High Court of KeralaDivision Bench2023-11-07Dismissed

Gopakumar B Nair v. State of Kerala

Case / Petition Number:WA No. 1890 of 2023; WA No. 1891 of 2023; WA No. 1899 of 2023; WA No. 1904 of 2023

Neutral Citation:/null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. J. Desai
V. G. Arun
Judgment Date: 2023-11-07
Court Decision / Holding: Writ appeals are dismissed; no interference with the impugned judgment. The court affirmed the learned Single Judge’s refusal to quash the four FIRs and accepted the position that no appeal lies under Section 5 of the Kerala High Court Act against such orders, irrespective of nomenclature.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

Gopakumar B NAIR

Respondents

State of Kerala
Assistant Commissioner of Police, Kazhakkootam
Station House Officer, Medical College Police Station
Krishnakumar S/o Sukumar Vaidayar
Ramachandran Nair S/o Gopal Panicker
Ajith Kumar Haridas Padmala yam
Jaya Vijayan W/o Ajithkumar Haridas
Thampi Prabhakaran Karthika
(additional respondents as per connected WA Nos.)

Legal Representation & Advocates

Counsels for Petitioners

• C.S. Manu
• Dilu Joseph
• C.A. Anupaman
• T.B. Sivaprasad
• C.Y. Vijay Kumar
• Manju E.R.
• Anandhu Satheesh
• Alint Joseph
• Paul Jose

Case Synopsis & Summary

This is a set of writ appeals filed by the appellant, Gopakumar B NAIR, challenging a common judgment dated 09.10.2023 by a learned Single Judge of the Kerala High Court, which refused to entertain writ petitions under Article 226/227 of the Constitution or under Section 482 CrPC to quash four FIRs registered at the Medical College Police Station, Thiruvananthapuram (Crimes 349/2023, 350/2023, 340/2023, 339/2023). The four Appeals (WA Nos. 1890, 1891, 1899 & 1904 of 2023) arise from the same factual background and seek quashing of investigation proceedings on grounds that the petitions to quash were not maintainable by a writ appeal, and that continuation of the proceedings constitutes abuse of process or illegality. The State, in defence, relied on the settled position that petitions under Section 482 CrPC are not amenable to writ appeals challenging the Common Judgment, irrespective of nomenclature. During hearing, the Government Pleader invoked a decision in Alfa One Global Builders Pvt. Ltd. v. Nirmala Padmanabhan (2023 KHC 701), which held that no appeal lies under Section 5 of the Kerala High Court Act against orders dealing with 482 CrPC petitions. The Division Bench dismisses the appeals, affirming the impugned judgment and endorsing the limited scope of relief in such matters. The case file also references various documents including FIRs, RERA certificates, and agreements.

Provisions of Law Cited

Section 5 of the Kerala High Court ActArticle 226 of the Constitution of IndiaArticle 227 of the Constitution of IndiaSection 482 of the Code of Criminal Procedure (CrPC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the High Court’s refusal to quash the criminal proceedings under Section 482 CrPC is a matter which could be examined by invoking virtue of Article 226/227 and by exercising the inherent powers under Section 482 CrPC. They challenge the maintainability of seeking relief via a writ petition or writ appeal against the order to quash or not quash such proceedings, arguing that there are omissions in the investigation or abuse of process that merits quashing. They rely on documents annexed to WP(Crl) petitions, including the villa-project registrations (RERA), sale deeds, and related notices, to show irregularities in the real estate project and to claim violations affecting due process. The appellants further submit that the decision in Alfa One Global Builders Pvt. Ltd. v. Nirmala Padmanabhan (2023 KHC 701) supports their position that the remedy under Section 5 of the Kerala High Court Act should not bar a challenge to the quashing order via a writ petition or appeal where the quashment itself is under Section 482 CrPC.

Contentions of Respondents

The respondents argue that the petitions under Section 482 CrPC were rightly adjudicated by the learned Single Judge and that the remedy is not amenable to a writ appeal under Section 5 of the Kerala High Court Act. They contend that the nature of the investigation and proceedings under the four FIRs do not warrant quashing, as there are substantive prima facie materials that justify continuation. They rely on the principle that an order dealing with quashing under 482 CrPC is not revisable by a separate writ appeal, and that the correct course for relief lies in invoking the constitutional remedies or the statutory mechanism under CrPC, rather than a writ appeal seeking to override the High Court’s transfer or quashing of proceedings. They also rely on the Alfa One Global Builders decision to emphasize that the remedy is not under Section 5.”

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Alfa One Global Builders Pvt. Ltd. v. Nirmala Padmanabhan	2023 KHC 701	Positive	The High Court relied on this decision to hold that no appeal lies under Section 5 of the Kerala High Court Act against orders dealing with petitions under Section 482 CrPC, irrespective of whether the petition is framed under Article 226/227 or otherwise.

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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 THE CHIEF JUSTICE MR. A.J.DESAI** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA,** ## **1945** **WA NO. 1890 OF 2023** **CRIME NO.349/2023 OF Medical College Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT WP(Crl.) 375/2023 OF HIGH** ## **COURT OF KERALA** ## **APPELLANT/S:** GOPAKUMAR B NAIR AGED 59 YEARS S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER, SOLE PROPRIETOR OF GBN SPACES, 5A SKYLINE PLAZA APARTMENTS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH PAUL JOSE ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 ASSISTANT COMMISSIONER OF POLICE KAZHAKKOOTTAM, KAZHAKKOOTTAM P.O, THIRUVANANTHAPURAM DISTRICT,, PIN - 695522 W.A.Nos.1890, 1891, 1899 & 1904 of 2023 **==> picture [16 x 8] intentionally omitted <==** 3 STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695011 4 K.V SUGUNAN S/O M.N VASU, TC 18/1056, KAIRALI NAGAR, KURAVANKONAM, KOWDIAR VILLAGE, MUTTADA WARD, THIRUVANANTHAPURAM, PIN - 695003 ## **OTHER PRESENT:** SR.GP.T.K.VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH WA.1891/2023, 1899/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -3- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **WA NO. 1891 OF 2023** **CRIME NO.340/2023 OF Medical College Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT WP(Crl.) 378/2023 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** GOPAKUMAR B. NAIR AGED 59 YEARS S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER, SOLE PROPRIETOR OF GBN SPACES, 5A SKYLINE PLAZA APARTMENTS, VELLAYAMBALAM, THIRUVANANTHAPURAM,, PIN - 695010 BY ADVS. C.S.MANU C.A.ANUPAMAN DILU JOSEPH T.B.SIVAPRASAD MANJU E.R. C.Y.VIJAY KUMAR ANANDHU SATHEESH PAUL JOSE ALINT JOSEPH ## **RESPONDENT/S:** 1 STATE OF KERALA W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -4- REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 ASSISTANT COMMISSIONER OF POLICE KAZHAKKOOTTAM, KAZHAKKOOTTAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695582 3 STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695011 4 KRISHNAKUMAR S/O SUKUMARAN VAIDYAR, TC 17/1297, NEAR CAPITAL GAS AGENCY CHALAKKUZHY, PATTOM WARD, PATTOM VILLAGE, THIRUVANANTHAPURAM, PIN - 695004 ## **OTHER PRESENT:** SR.GP.K.P.HARISH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH WA.1890/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -5- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **WA NO. 1899 OF 2023** **CRIME NO.350/2023 OF Medical College Police Station,** **Thiruvananthapuram** **AGAINST THE ORDER/JUDGMENT WP(Crl.) 377/2023 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** GOPAKUMAR B. NAIR AGED 59 YEARS S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER, SOLE PROPRIETOR OF GBN SPACES, 5A SKYLINE PLAZA APARTMENTS, VELLAYAMBALAM, THIRUVANANTHAPURAM,, PIN - 695010 BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN C.Y.VIJAY KUMAR T.B.SIVAPRASAD ALINT JOSEPH MANJU E.R. ANANDHU SATHEESH PAUL JOSE ## **RESPONDENT/S:** 1 STATE OF KERALA W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -6- REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 2 ASSISTANT COMMISSIONER OF POLICE KAZHAKKOOTTAM, KAZHAKKOOTTAM P.O, THIRUVANANTHAPURAM,, PIN - 695582 3 STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695011 4 RAMACHANDRAN NAIR S/O GOPALA PANICKER, RUGMINI MANDIRAM, PARAVOOR P.O., NEAR RAILWAY STATION, PARAVOOR, WARD NO.12, PARAVOOR VILLAGE, KOLLAM DISTRICT, PIN - 691301 ## **OTHER PRESENT:** SR.GP.K.P.HARISH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH WA.1890/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -7- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 7[TH] DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945** **WA NO. 1904 OF 2023** **CRIME NO.339/2023 OF Medical College Police Station,** **Thiruvananthapuram** **AGAINST THE ORDER/JUDGMENT WP(Crl.) 383/2023 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** GOPAKUMAR B. NAIR AGED 59 YEARS S/O THE LATE BALAKRISHNAN NAIR, LAND DEVELOPER AND BUILDER, SOLE PROPRIETOR OF GBN SPACES, 5A SKYLINE PLAZA APARTMENTS, VELLAYAMBALAM, THIRUVANANTHAPURAM,, PIN - 695010 BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN MANJU E.R. T.B.SIVAPRASAD C.Y.VIJAY KUMAR ALINT JOSEPH ANANDHU SATHEESH PAUL JOSE ## **RESPONDENT/S:** 1 STATE OF KERALA W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -8- - REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 - 2 ASSISTANT COMMISSIONER OF POLICE KAZHAKKOOTTAM, KAZHAKKOOTTAM - P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695582 - 3 STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695011 - 4 AJITH KUMAR HARIDAS PADMALAYAM, TC 28/2347, CHETTIKULANGARA, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035 - 5 JAYA VIJAYAN W/O.AJITHKUMAR HARIDAS,PADMALAYAM, TC 28/2347, CHETTIKULANGARA, VANCHIYOOR P.O., THIRUVANANTHAPURAM,, PIN - 695035 - 6 THAMPI PRABHAKARAN KARTHIKA, CHARLES LANE, BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695011 ## **OTHER PRESENT:** SR.GP.T.K.VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.11.2023, ALONG WITH WA.1890/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.1890, 1891, 1899 & 1904 of 2023 **==> picture [16 x 9] intentionally omitted <==** ## **JUDGMENT** Dated this the 07[th] day of November, 2023 ## _**A.J.Desai, C.J.**_ The present appeals have been filed by the original petitioners of W.P.(Crl) Nos.375, 377, 378 and 383 of 2023, challenging the common judgment dated 09.10.2023, by which, the learned single Judge has refused to entertain the writ petitions seeking to quash all proceedings in FIR in Crime Nos.349, 350, 340 and 339 of 2023 of Medical College Police Station, Thiruvananthapuram. 2. Today, when the appeals are called out, the learned Government Pleader has placed a decision in _**Alfa One Global Builders Pvt.Ltd v.**_ _**Nirmala Padmanabhan [2023 KHC 701]**_ , wherein this W.A.Nos.1890, 1891, 1899 & 1904 of 2023 **==> picture [23 x 9] intentionally omitted <==** Court has categorically held that no appeal would lie under Section 5 of the Kerala High Court Act against an order passed by the High Court, while dealing with a petition to quash the criminal proceedings by exercising the power under Section 482 of the Code of Criminal Procedure, irrespective of the nomenclature under which the petition is filed, whether it be under Article 226 or 227 of the Constitution of India. In view of the above observation, we do not find any reason to interfere with the impugned judgment. The writ appeals are hence dismissed. **Sd/-** ## **A.J.Desai** ## **Chief Justice** ## **sd/-** **V.G.Arun Judge** Scl/ W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -11- ## **APPENDIX OF WA 1891/2023** PETITIONER EXHIBITS Exhibit P-1 in WP(Crl) No.378 of 2023 Exhibit P-2 in WP(Crl) No.378 of 2023 Exhibit P-3 in WP(Crl) No.378 of 2023 Exhibit P-4 in WP(Crl) No.378 of 2023 Exhibit P-5 in WP(Crl) No.378 of 2023 Exhibit P-6 in WP(Crl) No.378 of 2023 Exhibit P-7 in WP(Crl) No.378 of 2023 Exhibit P-8 in WP(Crl) No.378 of 2023 Annexure A-1 TRUE COPY OF THE FIR REGISTERED IN CRIME NO. 340 OF 2023 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM CITY ALONG WITH TRANSLATION TRUE COPY OF THE AGREEMENT DATED 12-122017 EXECUTED BY MR, KRISHNAKUMAR AND HIS WIFE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VILLA PROJECT DATED 26-11-2022 ISSUED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY (RERA), THIRUVANANTHAPURAM TO THE PETITIONER TRUE COPY OF THE LAWYER NOTICE DATED 285-2022 ISSUED BY THE PETITIONER THROUGH HIS LAWYER TO THE DE-FACTO COMPLAINANT AND HIS WIFE TRUE COPY OF THE SALE DEED REGISTERED AS DOCUMENT NO.5340/2006 OF PRINCIPAL SRO, THIRUVANANTHAPURAM TRUE COPY OF THE ORDER DATED 11-6-2020 , IN CRL.MC NO.4318 OF 2018 PASSED BY THIS HON'BLE COURT TRUE COPY OF THE COMPLAINT NO. 16 OF 2023 ON THE FILE OF THE REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM FILED BY THE PETITIONER AGAINST THE 4TH RESPONDENT AND HIS WIFE TRUE CERTIFIED COPY OF THE FIR ALONG WITH THE FIS IN CRIME NO. 340 OF 2023 ON THE FILES OF THE MEDICAL COLLEGE POLICE $TATION,THIRUVANANTHAPURAM DISTRICT ISSUED BY THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT THIRUVANANTHAPURAM TRUE COPY OF THE JUDGEMENT DATED 12-7-2006 IN O.P.NO. 34791 OF 2001 W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -12- ## **APPENDIX OF WA 1899/2023** PETITIONER EXHIBITS Exhibit P-1 in WP TRUE COPY OF THE FIR REGISTERED IN (Crl) No. 377 of CRIME NO. 350 OF 2023 OF MEDICAL 2023 COLLEGE POLICE STATION, THIRUVANANTHAPURAM CITY ALONG WITH ENGLISH TRANSLATION Exhibit 2 TRUE COPY OF THE AGREEMENT DATED 1102- 2018 EXECUTED BY MR. RAMACHANDRAN NAIR IN FAVOUR OF THE PETITIONER Exhibit P-3 in WP TRUE COPY OF THE CERTIFICATE OF (Crl) No. 377 of REGISTRATION OF THE VILLA PROJECT 2023 DATED 26-11-2022 ISSUED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY (RERA), THIRUVANANTHAPURAM TO THE PETITIONER Exhibit P-4 in WP (Crl) No. 377 of 2023 Exhibit P-5 in WP (Crl) No. 377 of 2023 Exhibit P-6 in WP (Crl) No. 377 of 2023 Exhibit P-7 in WP (Crl) No. 377 of 2023 Exhibit P-8 in WP (Crl) No. 377 of 2023 Exhibit P-9 filed along with I.A No.2 of 2023 in WP(Crl) No. 377 od 2023 TRUE COPY OF THE LAWYER NOTICE DATED 28- 5-2022 ISSUED BY THE PETITIONER THROUGH HIS LAWYER TO THE DE-FACTO COMPLAINANT TRUE COPY OF THE SALE DEED REGISTERED AS DOCUMENT NO.5335/2006 OF PRINCIPAL SRO, THIRUVANANTHAPURAM TRUE COPY OF THE ORDER DATED 11-6-2020 IN CRL .MC NO.4318 OF 2018 PASSED BY THIS HON'BLE COURT TRUE COPY OF THE COMPLAINT DATED 1911- 2022 FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION TRUE COPY OF THE COMPLAINT NO. 17 OF 2023 ON THE FILE OF THE REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM FILED BY THE PETITIONER AGAINST THE 4TH RESPONDENT TRUE CERTIFIED COPY OF THE FIR ALONG WITH THE FIS IN CRIME NO. 350 OF 2023 ON THE FILES OF THE MEDICAL COLLEGE POLICE STATION,THIRUVANANTHAPURAM DISTRICT ISSUED BY THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -13- AT THIRUVANANTHAPURAM ALONG WITH ENGLISH TRANSLATION Annexure A-1 TRUE COPY OF THE JUDGEMENT DATED 12-72006 IN O.P.NO. 34791 OF 2001 W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -14- ## **APPENDIX OF WA 1904/2023** PETITIONER EXHIBITS Exhibit P-1 in WP TRUE COPY OF THE FIR REGISTERED IN (Crl) No. 383 of CRIME NO. 339 OF 2023 OF MEDICAL 2023 COLLEGE POLICE STATION, THIRUVANANTHAPURAM CITY ALONG WITH ENGLISH TRANSLATION Exhibit P-2 in WP TRUE COPY OF THE AGREEMENT DATED 12-1(Crl) No. 383 of 2018 EXECUTED BY MR. AJITH KUMAR 2023 HARIDAS AND DR, JAYA VIJAYAN THROUGH THEIR POWER HOLDER DR, THAMPI PRABHAKARAN IN FAVOUR OF THE PETITIONER Exhibit P-3 in WP TRUE COPY OF THE CERTIFICATE OF (Crl) No. 383 of REGISTRATION OF THE VILLA PROJECT 2023 DATED 26-11-2022 ISSUED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY (RERA), THIRUVANANTHAPURAM TO THE PETITIONER Exhibit P-4 in WP (Crl) No. 383 of 2023 Exhibit P-4 in WP TRUE COPY OF THE LAWYER NOTICE DATED (Crl) No. 383 of 28- 5-2022 ISSUED BY THE PETITIONER 2023 THROUGH HIS LAWYER TO THE DE-FACTO COMPLAINANTS AND THEIR POWER OF ATTORNEY HOLDER Exhibit P-5 in WP TRUE COPY OF THE SALE DEED REGISTERED (Crl) No. 383 of AS DOCUMENT N0.5338/2006 OF PRINCIPAL 2023 SRO, THIRUVANANTHAPURAM Exhibit P-6 in WP TRUE COPY OF THE ORDER DATED 11-6-2020 (Crl) No. 383 of IN CRL.MC N0.4318 OF 2018 PASSED BY 2023 THIS HON'BLE COURT Exhibit P-7 in WP TRUE COPY OF THE COMPLAINT DATED 9-11(Crl) No. 383 of 2022 FILED BY THE 4TH RESPONDENT 2023 THROUGH HIS POWER HOLDER THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION Exhibit P-8 in WP TRUE COPY OF THE COMPLAINT NO. 18 OF (Crl) No. 383 of 2023 ON THE FILE OF THE REAL ESTATE 2023 REGULATORY AUTHORITY, THIRUVANANTHAPURAM FILED BY THE PETITIONER AGAINST THE RESPONDENTS 4 AND 5 W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -15- Exhibit P-9 filed TRUE CERTIFIED COPY OF THE FIR ALONG along with I.A WITH THE FIS IN CRIME NO. 339 OF 2023 No. 2 of 2023 in ON THE FILES OF THE MEDICAL COLLEGE WP(Crl) No. 383 POLICE STATION,THIRUVANANTHAPURAM of 2023 DISTRICT ISSUED BY THE COURT OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT THIRUVANANTHAPURAM ALONG WITH ITS ENGLISH TRANSLATION Annexure A-1 TRUE COPY OF THE JUDGEMENT DATED 12-72006 IN O.P.NO. 34791 OF 2001 W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -16- ## **APPENDIX OF WA 1890/2023** PETITIONER EXHIBITS Exhibit P-1 in WP TRUE COPY OF THE FIR REGISTERED IN (Crl) No. 375 of CRIME NO. 349 OF 2023 OF MEDICAL 2023 COLLEGE POLICE STATION, THIRUVANANTHAPURAM CITY ALONG WITH ENGLISH TRANSLATION Exhibit P-2 in WP TRUE COPY OF THE AGREEMENT DATED 20-9(Crl) No. 375 of 2017 EXECUTED BY MR. K.V SUGUNAN AND 2023 HIS WIFE IN FAVOUR OF THE PETITIONER Exhibit P-3 in WP TRUE COPY OF THE CERTIFICATE OF (Crl) No. 375 of REGISTRATION OF THE VILLA PROJECT 2023 DATED 26-11-2022 ISSUED BY THE KERALA REAL ESTATE REGULATORY AUTHORITY (RERA), THIRUVANAN THAPURAM TO THE PETITIONER Exhibit P-4 in WP TRUE COPY OF THE LAWYER NOTICE DATED (Crl) No. 375 of 28- 5-2022 ISSUED BY THE PETITIONER 2023 THROUGH HIS LAWYER TO THE DE-FACTO COMPLAINANT AND HIS WIFE Exhibit P-5 in WP (Crl) No. 375 of 2023 Exhibit P-6 in WP (Crl) No. 375 of 2023 Exhibit P-7 in WP (Crl) No. 375 of 2023 Exhibit P-8 in WP (Crl) No. 375 of 2023 Exhibit P-9 in WP (Crl) No. 375 of 2023 TRUE COPY JOF THE SALE DEED REGISTERED AS DOCUMENT NO.2850/2007 OF PRINCIPAL SRO, THIRUVANANTHAPURAM TRUE COPY OF THE ORDER DATED 11-6-2020 IN CRL.MC NO.4318 OF 2018 PASSED BY THIS HON'BLE COURT TRUE COPY OF THE COMPLAINT DATED 1911- 2023 FILED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION TRUE COPY OF THE COMPLAINT NO. 20 OF 2023 ON THE FILE OF THE REAL ESTATE REGULATORY AUTHORITY, THIRUVANANTHAPURAM FILED BY THE PETITIONER AGAINST THE 4TH RESPONDENT AND HIS WIFE TRUE CERTIFIED COPY OF THE FIR ALONG WITH THE FIS IN CRIME NO. 349 OF 2023 ON THE FILES OF THE MEDICAL COLLEGE POLICE STATION,THIRUVANANTHAPURAM DISTRICT ISSUED BY THE COURT OF THE W.A.Nos.1890, 1891, 1899 & 1904 of 2023 -17- ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT THIRUVANANTHAPURAM ALONG WITH ENGLISH TRANSLATION Annexure A-1 TRUE COPY OF THE JUDGEMENT DATED 12-72006 IN O.P.NO. 34791 OF 2001