`678007`**| |**`(*)2`**|**`(DIED) T.S SIDHARTHA MENON`**| ||**`RESIDINT AT THRIKARTHIKA, CHANDRA NAGAR POST, PALAKKED`**| ||**`678007`**| |**`(*)3`**|**`(DIED) T. NITYANANDA MENON`**| ||**`RESIDINT AT THRIKARTHIKA, CHANDRA NAGAR POST, PALAKKED`**| ||**`678007`**| |**`4`**|**`SARADA RAMACHANDRAN ALIAS.V`**| ||**`SARADA THAMPAN, KALARI KOVILAKAM, KOLLENGODE VILLAGE,`**| ||**`PALAKKD 678506`**| |**`5`**|**`V. MEENAKSHI VIMALA THAMBATTI`**| ||**`KALARI KOVILAKAM, KOLLENGODE VILLAGE, PALAKKD 678506`**| **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -5- - **`6 V. VIJAYALAKSHMI JAYASREE KALARI KOVILAKAM, KOLLENGODE VILLAGE, PALAKKD 678506`** - **`7 V. JAYARAJAN RESIDING IN KALARI KOVILAKAM, KOLLENGODE VILLAGE, PALAKKD 678506`** - **`8 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI 110001`** - **`9 THE CHIEF COMMISSIONER OF INCOME TAX CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI 682018 NORTH`** - **`10 THE INCOME TAX AND WEALTH TAX OFFICER WARD II, AYAKAR BHAVAN, PALAKKAD 678514`** - **`11 K.C. UNNI NAIR ADVOCATE PALAKKD KUNNUMPURAM 678503`** - **`12 DR. V.R.S KRISHNAN VENKATESHA HOPITAL, PALAKKAD KOLLONGUR 678511`** - **`(**)13 (DIED) K. RADHAKRISHNAN PATTIKKARA P.O, PALAKKAD 678522`** - **`14 T.R.K. DAS KUNNUMPURAM, PALAKKD KUNNUMPURAM 678503`** - **`15 K.R. PARTHASARADHI AGED 51 YEARS`** ``` S/O LATE K. RADHAKRISHNAN, SHYAMA NIVAS, PERAMOUNT GARDEN, PIRARI PO, PALAKKAD DISTRICT,PIN - 678003 ``` - **`16 K.R. BALAJI AGED 48 YEARS S/O LATE K. RADHAKRISHNAN, SHYAMA NIVAS, PERAMOUNT GARDEN, PIRARI PO, PALAKKAD DISTRICT,PIN - 678003`** - **`17 K.R. PADMANABHAN AGED 45 YEARS`** ``` S/O LATE K. RADHAKRISHNAN, SHYAMA NIVAS, PERAMOUNT GARDEN, PIRARI PO, PALAKKAD DISTRICT,PIN - 678003 ``` ``` [(**)R15 TO R17 IMPLEADED AS ADDITIONAL RESPONDENTS VIDE ORDER DATED 15/3/23 IN IA 1/23] ``` - **`(*)18 SUMANGALA DEVI SABARINATHAN AGED 69 YEARS D/O LATE T.S. MENON (T. SANKARA MENON), NOW RESIDING AT`** **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -6- ``` S 338, SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD DISTRICT, PIN - 678007 ``` ``` [(*)R18 IMPLEADED AS ADDITIONAL RESPONDENT VIDE ORDER DATED 15/3/23 IN IA 2/23] ``` ``` BY ADVS. ADV. P.G. JAYASHANKAR PGJ BIJU ABRAHAM Ramnath M. P. P.RAJESH (KOTTAKKAL)(K/269/2007) K.J.SEBASTIAN(S-1136) M.VARGHESE VARGHESE(K/1014/2003) UMA R.KAMATH(K/622/2006) S.SANDHYA(K/81/2012) BEPIN PAUL(K/1215/2003) SHALU VARGHESE(K/322/2009) S.DEEPAK(K/733/2012) ANTONY THARIAN(K/000479/2018) ``` ``` THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 1/2/2024, ALONG WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024 DELIVERED THE FOLLOWING: ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -7- ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 27[TH] DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 ``` ## **`OP NO. 33731 OF 2002`** ## **`PETITIONER:`** - **`1 JANAKI S.MENON, RESIDING AT 'THRIKARTHIKA', CHANDRA NAGAR POST, PALAKKAD.`** - **`2 T.S. SIDHARTHA MENON IN DO. DO. 3 T. NITYANANDA MENON IN DO. DO.`** - **`ADDL.P4 SUMANGALA DEVI SABARINATHAN, AGED 65, D/O.T.S. MENON, NOW RESIDING AT 'S.338, SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD DISTRICT 678 007`** ``` IS IMPLEADED AS ADDITIONAL P4 AS PER ORDER DATED 01.02.2024 IN I.A NO.963 OF 2018 IN OP NO.33731 OF 2002 ADDL.P5 BHAGEERATHAN M.K, AGED 62 YEARS, S/O SANKARA GUPTAN, BUSINESS, KIZHAKKUMPURATH HOUSE, THRIPPALAMUNDA, PARASSERY POST, PALAKKAD 678 631 ``` ``` IS IMPLEADED AS ADDITIONAL P5 AS PER ORDER DATED 15.03.2023 IN I.A.5/2023 ``` ``` BY ADVS. JANAKI S.MENON(Party-In-Person) Ramnath M. P. P.RAJESH (KOTTAKKAL)(K/269/2007) K.J.SEBASTIAN(S-1136) M.VARGHESE VARGHESE(K/1014/2003) UMA R.KAMATH(K/622/2006) S.SANDHYA(K/81/2012) BEPIN PAUL(K/1215/2003) SHALU VARGHESE(K/322/2009) S.DEEPAK(K/733/2012) ANTONY THARIAN(K/000479/2018) ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -8- ## **`AJESH K. ANTONY(K/41/2022)`** ## **`K.S AKSHAY MOHAN`** ## **`RESPONDENTS:`** |**`1`**|**`V.RAVI VARMA THAMPAN, VENGANAD KOVILAKAM, KOLLENGODE`**| |---|---| ||**`VILLAGE, PALAKKAD.`**| |**`2`**|**`SARADA RAMACHANDRAN ALIAS V. SARADA`**| ||**`THAMPAN, KALARI KOVILAGOM, KOLLENGODE VILLAGE,,`**| ||**`PALAKKAD.`**| |**`3`**|**`V. MEENAKSHI ALIAS VIMALA THAMBATTI`**| ||**`IN DO. DO.`**| |**`4`**|**`V. VIJAYALAKSHMI ALIAS JAYASREE`**| ||**`IN DO. DO.`**| |**`5`**|**`V. JAYARAJAN RESIDING IN DO. DO.`**| |**`6`**|**`THE UNION OF INDIA REPRESENTED BY THE`**| ||**`SECRETARY, MINISTRY OF FINANCE,, NORTH BLOCK, NEW DELHI.`**| |**`7`**|**`THE CHIEF COMMISSIONER OF INCOME TAX`**| ||**`CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI - 18.`**| |**`8`**|**`THE INCOME TAX AND WEALTH TAX OFFICER`**| ||**`WARD II, AYAKAR BHAVAN, PALAKKAD-14.`**| |**`9`**|**`SRI.K.C. UNNI NAIR, ADVOCATE PALAKKAD.`**| |**`10`**|**`DR. V.R.S. KRISHNAN, VENKATESHA`**| ||**`HOSPITAL, PALAKKAD.`**| |**`11`**|**`SHRI.K. RADHAKRISHNAN, PATTIKARA`**| ||**`PALAKKAD.`**| |**`12`**|**`SHRI. T.R.K. DAS, KUNNUMPURAM, PALAKKAD.`**| |**`ADDL.R13`**|**`DHANALAKSHMI, W/O.LATE.K.RADHAKRISHNAN, “DHANALAKSHMI”,`**| ||**`NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014.`**| |**`ADDL.R14`**|**`K.R.PARTHASARATHY, S/O LATE K.RADHAKRISHNAN,`**| ||**`“DHANALAKSHMI”, NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD`**| ||**`PIN 678 014.`**| |**`ADDL.R15`**|**`NANDINI, D/O. LATE RADHAKRISHNAN, “DHANALAKSHMI”, NEAR`**| ||**`KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014.`**| **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -9- ``` ADDL.R16 K.R. BALAJI, S/O LATE K.RADHAKRISHNAN, “DHANALAKSHMI”, NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014. ``` ## **`ADDL.R17 K.R. PADMANABHAN, S/O LATE K.RADHAKRISHNAN,`** ``` “DHANALAKSHMI”, NEAR KRK MANDAPAM, PATTIKKARA, PALAKKAD PIN 678 014. ``` ``` ADDITIONAL R13 TO R17 ARE IMPLEADED AS PER ORDER DATED 01.02.2024 IN I.A. NO.14164 OF 2013 IN O.P NO.33731 OF 2002. ``` ``` BY ADVS. SRI.BINOY VASUDEVAN Vinod Bhat S SRI.ANIL SIVARAMAN SRI.H.BADARUDDIN SMT.P.G.BABITHA SRI.R.MANIKANTAN SMT.NILA. C.V. SMT.RAJI VINCENT SRI.R.RAMADAS SRI.R.D.SHENOY SR. SMT.B.SHAMEERA SRI.P.R.VENKATESH G.SREEKUMAR (CHELUR) ANAGHA LAKSHMY RAMAN(K/000767/2015) V.NAMITHA(K/1090/2011) GREESHMA CHANDRIKA.R(K/807/2020) ``` ``` THIS ORIGINAL PETITION HAVIN GBEEN FINALLY HEARD ON 1/2/2024, ALONG WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024 DELIVERED THE FOLLOWING: ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -10- ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 27[TH] DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 ``` ## **`WA NO. 1346 OF 2022`** ``` AGAINST THE JUDGMENT DATED 29.08.2022 IN IN WP(C) NO.19897 OF 2022 ``` ``` OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` PARTHASARATHY, AGED 54 YEARS, S/O.K.RADHAKRISHNAN, SHYAMA NIVAS, PARAMOUNT GARDEN, LANE-I, PIRAYIRI P.O., PALAKKAD DISTRICT - 678 004 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.MOHANKUMAR, S/O.KRISHNAN, AGED 54 YEARS, WEST HOUSE, VARODE P.O., KOTTAYI, PALAKKAD - 678 572. ``` ``` BY ADVS. Vinod Bhat S ANAGHA LAKSHMY RAMAN(K/000767/2015) GREESHMA CHANDRIKA.R(K/807/2020) V.NAMITHA(K/1090/2011) ``` ## **`RESPONDENTS/RESPONDENTS:`** - **`1 DISTRICT REGISTRAR, CIVIL STATION, PALAKKAD - 678 001.`** - **`2 SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, OLAVAKODE, OLAVAKODE P.O., PALAKKAD DISTRICT - 678 002.`** - **`3 V.RAVI VARMA THAMPAN, VENGANAD KOVILAKAM, KOLLENGODE VILLAGE, PALAKKAD - 678 506.`** - **`4 SUMANGALA DEVI SABARINATHAN, D/O.T.S.MENON, NOW RESIDING AT 'S.338', SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD DISTRICT - 678 007.`** **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -11- ``` 5 BHAGEERATHAN M.K., S/O.SANKARA GUPTAN, KIZHAKKUMPURATHU HOUSE, THRIPPALAMUNDA, PARASSERY POST, PALAKKAD - 678 631. ``` ``` BY ADVS. K.T.SHYAMKUMAR M.P.RAMNATH HARISH R. MENON K.N.ABHA A.G.PRASANTH K.S.SREEJA OASHIN LALAN ROHITH R. KARTHA ALEENA SEBASTIAN SREEVALSAKUMAR P.K. P.RAJESH (KOTTAKKAL) BEPIN PAUL S.SANDHYA SHALU VARGHESE K.S AKSHAY MOHAN UMA R.KAMATH M.VARGHESE VARGHESE S.DEEPAK ``` ``` THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 1/2/2024, ALONG WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024 DELIVERED THE FOLLOWING: ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -12- ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 27[TH] DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 ``` ``` WP(C) NO.32871 OF 2022 ``` ## **`PETITIONER:`** ``` BHAGEERATHAN M.K, AGED 62 YEARS, S/O. SANKARA GUPTAN, KIZHAKKUMPURATHU HOUSE, THRIPPALAMUNDA, PARASSERY POST, PALAKKAD, PIN – 678 631 ``` ``` BY ADVS. M.P.RAMNATH BEPIN PAUL S.SANDHYA SHALU VARGHESE K.S AKSHAY MOHAN UMA R.KAMATH P.RAJESH (KOTTAKKAL) M.VARGHESE VARGHESE S.DEEPAK ANTONY THARIAN ``` ## **`RESPONDENTS:`** - **`1 THE REVENUE DIVSIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALAKKAD, PIN – 678 001`** - **`2 TAHASILDAR, LAND RECORDS, TALUK OFFICE, PALAKKAD, PIN – 678 001`** - **`3 JAYAPRAKASH, S/O. VELAYUDHAN, PUNNAKKODU KALAM, MANJIRA, CHITTUR, PALAKKAD, PIN – 678 101`** - **`4 DR V.R S. KRISHNAN, S/O. RAJAPPAN, PRESENTLY RESIDING AT DENMAN PAREDU, NORMAN HUST, NEW SOUTH VEILS 2076, AUSTRALIA, PIN - 277634`** **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -13- ``` BY ADVS. GOVERNMENT PLEADER, Murthala Sayeed Thangal GANGADAS A.R. G.SREEKUMAR (CHELUR) ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ``` ``` 1/2/2024, ALONG WITH CRP.2819/2002 AND CONNECTED CASES, THE COURT ON 27.03.2024 DELIVERED THE FOLLOWING: ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -14- ## **`A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.`** ``` ------------------------------------------------ ``` **C.R.P. No.2819/2002, W.A.No.1346/2022,** **WPC 32871/2022, OPC 3827/2012 & OP 33731/2002 “C.R.”** ``` ------------------------------------------------ ``` ``` Dated this the 27[th] day of March, 2024 ``` ## **`J U D G M E N T`** ## **`A.Muhamed Mustaque, J.`** These matters of different nature of litigation revolve around a challenge made to the sale in O.S.No.1/1964 on the file of the District Court, Palakkad. The lead case in this batch, O.P.No.33731/2002 is filed invoking Article 227 of the Constitution. 2. Late V. Madhava Raja owned several parcels of land and properties. He had income tax, wealth tax and agricultural income tax dues. On his demise, a suit for partition was initiated. A preliminary **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -15- decree was passed. Based on the report of the Commissioner, all parties have agreed for the sale of Devi Vilasam Palace, Item No.9 of ‘C’ scheduled property in the preliminary decree; this was to clear income tax arrears. The property was sold in auction based on the orders of the Court on 08.04.1992 for Rs.31,15,000/-. Bidders were Dr.V.R.S.Krishnan, K.Radhakrishnan and T.R.K.Das. This was not a sale in execution. It can be treated as a sale invoking Rule 234 of Civil Rules of Practice. The sale was also confirmed. There were several intervening litigations. We are not referring to the entire litigation as the scope of present litigation is centered around the power of this Court invoking Article 227 of the Constitution to knock down a sale conducted pursuant to the agreement between the parties. However, we want to refer to the litigation challenging the sale invoking Order 21 Rule 90 Civil Procedure Code. This challenge went upto the Hon’ble Supreme Court and the Supreme Court put an end to the litigation finally negating the challenge. 3. The challenge was made under Order 21 Rule 90 CPC as though the sale took place pursuant to execution proceedings. The above challenge was made by legal heirs of co-shares, mainly Janaki S. Menon and others. The property was originally sold among sharers; however they could not pay the amount within time. Thereafter, the District Court sold **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** **==> picture [22 x 8] intentionally omitted <==** the property in a public auction. Janaki and others filed an application to set aside the same on the ground that the auction purchaser did not deposit the entire amount within time. The District Court also extended the time for the auction purchaser to deposit the sale consideration. Revisions were filed before this Court; this Court dismissed the revision. Thereupon, the matter was carried to the Apex Court. It was specially urged before the Apex Court that the property was sold in auction on a factum which everyone believed true that there were arrears of tax. Since it came out that no amount was due, the sale has to be set aside. The Apex Court after referring to the documents produced, opined that these two documents do not indicate there was no amount due from the assessee and noting that certificate issued by the Income Tax Officer indicating dues, dismissed the challenge. ## I. O.P. No.33731/2002 : 4. This original petition was filed on the ground that the Court below committed mistake in ordering sale. According to the petitioner, the Court acted on the proposal put forth by Adv. P.B. Menon, suggesting that rather than the tax department attaching the property, the Court could sell the property to liquidate the liability that is due to the tax department. This suggestion was accepted by all counsels. The court **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** **==> picture [22 x 8] intentionally omitted <==** below passed an order on 28.01.1983 ordering the sale of the above property (Item No.9 - Devi Vilasam palace). After the challenge made under Order 21 Rule 90 CPC, it has come out that actually there were no dues to the tax department. Therefore, the challenge has been now raised to set aside the sale on the ground that consent was obtained under mistake of fact and court assumed the jurisdiction to sell the property on the wrong foundational facts. And therefore, sale conducted by the court is liable to be declared as illegal and void. According to them no parties should suffer by act of Court, and it is the Court that committed wrong by ordering sale of the property. 5. In the course of the hearing we obtained a report from the District Judge Palakkad that the amount deposited by the bidders remained intact and it was not utilised for the purpose of discharging tax liability. It appears that based on subsequent litigation the tax liability has been reversed. The tax liability appears to have been fixed treating assessee as Hindu Undivided Family, and based on the litigation before this Court it was reversed noting that no such tax recoverable consequent upon disruption of the joint family. The question is whether this court should exercise its power under Article 227 of the Constitution of India. **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** **==> picture [22 x 8] intentionally omitted <==** 6. The sale based on an agreement in a suit for partition is nothing but a sale acting upon the compromise of the parties. In a suit for partition, it is possible for the parties to enter into a compromise to sell the property. That means, insofar as that agreement and order thereon, it attained the status of a compromise decree. A decree is defined under Section 2(2) of the Civil Procedure Code as a “formal expression of adjudication”, where the Court conclusively determines the right of parties with regard to all or any controversies in this matter. The following are essential characters of decree: i. A conclusive decision is taken in a suit. ii. The decision must have been on the right of the parties with regard to any matter in controversy in the suit. iii. If finally determined the rights of the parties. iv. the decision of the Court formally expressed on such controversy in the suit. v. On determination, nothing left for the parties for future except by recourse to challenge by way of appeal or otherwise. **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -19- ## 7. The Hon’ble Supreme Court in **Bimal Kumar and another v. Shakunata Debi and other [2012 (3) SCC 548]** was of the view that when a decree is passed on the bedrock of a compromise, covering all aspects, leaving nothing to be done in future, and when the court definitively concludes the matter by giving its stamp of approval, it becomes a final decree. 8. In this case (O.P. No.33731/2002), the parties unanimously agreed to sell item No.9. That means, the issue is finally determined by the order of the Court which accepted the agreement of the parties. The decision of the parties was given a seal of approval by the Court by ordering sale. That order is a decree for all practical purposes. This sale cannot be considered as a sale by exercising power under Section 2 of the Partition Act, 1893. The above provision relates to the power of the Court. This sale is purely based on the agreement between the parties. Therefore, the sale cannot be seen in isolation of the compromise entered between the parties in regard to the item no 9. This order passed by the court, based on the agreement is nothing but a decree so far as it is related to item No 9. 10. In a matter like this, when the Court orders a sale acting upon the agreement of the parties, the court is only following the procedure **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -20- under Rule 234 of Civil Rules of Practice based on compromise decree. If the foundation for the agreement is lost, it cannot be cured after the sale is completed. The sale cannot be said invalid or illegal at the time it took place. The property was sold on 15.06.1992. The reassessment of the wealth tax was made only on 17/10/2002. The prayers in this case are challenging the orders of sale. The sale cannot be challenged without reopening the decision to sell the property. As we already noted, the sale was pursuant to compromise. If the compromise is not questioned in any form before any competent court or before the court which passed the decree, the sale cannot be questioned invoking Article 227 of the Constitution of India. In view of the above, the challenge in O.P.No. 33731 of 2002 must fail. Accordingly, the original petition is dismissed. ## II. C.R.P.No. 2819/2002: 11. This civil revision petition was filed challenging an order of the District Court, Palakkad, allowing an application filed by the bidders seeking vacant possession of the Devi Vilasam Palace and compound. In the light of the fact that there is no scope for interference in this matter, the civil revision petition is dismissed. **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -21- ## III. O.P.(C)No.3827/2012: 12. This original petition was also filed for a declaration that the sale of Item No.9 Devi Vilasam Palace is null and void. In the light of the discussion regarding the challenge in the lead case, this original petition is also dismissed. ## IV. W.A. No.1346 of 2022: 13. This writ appeal was filed by One Parthasarathy. He is one of the legal heirs of the auction purchaser. He approached this Court as some of the heirs executed the sale deed ignoring the sale effected in favour of his predecessor-in-interest. The learned Single Judge dismissed the challenge with liberty to the writ petitioner to move the appropriate Court. We note that any act defeating the order of the Court and sale taken place will have to be noted by the registering authority concerned. We, therefore, direct the District Court, Palakkad, to act upon any request made by the appellant in appropriate form, seeking any relief in regard to the property covered by the sale. We relegate the appellant to move the District Court for appropriate relief for intimating the registering authority concerned to record the sale in accordance with law. The writ appeal is disposed of as above. **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** **==> picture [20 x 8] intentionally omitted <==** ## V. W.P.(C).No. 32871/2022: 14. This writ petition is filed by one Bhageerathan M.K. who challenges an order of the Revenue Divisional Officer, Palakkad, cancelling _thandaper_ till a final decision is taken in regard to the sale in O.S. No.1/1964. It appears that the petitioner purchased the property from one of co-shares ignoring the sale. In the light of the fact that we have not interfered with the sale, the writ petition is only to be dismissed. The writ petition is, accordingly, dismissed. ``` Sd/- ``` ``` A.MUHAMED MUSTAQUE, JUDGE ``` ``` Sd/- ``` ``` SHOBA ANNAMMA EAPEN, JUDGE ``` ``` PR/ms ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -23- ## **`APPENDIX OF OP C 3827/201`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1 A TRUE COPY OF THE ORDER DATED 28.1.1983 IN IA NO.953/74 IN OS NO.1/64 ON THE FILE OF THE DISTRICT COURT. ``` ``` EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.09.1983 IN CRP NO.521, 525 AND 539 OF 1983 PASSED BY THIS HON'BLE COURT. EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 13.01.1992 STATED TO BE ISSUED BY ONE OF THE JOINT COMMISSIOENRS TO ONE OF THE RESIDENTS OF DEVI VILAS PALACE SHARERS AND PRODUCED BY RESPONDETNS 1 TO 3 ALONG WITH THEIR WRIT PETITION. EXHIBIT P4 A TRUE COPY OF THE APPLICTION DATED 13.02.1993 SUBMITTED BY SRI.P.B. MENON, COUNSEL FOR THE DEFENDANT NO.7 IN THE SUIT WITH THE ORDERS ENDORSED THEREON. EXHIBIT P5 A TRUE COPY OF THE SALE NOTICE DATED 16.05.1992. EXHIBIT P6 A TRUE COPY OF THE AFFIDAVIT DATED 10.7.1992 FILED BY SMT.C.N. SARASWATHY IN SLP NO.8040/1992. EXHIBIT P7 A TRUE COPY OF THIS ORDER DATED 27.11.1995 IN SLP (CIVIL) NO.25624-25/1995. EXHIBIT P8 A TRUE COPY OF THE REPLY AFFIDAVIT DATED 14.12.1995 FILED IN SLP (C) NO.25624-25/1995. EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION FROM THE WEALTH TAX AUTHORITIES BEARING NO.HN 7371/W.2/PGT DATED 6.12.1995. EXHIBIT P10 A TRUE COPY OF THE NOTICE DATED 8.9.1989 ISSUED UNDER SECTION 30 OF THE WEALTH TAX ACT ISSUED TO THE JOINT COMMISSIONERS. EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 9.4.2002 IN O.P. NO.28303 OF 1999 EXHIBIT P12 A TRUE COPY OF THE INTERIM ORDER DATED 24.06.2002 IN WA NO.1479 OF 2002. ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -24- |**`EXHIBIT P13`**|**`A TRUE COPY OF THE PROCEEDINGS`**|**`NO.ITO:W2:PKD.HN`**|**`NO.ITO:W2:PKD.HN`**| |---|---|---|---| ||**`7371:02.03. DATED 09.10.2002`**||| |**`EXHIBIT P14`**|**`A TRUE COPY OF THE PROCEEDINGS OF THE`**||**`WEALTH`**| ||**`TAX`**<br>**`OFFICER,`**<br>**`WARD`**<br>**`II,`**|**`PALAKKAD`**|**`DATED`**| ||**`17.10.2002.`**||| |**`EXHIBIT P15`**|**`A STATEMENT DATED NIL SHOWING`**|**`THE TOTAL`**|**`AMOUNT`**| ||**`OF REFUND THAT IS DUE AS ON`**|**`15.6.1992,`**|**`I.E.,`**| ||**`THE DATE OF SALE.`**||| **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -25- ## **`APPENDIX OF OP 33731/2002`** ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT P1 TRUE COPY OF THE ORDER DATED 28.1.1983 IN I.A. NO.953/74 IN O.S. NO.1/1964 ON THE FILE OF THE DISTRICT COURT, PALAKKAD. ``` ``` EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.09.1983 IN C.R.P. NO.521, 525 & 539 OF 1983 PASSED BY THE HON'BLE HIGH COURT OF KERALA. ``` ``` EXHIBIT P3 TRUE COPY OF THE LETTER DATED 13.1.1992 ISSUED BY ONE OF THE JOINT COMMISSIONERS TO ONE OF THE RESIDENTS OF DEVIE VILAS PALACE. ``` ``` EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 12.2.1992 SUBMITTED BY SRI.P.B. MENON, COUNSLE FOR DEFANDANT NO.7. ``` - **`EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED 16.05.1992 IN O.S. NO.1/1964 ON THE FILE OF THE DISTRICT COURT OF PALAKKAD.`** - **`EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT DATED 10.07.1992 FILED BY SMT.C.N. SARASWATHY IN SLP NO.8040/92 BEFORE THE HON'BLE SUPREME COURT.`** ``` EXHIBIT P7 TRUE COPY OF THE ORDER DATED 27.11.1995 IN SLP (CIVIL) NO.25624-25/1995 BEFORE THE HON'BLE SUPREME COURT. EXHIBIT P8 TRUE COPY OF THE REPLY AFFIDAVIT DATED 14.12.1995 IN SLP (CIVIL) NO.25624-25/1995 BEFORE THE HON'BLE SUPREME COURT. EXHIBIT P9 TRUE COPY OF THE COMMUNICATION BEARING NO.HN.7371/W.2/PGT DATED 6.12.1995 ISSUED BY THE WEALTH TAX AUTHORITIES. EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 8.09.1989 ISSUED UNDER THE WELATH TAX ACT TO THE JOINT COMMISSIONERS. ``` ``` EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 9.4.2002 IN OP NO.28303/1999 PASSED BY THE HON'BLE HIGH COURT OF KERALA. ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -26- ``` EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 24.06.2002 IN W.A. NO.1479/2002 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS NO.ITO:W2:PKD.HN.737:02-03 DATED 09.10.2002 ON THE FILE OF THE INCOME TAX OFFICER. EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS OD THE WEALTH TAX OFFICER, WARD II, PALAKKAD, DATED 17.10.2002. EXHIBIT P15 TRUE COPY OF THE STATEMENT DATED NIL SHOWING THE TOAL AMOUNT OF REFUND THAT IS DUE TO THE PETITIONERS AS ON 15.06.1992 I.E., ON THE DATE OF SALE FROM THE INCOME TAX AUTHORITIES. EXHIBIT P16 TRUE COPY OF THE STATEMENT FILED BY THE RESPONDENT NO.3 IN WA NO.1479 OF 2002 DATED 23.02.2005. EXHIBIT P17 DATED 20.10.2001, TRUE COPY OF THE AGREEMENT. EXHIBIT P18 DAED 10.09.2004, TRUE COPY OF THE AGREEMENT. EXHIBIT P19 DATED 14.2.1983, TRUE COPY OF THE DEED OF ASSIGNMENT, DOC.NO.662 OF 1983, SRO, PALAKKAD. EXHIBIT P20 DATED 28.1.1992, TRUE COPY OF THE COMMUNICATION D.O.46002-MN-7371/W2/PGT. ISSUED BY THE INCOME TAX OFFICER, WARD-2, PALGHAT TO THE TAX RECOVERY OFFICER, THRISSUR. ``` - **`EXHIBIT R10(a) TRUE COPY OF THE ORDER DATED 5.08.2002 IN CRP 1119/97 OF THIS HON'BLE COURT.`** - **`Exhibit R10 (1) A TRUE COPY OF THE I.A. NO. 743/1984 IN O.S. NO. 1/1964 ON THE FILES OF DISTRICT COURT, PALAKKAD DATED 26-03-1985`** - **`Exhibit R10 (2) A TRUE COPY OF THE I.A. NOS. 747/1992, 796/1992 & 733/1992 IN I.A. NO. 952/1974 IN O.S. NO. 1/1964 ON THE FILES OF DISTRICT COURT, PALAKKAD DATED 16-08-1995`** - **`Exhibit R10 (3) A TRUE COPY OF THE JOINT COMMISSION REPORT DATED 18-08-1995 IN I.A. NO. 953/1974 IN O.S. NO. 1/1964 ON THE FILES OF DISTRICT COURT, PALAKKAD`** ``` ANNEXURE 1 TRUE PHOTOCOPY OF THE REGISTERED WILL NO.79/08 DATED 20.05.2009 AT THE SRO, PALAKKAD. ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -27- |**`ANNEXURE`**|**`A`**|**`DATED 14.2.1983, TRUE COPY OF DOC.NO.662 OF`**| |---|---|---| |||**`1983, SRO, PALAKKAD.`**| |**`ANNEXURE`**|**`B`**|**`DATED 28.2.1986, TRUE COPY OF DOC.NO.1168 OF`**| |||**`1986, SRO, PALAKKAD.`**| |**`ANNEXURE`**|**`C`**|**`DATED 3.3.1986, TRUE COPY OF TGHE DOC.NO.1220`**| |||**`OF 1986, SRO, PALAKKED.`**| |**`ANNEXURE`**|**`D`**|**`DATED NIL, GENEALOGY TABLE OF PERSONS SEEKING`**| |||**`IMPLEADMENT.`**| |**`ANNEXURE`**|**`1`**|**`TRUE COPY OF ORDER DATED 4.10.1996 IN CIVIL`**| |||**`APPEAL NO.13216 AND 13217/1996 OF THE SUPREME`**| |||**`COURT REPORTED IN (1997) 2 SCC 623.`**| |**`ANNEXURE`**|**`2`**|**`CERTIFIED COPU OF THE SALE DEED NO.215/2022 OF`**| |||**`SRO, OLAVAKODE DATED 28.1.2022.`**| **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -28- ## **`APPENDIX OF WA 1346/2022`** ## **`RESPONDENT ANNEXURES`** ``` EXHIBIT 1 TRUE COPY OF ORDER DATED 4.10.196 IN CIVIL APPEAL NO.13217/1996 OF THE SUPREME COURT REPORTED IN (1997) 2 SCC 623 EXHIBIT 2 CERTIFIED COPY OF THE SALE DEED NO.215/2022 OF SRO, OLAVAKODE DATED 28.1.2022 ``` |**`PETITIONER ANNEXURES`**|| |---|---| |**`ANNEXURE 1`**|**`TRUE COPY OF PROCEEDINGS OF THE RDO DATED`**| ||**`21.09.2022 ALONG WITH ENGLISH TRANSLATION.`**| |**`Annexure 2`**|**`TRUE COPY OF THE PETITION DATED 4.2.2023 FILED`**| ||**`BY THE APPELLANT.`**| |**`Annexure 3`**|**`TRUE COPY OF RECEIPT RECEIVED FROM THE PALAKKAD`**| ||**`TOWN NORTH POLICE STATION DATED 4.2.2023`**| |**`Annexure 4`**|**`TRUE COPY OF REPRESENTATION DATED 6.2.2023`**| ||**`SUBMITTED BY THE APPELLANT BEFORE THE CI OF`**| ||**`POLICE`**| |**`Annexure 5`**|**`PHOTOGRAPHS SHOWING THE ATROCIOUS ACTS OF THE`**| ||**`5TH RESPONDENT AND HIS MEN`**| |**`RESPONDENT ANNEXURES`**|| |**`ANNEXURE R(5)-1`**|**`TRUE PHOTOSTAT COPY OF INTERIM ORDER DATED`**| ||**`18.10.2022 IN WPC NO.23871 OF 2022 OF THE`**| ||**`HONOURABLE HIGH COURT OF KERALA`**| |**`ANNEXURE R(5)-2`**|**`TRUE`**<br>**`PHOTOSTAT COPY`**<br>**`OF`**<br>**`THE`**<br>**`ORDER`**<br>**`DATED`**| ||**`30.01.2023`**<br>**`IN`**<br>**`WPC`**<br>**`NO.23871/2022`**<br>**`OF`**<br>**`THE`**| ||**`HONOURABLE HIGH COURT OF KERALA WHEREBY THE`**| ||**`INTERIM ORDER IS EXTENDED BY TWO MONTHS.`**| |**`Annexure R(5)-3`**|**`THE TRUE PHOTOSTAT COPY OF THE LETTER DATED`**| ||**`26.01.2023`**<br>**`ISSUED`**<br>**`BY`**<br>**`MUHAMMED`**<br>**`BASHEER,`**| ||**`COUNCILOR WARD NO.16, PALAKKAD MUNICIPALFTY, TO`**| ||**`THE 5TH RESPONDENT`**| |**`Annexure R(5)-4`**|**`THE TRUE PHOTOSTAT COPY OF THE LETTER DATED`**| ||**`28.01.2023 GIVEN BY THE PRESIDENT OF THE PANDIT`**| ||**`MOTILAL GOVERNMENT HISHER SECONDARY SCHOOL,`**| ||**`PALAKKAD TO THE 5TH RESPONDENT`**| **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -29- ``` Annexure R(5)-5 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 03.02.2023 AS ISSUED BY THE PALAKKAD AREA COMMITTEE OFFICE OF THE COMMUNIST PARTY OF INDIA (MARXIST) POLITICAL PARTY, TO THE 5TH RESPONDENT ``` ## **`RESPONDENT ANNEXURES`** ``` Annexure C1 VALUATION TABLE OF TREES CUT FROM THE PROPERTY PREPARED BY THE RANGE FOREST OFFICER ``` **CRP No.2819/2002, WA 1346/2022, WPC 32871/2022, OPC 3827/2012 & OP 33731/2002** -30- ## **`APPENDIX OF WP(C) 32871/2022`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 TRUE COPY OF ASSIGNMENT DEED REGISTERED AS DOC. NO. 215/2022 OF SRO, OLAVAKKODE EXECUTED IN FAVOUR OF THE PETITIONER AND HIS WIFE. ``` ``` EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT DATED 3.12.2021 ISSUED BY THE VILLAGE OFFICER, PALAKKAD I VILLAGE IN THE NAME OF SUMANGALA DEVI. ``` ``` EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.2.2022 ISSUED BY THE VILLAGE OFFICER, PALAKKAD I VILLAGE IN THE NAME OF THE PETITIONER AND HIS WIFE. EXHIBT P4 TRUE COPY OF THE JUDGMENT DATED 29.8.2022 IN WP(C) NO. 19897/2022 PASSED BY THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 24.9.2022. EXHIBIT P6 TRUE COPY OF THE APPEAL FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT AND DATED 1.6.2022. EXHIBIT P7 TRUE COPY OF THE REPLY 30.9.2022 ISSUED BY THE 1ST RESPONDENT UNDER RIGHT TO INFORMATION ACT ALONG WITH ITS ENCLOSURES. EXHIBIT P8 TRUE COPY OF ORDER NO. C-3192/22 DATED 21.9.2022 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF COMPLAINT DATED 11.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, PALAKKAD ALONG WITH ITS RECEIPT ```