Sivakumar, Nithyanandan, Narayanankutty, Karthikeyan and Thankavel v. Cochin Devaswom Board and others

1 W.P.(C)No.12779 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE G.GIRISH`** ``` MONDAY, THE 6[TH] DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 W.P.(C)NO.12779OF 2023 ``` ## **`PETITIONERS:`** |**`1`**|**`SIVAKUMAR,`**| |---|---| ||**`AGED 45 YEARS,`**| ||**`S/O.JAGANATHAN, THARAKAN, CHALLA KALAM,`**| ||**`VANNAMADA, CHITTUR TALUK, PALAKKAD DISTRICT,`**| ||**`PIN - 678555`**| |**`2`**|**`NITHYANANDAN,`**| ||**`AGED 59 YEARS,`**| ||**`S/O.CHELLAMUTHU GOUNDER, K.K.PATHY, CHITTUR`**| ||**`TALUK, PALAKKAD DISTRICT, PIN - 678101`**| |**`3`**|**`NARAYANANKUTTY,`**| ||**`AGED 70 YEARS,`**| ||**`S/O.VELU, KUNNAMKATTUPATHY, KOZHIPATHY,`**| ||**`PALAKKAD, PIN - 678101`**| |**`4`**|**`KARTHIKEYAN,`**| ||**`AGED 44 YEARS,`**| ||**`S/O.RAMALINGAM, KUNNAMKATTUPATHY, KOZHIPATHY,`**| ||**`PALAKKAD, PIN - 678101`**| |**`5`**|**`THANKAVEL,`**| ||**`AGED 58 YEARS,`**| ||**`S/O.MAYILSWAMY, 12/502, NADUCHELLA, K.K.PATHY,`**| ||**`KOZHINJAMPARA, PALAKKAD DISTRICT, PIN - 678101`**| ||**`BY ADVS.`**| ||**`K.MOHANAKANNAN`**| ||**`D.S.THUSHARA`**| 2 W.P.(C)No.12779 of 2023 ## **`RESPONDENTS:`** - **`1 COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR, REPRESENTED BY SECRETARY, PIN - 680001`** - **`2 THE SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR, PIN - 680001`** - **`3 COMMISSIONER, COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR, PIN - 680001`** - **`4 ASSISTANT COMMISSIONER, COCHIN DEVASWOM BOARD, THIRUVILWAMALA, THRISSUR DISTRICT, PIN - 680001`** - **`5 THE CHIEF VIGILANCE OFFICER, COCHIN DEVASWOM BOARD, SWARAJ ROUND NORTH, THRISSUR DISTRICT, PIN - 680001`** - **`6 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001`** - **`7 AGRICULTURAL OFFICER, KOZHINJAMPARA, KRISHI BHAVAN, KOZHINJAMPARA, PALAKKAD, PIN - 678555`** - **`8 KOZHINJAMPRA GRAMA PANCHAYAT, PALAKKAD-POLLACHI ROAD, KOZHINJAMPARA, PALAKKAD, REPRESENTED BY ITS SECRETARY, PIN - 678555`** - **`9 THE PANCHAYAT COMMITTEE, KOZHINJAMPRA GRAMA PANCHAYAT, PALAKKAD-POLLACHI ROAD, KOZHINJAMPARA, PALAKKAD, REPRESENTED BY ITS PRESIDENT, PIN - 678555`** 3 W.P.(C)No.12779 of 2023 - **`10 RADHA, W/O.SURESHKUMAR, VELLANTHARA HOUSE, KOLLENGODE PO, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678506`** - **`11 THE STATION HOUSE OFFICER, KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA, PALAKKAD, PIN -678555 [ ADDITIONAL R11 IS SUO MOTO IMPLEADED AS PER ORDER DATED 12/04/2023 IN WP(C) 12779/2023]`** - **`12 ADDL.R12 THE TAHSILDAR, CHITTUR TALUK, CHITTUR, PALAKKAD - 678101 [ADDL.R12 IS SUO MOTU IMPLEADED AS PER ORDER DATED 06.10.2023 IN WP(C) 12779/2023]`** ## **`BY ADV K.P. SUDHEER ADVOCATE`** ## **`OTHER PRESENT:`** ``` SRI K.P. SUDHEER - STANDING COUNSEL - COCHIN DEVASWOM BOARD ``` ## **`SRI S.RAJMOHAN- SR. GOVERNMENT PLEADER`** ## **`SRI SASI M.R- STANDING COUNSEL`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 W.P.(C)No.12779 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who own agricultural lands in Ward No.12 of Kozhinjampara Grama Panchayat, who are also the members of the Padasekhara Committee, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 no objection certificate dated 22.04.2017 issued by the 2[nd] respondent Special Devaswom Commissioner, Cochin Devaswom Board, whereby the 8[th] respondent Kozhinjampara Grama Panchayat was permitted to renovate Mullaneri Pond owned by the Cochin Devaswom Board, having an extent of 6 acres and 73 cents in Re.Sy.Nos.183/1/539/2, 539/1, 577/3/2 and 582/2 of Block No.33 of Kozhipathy Village, under ‘Navakerala Mission-Haritha Keralam Project’. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 4 not to issue no objection certificate for removal of sand and clay from Mullaneri Pond owned by the Cochin Devaswom Board, as sought for in Ext.P11 request dated 17.02.2023 made by the 8[th] respondent Kozhinjampara Grama Panchayat before the 3[rd] respondent Commissioner, Cochin Devaswom Board; a writ of mandamus commanding the 4[th] respondent Assistant 5 W.P.(C)No.12779 of 2023 Commissioner, Thiruvilwamala, to conduct an enquiry regarding the removal of sand and clay from Mullaneri Pond owned by the Cochin Devaswom Board on the strength of Ext.P3 no objection certificate dated 22.04.2017 and to file a report before this Court, within a time frame to be fixed by this Court; and a writ of mandamus commanding respondents 1 to 4 to take appropriate action for recovery of the amounts collected by the 8[th] respondent Grama Panchayat and the 10[th] respondent-highest bidder, towards the value of the sand and clay excavated from Mullaneri Pond owned by the Cochin Devaswom Board, within a time limit to be fixed by this Court. 2. The grievance of the petitioners is that, under the guise of renovation of Mullaneri Pond owned by the Cochin Devaswom Board, the 8[th] respondent Kozhinjampara Grama Panchayat excavated earth from that pond. After indiscriminate excavation of earth from that pond, on the strength of Ext.P3 no objection certificate dated 22.04.2017 issued by the 2[nd] respondent Special Devaswom Commissioner, the 8[th] respondent Grama Panchayat submitted Ext.P11 request dated 17.02.2023 before the 3[rd] respondent Commissioner, Cochin Devaswom Board, seeking permission for further excavation of sand/ordinary clay from that 6 W.P.(C)No.12779 of 2023 pond. The 1[st] petitioner submitted Ext.P12 representation dated 07.03.2023 before the 3[rd] respondent Commissioner and thereafter filed this writ petition seeking the aforesaid reliefs. 3. On 11.04.2023, when this writ petition came up for admission, the learned Standing Counsel for Cochin Devaswom Board and the learned Standing Counsel for Kozhinjampra Grama Panchayat sought time to get instructions. Having considered the submissions made at the Bar, this Court directed the appearance of the Secretary of the 8[th] respondent Grama Panchayat and the concerned officer of the Cochin Devaswom Board on 12.04.2023 at 2.00 p.m., along with the relevant files. The learned counsel for the petitioners was directed to make available for the perusal of this Court a few photographs of the pond in question. 4. On 12.04.2023, when this writ petition came up for consideration, this Court admitted the matter on file. The Secretary of the 8[th] respondent Grama Panchayat and the Devaswom Officer, Chittur Devaswom were personally present in Court. Along with I.A.No.1 of 2023, the petitioners have placed on record Ext.P13 series of photographs of the Mullaneri pond owned by the Cochin Devaswom Board. Having considered the materials on record and the submissions made at the Bar, this Court 7 W.P.(C)No.12779 of 2023 restrained the 8[th] respondent Kozhinjampra Grama Panchayat from undertaking any activity in connection with the renovation of Mullaneri pond owned by the Cochin Devaswom Board, under Chittur Devaswom, until further orders. It was made clear that any excavation of sand or ordinary earth from Mullaneri Pond owned by the Cochin Devaswom Board, under Chittur Devaswom, is prohibited by the said order, until further orders. It would be open to the Devaswom Officer, Chittur Devaswom to seek police assistance, if found necessary, to ensure strict compliance of the directions contained in that order. In case any such request is made by the Devaswom Officer, Chittur Devaswom, the additional 11[th] respondent Station House Officer, Kozhinjampra Police Station shall render necessary assistance and maintain the law and order situation in the locality. 5. By the order dated 12.04.2023, the 8[th] respondent Grama Panchayat was directed to file a counter affidavit, within four weeks, with specific reference to the averments in the writ petition, and also the observations contained in that order. In the counter affidavit, the Grama Panchayat shall state the works already undertaken for the renovation of Mullaneri pond, under ‘Navakerala Mission-Haritha Keralam Project’, the quantity of earth 8 W.P.(C)No.12779 of 2023 and ordinary clay removed from the said pond and also the amount already obtained by the Grama Panchayat in connection with that activity in the Devaswom land. 6. Respondents 8 and 9 have filed a counter affidavit dated 29.05.2023, producing therewith Exts.R8(a) to R8(k) documents. The 1[st] respondent has filed a counter affidavit dated 07.07.2023, producing therewith Ext.R1(a) to R1(f) documents. The petitioner has filed a reply affidavit dated 30.06.2023. 7. On 13.09.2023, when this writ petition came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that the entry in the revenue records in respect of the disputed land was changed during the re-survey as puramboke pond. The Board has already filed an application on 11.07.2023, before the Tahsildar, Chittur Taluk, for correction of entry in the revenue records. A copy of that application was ordered to be placed on record along with an additional affidavit. 8. On 26.09.2023, along with an additional affidavit dated 25.09.2023 filed on behalf of the 1[st] respondent Board, Ext.R1(g) application dated 11.07.2023 submitted by Devaswom Officer, Chittur Devaswom, to the additional 12[th] respondent Tahsildar, Chittur Taluk is placed on record. As evidenced by Ext.R1(h) 9 W.P.(C)No.12779 of 2023 receipt, the 12[th] respondent Tahsildar received that application on 11.07.2023. The document marked as Ext.R1(i) is a copy of the representation dated 23.09.2023 made by the Devaswom Officer, Chittor Devaswom, to the 8[th] respondent Grama Panchayat, pointing out the aforesaid fact. Paragraphs 2 and 3 of the additional affidavit dated 25.09.2023 filed on behalf of the 1[st] respondent Board, read thus; “2. It is submitted that this deponent has filed a counter affidavit dated 07.07.2023 in the above writ petition. In paragraph 6 of the said counter affidavit, it was stated that based on Exts.1(e) to R1(f) reports of the Chief Vigilance Officer the Devaswom has already approached the revenue authorities to rectify the entries made in the basic tax register and also in the asset register maintained by the 8[th] respondent Grama Panchayat. When the above writ petition came up for consideration before this Honourable Court on 13.9.2023 the submission made on behalf of the 1[st] respondent was recorded and this Honourable Court directed the 1st respondent to produce the application along with an additional affidavit. 3. It is submitted that in terms of Exts.R1(e) and R1(f) reports of the Chief Vigilance Officer, the Devaswom Officer, Chittur Devaswom submitted an application before the Tahasildar, Chittur Taluk, Chittur on 11.7.2023 to rectify the mistakes in the basic tax register and to correct the entries by restoring the description of the properties as Devaswom 10 W.P.(C)No.12779 of 2023 land. In this regard, a true copy of the application dated 11.7.2023 submitted by the Devaswom Officer, Chittur Devaswom to the Tahasildar, Chittur Taluk, Chittur is produced herewith and marked as Ext.R1(g). The office of the Tahasildar, Chittur Taluk, Chittur issued a receipt on the very same day to the Devaswom Officer. A true copy of the receipt dated 11.7.2023 issued by the Tahasildar, Chittur Taluk, Chittur to the Devaswom Officer, Chittur is produced herewith and marked as Ext.R1(h). In Ext.R1(g) application the Devaswom Officer has clearly stated that the entries were wrongly stated as "pothukulam" at the time of resurvey and no notice was issued to the Devaswom during the re-survey and the Devaswom Officer has requested the Tahasildar, Chittur Taluk to rectify the entries in respect of the property in question. The 8[th] respondent Grama Panchayat in its counter affidavit dated 29.5.2023 has taken a stand that the pond in question is entered into the asset register maintained by the Panchayat. Ext.R8(i) copy of the asset register is also produced by the 8[th] respondent. The 8[th] respondent without any basis wrongly included the pond in question in the asset register. The contention of the 8[th] respondent that the pond in question is vested with the 8[th] respondent in terms of Section 218 of the Kerala Panchayath Raj Act, 1994 is incorrect. The pond in question belonged to the Devaswom. So, the Devaswom Officer, Chittur Devaswom submitted an application to remove the wrongful entry from the asset register of the 8[th] respondent Grama Panchayat. In this regard, a true copy of the application dated 23.09.2023 submitted by the Devaswom Officer, 11 ## W.P.(C)No.12779 of 2023 Chittur Devaswom to the 8[th] respondent Grama Panchayat is produced herewith and marked as Exhibit R1(i).” 9. Heard the learned counsel for the petitioners, the learned counsel, who represented the learned Standing Counsel for Cochin Devaswom Board for respondents 1 to 5, the learned Senior Government Pleader for respondents 6, 7 and additional 11[th] and 12[th] respondent, the learned Standing Counsel for Kozhinjampara Grama Panchayat for respondents 8 and 9. 10. 'Deva' means God and 'swom' means ownership in Sanskrit and the term 'Devaswom' denotes the property of God in common parlance. [see: **Prayar Gopalakrishnan and another v. State of Kerala and others** - **2018 (1) KHC 536]** 11. In **A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards are required to be protected and safeguarded by their trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse 12 ## W.P.(C)No.12779 of 2023 possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of ‘fence eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 12. In **Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan [(2007) 7 SCC 482]** the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The relevant principles under the Hindu law will show that the Deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court therefore is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957 viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parents patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, 13 ## W.P.(C)No.12779 of 2023 which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings. 13. The role assigned to the Cochin Devaswom Board is that of a trustee in the management of the properties vested in the deity. Therefore, the Board is duty bound to scrupulously - follow the stipulations contained in the Travancore Cochin Hindu Religious Institutions Act, 1950 and to administer and manage the Devaswoms and its properties in accordance with the settled legal principles relating to administration of Hindu religious trusts. The Board being the trustee in the management of Devaswom properties is legally bound to perform its duty with utmost care and caution. Any default committed by the Board in protecting the properties of the Devaswoms would certainly amount to a breach of trust. 14. In the instant case, the pond in question, i.e., Mullaneri Pond owned by the Cochin Devaswom Board, under Chittur Devaswom, has an extent of 6 acres and 73 cents in Re.Sy. Nos.183/1/539/2, 539/1, 577/3/2 and 582/2 of Block No.33 of Kozhipathy Village. The 8[th] respondent Kozhinjampra Grama Panchayat secured Ext.P3 no objection certificate dated 14 W.P.(C)No.12779 of 2023 22.04.2017 from the 2[nd] respondent Special Devaswom Commissioner for renovating Mullaneri Pond owned by the Board, under Chittur Devaswom, under ‘Navakerala Mission-Haritha Keralam Project’. 15. On 12.04.2023, on a specific query made by this Court, the Secretary of the 8[th] respondent Kozhinjampra Grama Panchayat, who was personally present in Court, submitted that other than the excavation of sand/ordinary clay from Mullaneri Pond owned by the Cochin Devaswom Board, no work was undertaken in connection with the renovation of the said pond under ‘Navakerala Mission-Haritha Keralam Project’. The Devaswom Officer, Chittur Devaswom, who was personally present in Court, submitted that the excavation of sand/ordinary clay from Mullaneri Pond owned by the Cochin Devaswom Board is the only work undertaken by the 8[th] respondent Kozhinjampra Grama Panchayat, in connection with the renovation of the said pond. 16. The learned counsel for the petitioners would point out Ext.P8 proceedings dated 17.12.2020 of the 6[th] respondent Geologist, Mining and Geology Department, Palakkad, which would show that the Geologist has issued passes for transporting 12,000 metric tons of ordinary clay from Mullaneri Pond owned by 15 W.P.(C)No.12779 of 2023 the Cochin Devaswom Board. Using 27 passes, out of 200 passes issued by the Geologist, 159 metric tons of ordinary clay has already been removed from the said pond. For removing the balance quantity of 11,841 metric tons of ordinary clay, the validity of the permission granted to the 8[th] respondent Kozhinjampra Grama Panchayat, vide proceedings dated 12.10.2020, was extended up to 16.01.2021, by Ext.P8 proceedings dated 17.12.2020 of the 6[th] respondent Geologist. 17. The learned Standing Counsel for Cochin Devaswom Board would submit that since the 8[th] respondent Kozhinjampra Grama Panchayat has agreed to renovate Mullaneri Pond under Chittur Devaswom, spending Rs.1 Crore under ‘Navakerala - Mission Haritha Keralam Project’, the 2[nd] respondent Special Devaswom Commissioner granted Ext.P3 no objection certificate dated 22.04.2017, whereby the Grama Panchayat was permitted to renovate the said pond. 18. The learned counsel for the petitioners would submit that, though the Special Devaswom Commissioner issued Ext.P3 no objection certificate dated 22.04.2017 with a specific condition that the ownership of Mullaneri Pond shall remain with the Cochin Devaswom Board, in Ext.P5 decision taken by the Panchayat 16 W.P.(C)No.12779 of 2023 Committee on 29.06.2020 and Ext.P6 tender notice dated 09.07.2020, it is stated that Mullaneri Pond is in the possession of Kozhinjampra Grama Panchayat. 19. Admittedly, Ext.P3 no objection certificate granted by the Special Devaswom Commissioner for excavation of the clay from the pond in question, which is under challenge in this writ petition, has already been recalled, as evident from Ext.R1(c) order dated 13.03.2023. The averments in the additional affidavit filed by the 1[st] respondent would show that the entry in the basic tax register in respect of the disputed pond was changed during resurvey proceedings. For correction of that mistake, the 1[st] respondent Board has already filed Ext.R1(g) application dated 11.07.2023, which is now pending consideration before the additional 12[th] respondent Tahsildar, Chittur Taluk. 20. In such circumstances, this writ petition is disposed of by directing the additional 12[th] respondent Tahsildar to consider and pass appropriate orders on Ext.R1(g) application dated 11.07.2023 made by the Devaswom Officer, Chittur Devaswom, with a notice to the petitioner, the Secretary of Kozhinjampara Grama Panchayat, and other affected parties, if any, as expeditiously as possible, at any rate, within a period of three 17 ## W.P.(C)No.12779 of 2023 months from the date of receipt of a certified copy of this judgment. Till such time, the interim order granted by this Court on 12.05.2023 shall continue to be in force. Subject to the outcome of those proceedings, it is for the Board to take further course in the matter, with notice to the 8[th] respondent Grama Panchayat. The reliefs sought in this writ petition regarding the removal of sand and clay by the 8[th] respondent Grama Panchayat from Mullaneri Pond under Chittur Devaswom are left open, which the petitioners can pursue after the disposal of Ext.R1(g) application dated 11.07.2023 made by the Devaswom Officer, Chittur Devaswom. ## **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **G. GIRISH, JUDGE** MIN 18 ## W.P.(C)No.12779 of 2023 ## **`APPENDIX OF WP(C) 12779/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.A7/8605/16 SENT BY THE SECRETARY, OF THE PANCHAYAT TO THE COCHIN DEVASWOM BOARD DATED 5-12-2016 ``` ``` EXHIBIT P2 TRUE COPY OF THE OFFICIAL MEMORANDUM NO.R- 13744/16 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT DATED 14-12-2016 ``` ``` EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.R-13744/16 DATED 22-4-2017 OF THE 2ND RESPONDENT ``` ``` EXHIBIT P4 TRUE COPY OF THE DETAILED ESTIMATE PREPARED BY ASST. ENGINEER LSGD, KOZHINJAMPARA PANCHAYAT DATED 7/7/2020 ``` ``` EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE MEETING OF THE PANCHAYAT AS AGENDA ITEM 5 (2) DATED 29-6-2020 ``` ``` EXHIBIT P6 TRUE COPY OF THE TENDER NOTIFICATION NO.A4/239/2020 DATED 9-7-2020 ``` ``` EXHIBIT P7 TRUE COPY OF THE AGREEMENT EXECUTED BY THE 10TH RESPONDENT IN FAVOUR OF THE PANCHAYAT DATED 3-8- 2020 EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS NO.102/2020- 21/OC/DOP/1639/2020/A1 DATED 17-12-2020 OF THE 6TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO.A3/1996/2020 OF THE PANCHAYAT DATED 19-01-2021 EXHIBIT10 TRUE COPY OF COMPLAINT FILED BY THE KARSHAKA SAMITHI BEFORE THE REVENUE DIVISIONAL OFFICER PALAKKAD DATED 23-12-2020 ``` ``` EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.A3/618/2023 DATED 17-2-2023 SENT BY THE PANCHAYAT TO THE COMMISSIONER, THE 3RD RESPONDENT ``` ``` EXHIBIT P12 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 7-3- 2023 ``` 19 W.P.(C)No.12779 of 2023 ``` EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPHS OF THE POND ``` ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R8 (A) A TRUE COPY OF CERTIFICATE NO 60/2020 DATED 15/07/2020 ISSUED BY THE VILLAGE OFFICE, KOZHIPATHY ``` ``` EXHIBIT R8 (B) A TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF LAND IN OLD SURVEY NO 539/PT, 537/PT, 528/PT AND 525/PT IN BLOCK NO 33 IN KOZHIPATHY VILLAGE HAVING A TOTAL EXTENT OF 2.5760 HECTARES ``` ``` EXHIBIT R8 (C) A TRUE COPY OF THE AUCTION DIARY DATED 17/07/2020 ``` - **`EXHIBIT R8 (D) A TRUE COPY OF LR. NO.R. 13744/16 DATED 13/03/2023 OF THE SECRETARY, COCHIN DEVASWOM BOARD, TRISSUR`** ``` EXHIBIT R8 (E) A TRUE COPY OF THE AUCTION DEPOSIT RECEIPT NO 120030103928 DATED 17/07/2020 ``` - **`EXHIBIT R8 (F) A TRUE COPY OF RECEIPT NO 120030104689 DATED 03/08/2020 SHOWING REMITTANCE OF RS.4,75,000/-`** - **`EXHIBIT R8 (G) A TRUE COPY OF RECEIPT NO 120030104690 DATED 03/08/2020 SHOWING PAYMENT OF ROYALTY`** - **`EXHIBIT R8 (H) A TRUE COPY OF CHALLAN NO 7602654 DATED 07/09/2020`** - **`EXHIBIT R8(I) A TRUE COPY OF THE ASSET REGISTER IN FORM NO 7- EXTRACT OF THE DIGITAL REGISTER`** ``` EXHIBIT R8(J) A TRUE COPY OF RECEIPT NO 1200104460/G090902 DATED 26/02/2021 ``` - **`EXHIBIT R8 (K) A TRUE COPY OF THE LETTER DATED 28/01/2022 BY THE 1ST PETITIONER, ADDRESSED TO THE SECRETARY, KOZHINJAMPARA PANCHAYAT`** ``` EXHIBIT R1 ( A ) TRUE COPY OF REPORT NO. M2- 4341/16 DATED 20/03/2017 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT ``` 20 W.P.(C)No.12779 of 2023 ``` EXHIBIT R1 ( B ) TRUE COPY OF NO OBJECTION CERTIFICATE NO. R- 13744/16 DATED 22/04/2017 ISSUED BY THE 1ST RESPONDENT. ``` ``` EXHIBIT R1 ( C ) TRUE COPY OF ORDER NO. R. 13744/16 DATED 13/03/2023 ISSUED BY THE 1ST RESPONDENT. ``` ``` EXHIBIT R1 ( D ) TRUE COPY OF LETTER NO. R. 13744/16 DATED 13/03/2023 ISSUED BY THE 1ST RESPONDENT TO THE 8TH RESPONDENT GRAMA PANCHAYATH. ``` ``` EXHIBIT R1 ( E ) TRUE COPY OF REPORT NO. 414/VIG/CDB/23 DATED 08/06/2023 SUBMITTED BY THE VIGILANCE ASSISTANT, COCHIN DEVASWOM BOARD TO THE 1ST RESPONDENT. ``` ``` EXHIBIT R1 ( F ) TRUE COPY OF REPORT NO. 414/VIG/CDB/2023 DATED 03/07/2023 SUBMITTED BY THE VIGILANCE ASSISTANT, COCHIN DEVASWOM BOARD TO THE 1ST RESPONDENT. ``` - **`EXHIBIT R1 ( G ) TRUE COPY OF THE APPLICATION DATED 11.7.2023 SUBMITTED BY THE DEVASWOM OFFICER, CHITTUR DEVASWOM TO THE TAHASILDAR, CHITTUR TALUK, CHITTUR`** ``` EXHIBIT R1 ( H ) TRUE COPY OF THE RECEIPT DATED 11.7.2023 ISSUED BY THE TAHASILDAR, CHITTUR TALUK, CHITTUR TO THE DEVASWOM OFFICER, CHITTUR ``` ``` EXHIBIT R1 ( I ) TRUE COPY OF THE APPLICATION DATED 23/09/2023 SUBMITTED BY THE DEVASWOM OFFICER, CHITTUR DEVASWOM TO THE 8TH RESPONDENT GRAMA PANCHAYAT ```