Ibrahim T.R. and others v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.35006 OF 2019(A)** ## **PETITIONERS:** |**1**|**IBRAHIM T.R.,**| |---|---| ||**AGED 33 YEARS**| ||**S/O. KUNJUMON, THOTTAPPIL RAMALAN HOUSE, P.O.**| ||**KADAPPURAM, ANCHANGADI, THRISSUR DISTRICT-680514.**| |**2**|**SUHAIL THANGAL,**| ||**AGED 37 YEARS**| ||**S/O. JAFFAR THANGAL, BUKHARAYIL VALAPPIL HOUSE, P.O.**| ||**KADAPPURAM, ANCHANGADI, THRISSUR DISTRICT-680514.**| |**3**|**ALI P.K.,**| ||**AGED 38 YEARS**| ||**S/O. KUTTIMON, PUTHENPURAYIL HOUSE, P.O. KADAPPURAM,**| ||**ANCHANGADI, THRISSUR DISTRICT-680514.**| |**4**|**JIMSHAD K.M.,**| ||**AGED 25 YEARS**| ||**S/O. MUHAMMED, KUTTIYAKATH HOUSE, P.O. KADAPPURAM,**| ||**ANCHANGADI, THRISSUR DISTRICT-680514.**| |**5**|**ABID P.S.,**| ||**AGED 35 YEARS**| ||**S/O. SHAHU, PALLATH HOUSE, P.O. KADAPPURAM,**| ||**ANCHANGADI, THRISSUR DISTRICT-680514.**| |**6**|**SHABEER A.H.,**| ||**AGED 35 YEARS**| ||**S/O. HUSSAIN, ANAAMKADAVIL HOUSE, P.O. KADAPPURAM,**| ||**ANCHANGADI, THRISSUR DISTRICT-680514.**| |**7**|**K.V. NAZAR,**| ||**AGED 37 YEARS**| ||**S/O.SAIDU, KARUMPPAM VEETTIL HOUSE, P.O. KADAPPURAM,**| ||**ANCHANGADI, THRISSUR DISTRICT-680514.**| |**8**|**P.A. ANVAR,**| ||**AGED 29 YEARS**| ||**S/O. AZEEZ, PHUTHUVEETTIL HOUSE, P.O. KADAPPURAM,**| ||**ANCHANGADI, THRISSUR DISTRICT-680514.**| W.P.(C)No.35006 OF 2019(A) 2 - **9 K.K. ABDUL MUNEER, AGED 33 YEARS** - **S/O. KHADERMON, KADAVIL HOUSE, P.O. KADAPPURAM, ANCHANGADI, THRISSUR DISTRICT-680514.** - **10 MUHAMMED SHAHIL, AGED 27 YEARS S/O. ALUNNI, PANDARATHIL VALAPPATTIL HOUSE, THOTTAPPU, P.O., MADU, THRISSUR DISTRICT-680512.** - **11 MANSOOR ALI V.P., AGED 42 YEARS** - **S/O. ABDUL MAJEED, VALIYAKATHU PULIKKAL, VATTEKAKAD P.O., KADAPPURAM PANCHAYAT, THRISSUR DISTRICT-680512.** - **12 R.S. MUHAMMED MON, AGED 57 YEARS** - **S/O. SIDDIQUE HAJI, RAYAMMARAKKAR HOUSE, KARALAKATH, ADITHIRUTHY P.O., KADAPURAM, THRISSUR DISTRICT-680514.** ## **BY ADVS.** **SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.AVINASH P RAVEENDRAN SMT.ARYA RAGHUNATH** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE PRINCIPAL SECRETARY, DEPARTMENT OF PWD, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 KADAPPURAM GRAMA PANCHAYATH, P.O. KADAPPURAM, ANCHANGADI, THRISSUR DISTRICT680514, REPRESENTED BY ITS SECRETARY.** - **4 THE SECRETARY, KADAPPURAM GRAMA PANCHAYATH, P.O. KADAPPURAM, ANCHANGADI, THRISSUR DISTRICT-680514.** W.P.(C)No.35006 OF 2019(A) 3 - **5 THE KERALA WATER AUTHORITY, P.H. SECTION GURUVAYOOR, REPRESENTED BY ITS ASSISTANT ENGINEER, PIN-680101.** - **6 KERALA STATE DISASTER MANAGEMENT AUTHORITY, DEPARTMENT OF DISASTER MANAGEMENT, GOVERNMENT OF KEALA, PTP NAGAR, THIRUVANANTHAPURAM, KERALA695038, REPRESENTED BY ITS CHAIRMAN.** **7 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, THRISSUR 1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR-680003.** **R1-2, R6-7 BY SRI RANJITH THAMPAN- ADDL ADVOCATE GENERAL R3-4 BY ADV. SRI.A.K.GOPALAN R5 BY ADV. SRI.MILLU DANDAPANI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.35006 OF 2019(A) 4 ## **JUDGMENT** The petitioners, who are residents of the 3[rd] respondent Kadappuram Grama Panchayat in Thrissur District, residing in their residential buildings near Kadappuram Village Office, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P11 order dated 13.12.2019 of the 7[th] respondent District Collector and Annexure B list of proposed project sites attached to Ext.P8 Terms of Reference of Appointment of Third Party Quality Audit issued by the 6[th] respondent Kerala State Disaster Management Authority and other subsequent orders, if any, to the extent to which it includes the land in Sy.No.101/48 of Kadappuram Village, proposing to construct a three storied Multi Purpose Cyclone Shelter as part of implementation of the Scheme, namely, the National Cyclone Risk Mitigation Project Phase-II. The petitioners have also sought for a writ of mandamus commanding the 3[rd] respondent Grama Panchayat and the 4[th] respondent Secretary to issue stop memo based on Ext.P2 letter dated 15.10.2019 issued by the Assistant Engineer of the 5[th] respondent Kerala Water Authority to stop the steps taken for the construction of three storied building for Multi W.P.(C)No.35006 OF 2019(A) 5 Purpose Cyclone Shelter, in the land in Sy.No.101/48 of Kadappuram Village in Ward No.12 of the 3[rd] respondent Panchayat, in which a drinking water well with an overhead water tank maintained by the 5[th] respondent Kerala Water Authority is situated. The further relief sought for is a writ of mandamus commanding respondents 1, 2, 6 and 7 to shift the place of the construction of three storied building for Multi Purpose Cyclone Shelter to some other place, far away from the drinking water well and overhead water tank, preferably to 35 cents of land lying vacant in Ward No.15 after the implementation of Tsunami Rehabilitation Scheme, or to 34 cents of land in Ward No.11 where relief centre (shelter) is constructed by the Government for rehabilitating victims of natural calamities like flood, sea erosion, etc. 2. On 19.12.2019, when this writ petition came up for admission, the petitioner was directed to take out notice before admission by speed post to respondents 3 and 4, returnable in ten days. The learned Government Pleader for respondents 1, 2, 6 and 7 and the learned Standing Counsel for the 5[th] respondent Kerala Water Authority were directed to get instructions. While adjourning W.P.(C)No.35006 OF 2019(A) 6 the writ petition to 14.01.2020, this Court ordered that all further action pursuant to Ext.P11 shall be deferred till then. The said interim order was extended till 30.01.2020, vide order dated 16.01.2020. ## 3. On 09.07.2020, this Court admitted the writ petition on file and passed the following order; “2. Sri.Ranjith Thampan, learned Additional Advocate General appearing for official respondent Nos.1, 2, 6 & 7 would submit that there is great urgency in this matter as the funds for setting up of the MPCS (Multi Purpose Cyclone Shelter Centre) at Kadappuram Grama Panchayat, Chavakkad would lapse and more over, the said Cyclone Shelter Centre is urgently needed in view of the impending heavy monsoons and that therefore this Court may consider the plea for vacating the interim stay order passed in this case. 3. After hearing both sides, it is seen that this Court has passed initially an order on 19-12-2019 that the case be listed on 14-01-2020, until which time, all further action pursuant to the impugned Ext.P11 order will stand deferred. Later, when the case was taken up on 16-01-2020, the said interim order was extended till the next posting date, which was 30-01-2020. Thereafter it appears that the interim order granted on 19-12-2019, which was extended upto 30-012020, has not been extended, either as per order dated 3001-2020 and on the subsequent order dated 25-02-2020. Hence the interim order granted on 19-12-2019 was current W.P.(C)No.35006 OF 2019(A) 7 only upto 30-01-2020. Therefore there is no question of vacating any adverse interim order as against the respondents. Parties may complete the pleadings, if not so far done.” 4. A counter affidavit has been filed by respondents 3 and 4 opposing the reliefs sought for in this writ petition. The 6[th] respondent has also filed a counter affidavit. The petitioners have filed reply affidavit. 5. Heard the learned counsel for the petitioners, the learned Additional Advocate General appearing for respondents 1, 2, 6 and 7, the learned counsel for respondents 3 and 4 and also the learned Standing Counsel for the 5[th] respondent. 6. The grievance of the petitioners is regarding the construction of a three storied Multi Purpose Cyclone Shelter in the land situated in Sy. No.101/48 of Kadappuram Village, i.e., within the compound of Kadappuram Village Office, where a drinking water well with an overhead water tank maintained by the 5[th] respondent Kerala Water Authority is situated. 7. One of the contentions raised by the petitioners is that the construction of Multi Purpose Cyclone Shelter in the compound of the Village Office will adversely affect the safety of the overhead W.P.(C)No.35006 OF 2019(A) 8 water tank. In order to substantiate the said contention, the petitioners would place reliance on Ext.P2 letter dated 15.10.2019 issued by the Assistant Engineer, Kerala Water Authority, Public Health Section, Guruvayoor, addressed to the 4[th] respondent Secretary of the Grama Panchayat. The petitioners would also contend that functioning of the Multi Purpose Cyclone Shelter in the compound of Village Office with accommodation for large number of persons will contaminate the drinking water in the well in that property, which is the only source of drinking water for the residents in the locality, since other wells in that locality are with saline water. The learned counsel for the petitioner would rely on the principles of sustainable development and public trust doctrine laid down by the Apex Court in **Intellectuals Forum, Thirupathi v. State of Andhra Pradesh [(2006) 3 SCC 549].** 8. Insofar as the apprehension of the petitioners as to contamination of well water is concerned, as evident from Ext.P1 site plan, the septic tank of the proposed Multi Purpose Cyclone Shelter is situated far away from the open well and it is not within the prohibited distance. 9. Relying on Ext.P2 communication dated 15.10.2019 of W.P.(C)No.35006 OF 2019(A) 9 the Assistant Engineer, Kerala Water Authority, Public Health Section, Guruvayoor addressed to the 4[th] respondent Secretary of the Grama Panchayat, the petitioners would contend that the construction of the proposed Cyclone Shelter will cause damage to the overhead tank maintained by the Kerala Water Authority. By Ext.P2 the 4[th] respondent was directed to stop the construction of the building, since the construction was within 2 meters from the water tank. 10. During the course of arguments, it has come out that the original site plan for the proposed Cyclone Shelter was modified by the 6[th] respondent, in order to keep safe distance from the overhead water tank. The document marked as Ext.R6(i) is a communication dated 23.10.2019 of the Assistant Engineer, Kerala Water Authority, Public Heath Section, Guruvayoor addressed to one N. Nalinachandran, who is the Program Specialist of National Cyclone Risk Mitigation Project, wherein it is stated that constructions near the overhead water tank can be done with sufficient precautionary measures. The learned Standing Counsel for the Kerala Water Authority would point out that, after modification of site plan for the proposed Cyclone Shelter, the W.P.(C)No.35006 OF 2019(A) 10 water tank is in a safe zone. 11. Along with I.A.No.4 of 2020, the petitioners have placed on record Ext.P14 photographs showing the present stage of the construction of Multi Purpose Cyclone Shelter Centre; the open well and overhead tank in the Village Office compound; and also access to that compound from the public road. As evident from Ext.P14 photographs, the piling work of the Cyclone Shelter is already over. In the writ petition, the petitioners have no case that any damage has been caused to the overhead tank on account of the piling work of the Cyclone Shelter. In such circumstances, the apprehension of the petitioners that the construction of the Cyclone Shelter will cause damage to the overhead tank is absolutely without any basis. 12. As stated in the counter affidavit filed by the 6[th] respondent, the construction of Cyclone Shelter in the property in question is undertaken based on Ext.R6(a) Kerala State Disaster Management Plan published by the said respondent, in exercise of its powers under sub-section (1) of Section 23 of the Disaster Management Act, 2005. Site Screening Report for Thrissur District prepared in connection with National Cyclone Risk Mitigation Project Phase–II is placed on record as Ext.R6(g), in which the site in W.P.(C)No.35006 OF 2019(A) 11 question is identified as suitable for the construction of Cyclone Shelter. 13. The document placed on record as Ext.R6(f) is a copy of G.O.(Rt)No.641/2016/DMD dated 28.01.2016. A reading of the said Government Order would show that, as per G.O.(Ms.)No.331/2014/ DMD dated 05.08.2014 sanction was accorded for the implementation of National Cyclone Risk Mitigation Project-Phase II (NCRMP-II), a Centrally sponsored project with World Bank assistance, to reduce vulnerability to cyclone and other hydrometeorological hazards of coastal area in the State. Its objective is to increase the capacity of the State entities to effectively plan for, respond to and recover from disaster in 9 coastal districts. The selected and prioritised list of sites for the construction of Multi Purpose Cyclone Shelters under National Cyclone Risk Mitigation Project, which is annexed to Ext.R6(f). As per that list, two Multi Purpose Cyclone Shelters are proposed in Thrissur District. One at Chavakkad and another at Kodungalloor. The selected site for Cyclone Shelter at Chavakkad is the Revenue land in Sy.No.101/4B of Kadappuram Village, near Village Office. 14. The 6[th] respondent published Ext.R6(a) Kerala State W.P.(C)No.35006 OF 2019(A) 12 Disaster Management Plan, based on Ext.R6(f) Government Order, in exercise of its powers under sub-section (1) of Section 23 of the Disaster Management Act, 2005. In Ext.R6(a), it is stated that the sites for construction of the Multi Purpose Cyclone Shelters have been finalised vide Ext.R6(f) Government Order dated 28.01.2016 and the drawings of three model designs are also finalised. The project, which started in August 2015, will have to be completed in 2020. After the approval of the site by Ext.R6(f) Government Order, the 7[th] respondent District Collector issued letter No.K1/48118/11 dated 16.07.2016 to the 4[th] respondent for obtaining consent of Kadappuram Grama Panchayat for the construction of Multi Purpose Cyclone Shelter. The Panchayat Committee, vide Ext.R6(h) decision No.4(20) dated 01.08.2016, gave consent for the construction of Multi Purpose Cyclone Shelter at Kadappuram, as sought for in letter No.K1/48118/11 dated 16.07.2016 of the 7[th] respondent. 15. During the course of arguments, the submission made by the learned counsel for the petitioners and also the learned counsel for respondents 3 and 4 is that the identification of the site and its approval vide Ext.R6(f) Government Order was never brought to the notice of the Grama Panchayat and it was without W.P.(C)No.35006 OF 2019(A) 13 noticing the said fact that the Grama Panchayat vide Ext.R6(h) gave consent for establishing Multi Purpose Cyclone Shelter at Kadappuram. 16. The documents referred to hereinbefore would make it explicitly clear that the site approval and the construction of Multi Purpose Cyclone Shelter, as per the model design finalised by the appropriate authority, are undertaken by the 6[th] respondent in exercise of its powers under the Disaster Management Act. The selection of site for the Cyclone Shelter at Chavakkad was approved vide Ext.R6(f) Government Order dated 28.01.2016. The 6[th] respondent published Ext.R6(a) Kerala State Disaster Management Plan, based on Ext.R6(f) Government Order, in exercise of its powers under sub-section (1) of Section 23 of the Disaster Management Act, 2005. Having failed to challenge Ext.R6(f) Government order and also Ext.R6(a) Kerala State Disaster Management Plan, at appropriate time, the petitioners cannot seek any relief against the construction of the Multi Purpose Cyclone Shelter at Kadappuram by challenging sought for in this writ petition, by challenging Annexure B list of proposed project sites attached to Ext.P8 Terms of Reference of Appointment of Third W.P.(C)No.35006 OF 2019(A) 14 Party Quality Audit issued by the 6[th] respondent Kerala State Disaster Management Authority or even Ext.P11 order dated 13.12.2019 of the 7[th] respondent District Collector. 17. The learned counsel for the petitioners would point out certain violations of the Kerala Panchayat Building Rules, 2011 in the construction of the Multi Purpose Cyclone Shelter at Kadappuram. The learned Additional Advocate General would point out that the building plan and site plan of the proposed Cyclone Shelter are approved by the Chief Architect, Public Works Department. A copy of the site plan is placed on record as Ext.P1 along with the writ petition and as Ext.R6(a) along with the counter affidavit filed by the 6[th] respondent. The learned Additional Advocate General would contend that Ext.R6(a) Kerala State Disaster Management Plan published by the 6[th] respondent, in exercise of its powers under sub-section (1) of section 23 of the Disaster Management Act, is a subordinate legislation under the law made by the Parliament and in case of any inconsistency with the law made by the State Legislature like the Kerala Panchayat Building Rules, the provisions under the Disaster Management Act shall prevail and the provisions under the Kerala Panchayat Building W.P.(C)No.35006 OF 2019(A) 15 Rules, to the extent of repugnancy, be void. In support of the said contention the learned Additional Advocate General would place reliance on the judgment of the Apex Court in **Jayantilal Amrithlal Shodhan v. F.N.Rana [AIR 1964 SC 648], Mittal R.K. v. State of U.P. [(2012) 2 SCC 232]** and also the judgment of a Division Bench of this Court in **Anandavally M.K. v. Dr.P.G.Jairaj and others [ILR 2014 (3) Ker. 83]** . The learned Additional Advocate General would also rely on Section 72 of the Disaster Management Act, as per which the provisions of the said Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 18. As already noticed, the construction of Multi Purpose Cyclone Shelter in the property in question is undertaken based on Ext.R6(a) Kerala State Disaster Management Plan published by the 6[th] respondent. In Ext.R6(g) Site Screening Report for Thrissur District, the site in question is identified as suitable for the construction of Cyclone Shelter. In the list of selected and prioritised sites for the construction of Multi Purpose Cyclone W.P.(C)No.35006 OF 2019(A) 16 Shelters under National Cyclone Risk Mitigation Project, annexed to R6(f) Government Order dated 28.01.2016, the selected site for Cyclone Shelter at Chavakkad is the revenue land in Sy.No.101/4B of Kadappuram Village, near Village Office. As stated in Ext.R6(a) Kerala State Disaster Management Plan, the sites for construction of Multi Purpose Cyclone Shelters have been finalised vide Ext.R6(f) Government Order dated 28.01.2016 and the drawing of three modal designs are also finalised. Moreover, the building plan and site plan of the Multi Purpose Cyclone Shelter at Kadappuram are approved by the Chief Architect, Public Works Department, Kerala. As evident from Ext.P1/Ext.R6(a) the building plan and site plan designed and checked by the the Deputy Architect was reviewed by the Deputy Chief Architect, before it was approved by the chief Architect. 19. Having failed to challenge Ext.R6(f) Government order, Ext.R6(a) Kerala State Disaster Management Plan and also the approval granted by the Chief Architect in Ext.P1/Ext.R6(k), at appropriate time, the petitioners cannot contend that there is violation of the provisions under the Kerala Panchayat Building Rules, in the construction of the Multi Purpose Cyclone Shelter at W.P.(C)No.35006 OF 2019(A) 17 Kadappuram. 20. The documents placed on record as Ext.P14 are photographs showing the present stage of the construction of the Multi Purpose Cyclone Shelter in the compound of Kadappuram Village Office and also the access to that compound from the main street. Relying on those photographs, the learned counsel for the petitioners would contend that the width of the access to that compound do not meet the requirements of Rule 37 of the Kerala Panchayat Building Rules, 2011. Per contra, the learned Additional Advocate General would submit that access to that compound is having the minimum clear width, as per the statutory requirements. Further, the District Disaster Management Authority has ample power under Section 65 of the Disaster Management Act to remove any obstructions that prevents entry to disaster management infrastructures, in order to ensure that access to that compound is having the required minimum clear width. 21. Since the proposed construction is that of a multi storied building to accommodate the vulnerable population in coastal areas during natural hazards such as cyclone, tsunami or flood, the 6[th] respondent has to ensure that Cyclone Shelter is constructed in a W.P.(C)No.35006 OF 2019(A) 18 compound which is having the minimum clear width, as per the requirements of the Kerala Panchayat Building Rules, so that emergency vehicles can be taken to the Cyclone Shelter without any obstructions whatsoever. Therefore, it is for the Chief Architect, Public Works Department, Kerala to ensure that the access to the compound in which the Multi Purpose Cyclone Shelter is proposed to be constructed at Kadappuram is having the required minimum clear width as per the statutory requirements, before proceeding further with the construction. 22. In the result, this writ petition fails, in the absence of any challenge against Ext.R6(f) Government Order, Ext.R6(A) Kerala State Disaster Management Plan and also the approval granted by the Chief Architect in Ext.P1/Ext.R6(k), and the same is accordingly dismissed; however subject to the aforesaid observation. No order as to cost. Sd/- ## **ANIL K. NARENDRAN, JUDGE** AV W.P.(C)No.35006 OF 2019(A) 19 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE RELEVANT PORTION OF THE PLAN APPROVED BY THE 2ND RESPONDENT SHOWING THE LOCATION AND LAYOUT OF THE PROPOSED BUILDING FOR HOUSING MPCS.** - **EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 15/10/2019 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT SECRETARY OF THE 3RD RESPONDENT PANCHAYATH.** **EXHIBIT P3 A TRUE COPY OF THE RESOLVE DATED 01/08/2016 OF GRAMA PANCHAYATH COMMITTEE.** **EXHIBIT P4 A TRUE COPY OF THE MINUTES DATED 22/07/2019 OF THE GRAMA SABHA. EXHIBIT P5 A TRUE COPY OF THE RESOLVE DATED 30/10/2019 OF THE 3RD RESPONDENT PANCHAYATH APPROVING EXHIBIT P4. EXHIBIT P6 A TRUE COPY OF THE REQUEST DATED 16/10/2019 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 6TH RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 31/10/2019.** **EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGES OF THE TERMS OF REFERENCE OF APPOINTMENT OF THIRD PARTY QUALITY AUDIT PUBLISHED BY THE 6TH RESPONDENT, INCLUDING THE LAND IN QUESTION AS THE TENTATIVE SITE FOR IMPLEMENTATION OF THE PROJECT IN ANNEXURE B THEREIN.** **EXHIBIT P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS 3 AND 4 BEFORE THIS HON'BLE COURT IN WPC NO.30929/2019.** **EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 27/11/2019 OF THIS HON'BLE COURT IN WPC NO.30929/2019.** W.P.(C)No.35006 OF 2019(A) 20 **EXHIBIT P11** **A TRUE COPY OF THE ORDER DATED 13/12/2019 OF THE 7TH RESPONDENT, SERVED TO THE PETITIONERS.** **EXHIBIT P12** - **A TRUE COPY OF THE CASE STATUS DATED 30/01/2020 PUBLISHED IN THE HIGH COURT WEBSITE** - **EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 14/07/2020 OF THE 7TH RESPONDENT, ADDRESSED TO THE 4TH RESPONDENT** - **EXHIBIT P14 A TRUE COPY OF THE PHOTOGRAPHS OF THE ACCESS TO THE PLOT, WATER TANK AND WELL** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R6 (a) TRUE COPY OF THE RELEVANT PAGES OF THE SDMP** - **EXHIBIT R6 (b) TRUE COPY OF THE RELEVANT PAGES OF THE STATE DISASTER MANAGEMENT PLAN, 2016** - **EXHIBIT R6 (c) TRUE COPY OF THE RELEVANT PAGES OF THE THRISSUR DISTRICT DISASTER MANAGEMENT PLAN** - **EXHIBIT R6 (d) TRUE COPY OF THE JUDGMENT IN WPC NO.4022/2017** - **EXHIBIT R6 (e) TRUE COPY OF THE JUDGMENT IN WPC NO.2745/2015** - **EXHIBIT R6 (f) TRUE COPY OF THE GO(RT) NO.641/2016/DMD DATED 28/1/2016** - **EXHIBIT R6 (g) TRUE COPY OF THE RELEVANT PAGES OF THE REPORT** - **EXHIBIT R6 (h) TRU COPY OF THE COMMUNICATION FROM THE PANCHAYATH SECRETARY TO DISTRICT COLLECTOR** - **EXHIBIT R6 (i) TRUE COPY OF THE LTR.NO.AE/KEA/GVR/GL/2019-20 DATED 23/10/2019** W.P.(C)No.35006 OF 2019(A) 21 **EXHIBIT R6 (j)** **TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN, DDMA, THRISSUR BEARING NO.K19120 DATED 10/12/2019** **EXHIBIT R6 (k) TRUE COPY OF THE SITE PLAN EXHIBIT R6 (l)** **TRUE COPY OF THE REMINDER LETTER TO THE SECRETARY, KADAPPURAM GRAMA PANCHAYTH FROM DISTRICT COLLECTOR, THRISSUR DATED 18/7/2016** **EXHIBIT R4 (A) TRUE COPY OFLETTER NO.C-/BL/2018/ 9604 DATED 9.10.2018 REFERRING NO.15/2019-2020 DATED 4TH SEPTEMBER 2019, RECEIVED IN OFFICE ON 5.11.2019**