W.P.(C) Nos.18601, 40018 & 41485 of 2022

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` MONDAY, THE 11[th] DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 ``` ## **`WP(C) NO. 18601 OF 2022`** ## **`PETITIONER:`** ``` JACKSON MICHAEL, S/O MICHAEL, VALOORAN HOUSE, PULLAZHI P.O., THRISSUR-680012. BY ADV DILIP J. AKKARA ``` ## **`RESPONDENTS:`** |**`1`**|**`THE STATE OF KERALA`**| |---|---| ||**`REP. BY SECRETARY TO GOVERNMENT,`**| ||**`DEPARTMENT OF REVENUE, SECRETARIAT, PALAYAM,`**| ||**`THIRUVANANTHAPURAM-695001.`**| |**`2`**|**`THE DISTRICT COLLECTOR`**| ||**`THRISSUR, CIVIL STATION, AYYANTHOLE,`**| ||**`THRISSUR-680003.`**| |**`3`**|**`THE ASSISTANT EXECUTIVE ENGINEER,`**| ||**`PWD ROADS SECTION, CHEMBUKAVU,`**| ||**`THIRISSUR-680020.`**| |**`4`**|**`DISTRICT SURVEY SUPERINTENDENT,`**| ||**`THRISSUR, COLLECTORATE, AYYANTHOLE,`**| ||**`THRISSUR-680003.`**| ## **`OTHER PRESENT:`** ## **`GP - RIYAL DEVASSY`** ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2024, ALONG WITH WP(C).40018/2022 AND 41485/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P (C) Nos.18601, 40018 & 41485 of 2022 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ## **`MONDAY, THE 11[th] DAY OF MARCH 2024 / 21ST PHALGUNA, 1945`** ``` WP(C) NO. 40018 OF 2022 ``` ## **`PETITIONERS:`** - **`1 JOHNY K.T.,S/O THOMA, 77 YEARS KIDANGAN HOUSE, PULLAZHI P.O., THRISSUR-680012.`** - **`2 AMEER ALI, S/O MUHAMMEDALI, 67 YEARS PANIKKAVEETTIL HOUSE, PULLAZHI P.O., THRISSUR-680012.`** - **`3 JOY A.J., S/O JOSEPH, 72 YEARS, AMBOOKKAN HOUSE, PULLAZHI P.O., THRISSUR-680012.`** - **`4 SUBRAMANIYAN, S/O KUTTAPPAN CHETTIYAR,`** - **`57 YEARS , PULLAZHI P.O., THRISSUR-680012.`** - **`5 T.V. AUGUSTINE, 66 YEARS S/O VARU, THATTIL MANDI HOUSE, PULLAZHI, THRISSUR-680012.`** - **`6 MARY, W/O P.V. PAUL,80 YEARS CHIRIYANKANDATHU PALLIPURATHUKARAN HOUSE, CHRIST VILLA, PULLAZHI P.O., THRISSUR-680012.`** ``` BY ADV DILIP J. AKKARA ``` ## **`RESPONDENTS:`** - **`1 THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, PALAYAM, THIRUVANANTHAPURAM-695001.`** - **`2 THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR-680003.`** - **`3 THE ASSISTANT EXECUTIVE ENGINEER,`** W.P (C) Nos.18601, 40018 & 41485 of 2022 3 ``` PWD ROADS SECTION, CHEMBUKAVU, THIRISSUR-680020. ``` - **`4 DISTRICT SURVEY SUPERINTENDENT, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR-680003.`** ``` GP RIYAL DEVASSY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, ALONG WITH WP(C).18601/2022 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P (C) Nos.18601, 40018 & 41485 of 2022 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` MONDAY, THE 11[th] DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 ``` ``` WP(C) NO. 41485 OF 2022 ``` ## **`PETITIONERS:`** - **`1 LALITHA, W/O.VINODHAN, 69 YEARS PULLAYIL HOUSE KLM ROAD, PULLAZHI P.O., THRISSUR-680012.`** - **`2 VELAYUDHAN,S/O RAMAN, 84 YEARS, KOCHATHU VEETTIL HOUSE, PULLAZHI P.O., THRISSUR-680012.`** - **`3 M. A. JOSE,S/O ANTHONY, AGED 69, MUTTATH HOUSE, KLM ROAD, PULLAZHI P.O., THRISSUR-680012.`** - **`4 SEBASTIAN,S/O JOSEPH, 70 YEARS, NELLISSERY HOUSE, PULLAZHI P.O., THRISSUR-680012.`** ``` BY ADV DILIP J. AKKARA ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, PALAYAM, THIRUVANANTHAPURAM-695001.`** - **`2 THE DISTRICT COLLECTOR THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR-680003.`** - **`3 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SECTION, CHEMBUKAVU, THIRISSUR-680020.`** - **`4 DISTRICT SURVEY SUPERINTENDENT, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR-680003.`** - **`ADDL.R5 ANTO PAUL, S/O PAUL B.A, AGED 55 YEARS, BRAHMAKULAM HOUSE, PULLAZHI P.O,`** W.P (C) Nos.18601, 40018 & 41485 of 2022 5 ``` THRISSUR-680012 ``` ``` ADDL.R6STALIN JOSEPH,S/O C.P JOSEPH,AGED 52 YEARS CHIRAMEL KUNJAVU (H), PULLAZHI P.O, THRISSUR-680012 ``` ``` ARE IMPLEADED AS PER ORDER DATED 11.3.2024 IN IA 1/23 IN WP(C) ``` ``` BY ADVS. K.I.SAGEER MUHAMMED YASIL ``` ``` GP RIYAL DEVASSY ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2024, ALONG WITH WP(C).18601/2022 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P (C) Nos.18601, 40018 & 41485 of 2022 6 ## **VIJU ABRAHAM, J.** **................................................................. W.P (C) Nos.18601, 40018 & 41485 of 2022 .................................................................** Dated this the 11[th] day of March, 2024 ## **JUDGMENT** Since common issues are raised in these writ petitions, all are heard together and disposed of by a common judgment. W.P.(C) No.41485 of 2022 is treated as the leading case and the facts of the said case will be adverted to in this judgment. 2. Petitioners are the residents of Pullazhi and Aranattukkara Villages on the sides of Kerala Lakshmi Mill Road, stretching from Olarikkara to Pullazhi in Aranattukkara and Pullazhi Villages. They are aggrieved by the arbitrary notice issued to them by the 3[rd] respondent under the Land Conservancy Rules to evict alleged encroachments. Petitioners as well as their neighbours had purchased their residential property along the Olari-Pullazhi road known as KLM road around 50 years ago, have constructed their residences obtaining due permits from local governing bodies and paying taxes to the State for their respective properties. The 1[st] petitioner has 8.29 Ares of property comprised in survey no.135/P in Pullazhi Village obtained for valuable consideration as per Ext.P1 and is paying property tax as is evident from Ext.P1(a). 1[st] petitioner’s house was constructed under valid permit and numbered by the local Panchayat. The 2[nd] petitioner owns 12 cents (4.86 W.P (C) Nos.18601, 40018 & 41485 of 2022 7 Ares) of property along the KLM Road comprised in survey no.141/2 of Pullazhi Village purchased as per Ext.P2 document, whose assignors got it as per document no.3101/1124 of Thrissur SRO and is paying property tax as is evident from Ext.P2(a). 2[nd] petitioner has obtained a permit and built a house which is duly numbered by the Panchayat. The 3[rd] petitioner has 15 cents of property comprised in survey no.143/1P in Pullazhi Village obtained for valuable consideration as per Ext.P3 and is paying property tax as is evident from Ext.P3(a). 3[rd] petitioner’s house was numbered by the local Panchayat as 48/333. The 4[th] petitioner along with his wife owns 20.530 cents as per Ext.P4 document, whose assignors got it as per document no.2279/74 and is paying property tax as is evident from Ext.P4(a). The title deeds and the property tax receipts in respect of the petitioners' properties are produced as Ext P1 to P4 (a). The petitioners have not encroached upon any Government land and they are in ownership and possession of respective residential/commercial properties along the KLM Road for many decades and are living with families in houses constructed under valid permits and duly numbered by the local authorities and they have been paying tax in respect of the said buildings. While so, the 3[rd] respondent issued eviction notices alleging that a major portion of the property including portions of their houses situated in encroached puramboke. Petitioners on enquiry came to know that the said notices were issued based on a dubious survey conducted without any notice to the petitioners. Petitioners relying on W.P (C) Nos.18601, 40018 & 41485 of 2022 8 Ext.P6 masterplan for Thrissur city would contend that the KLM Road from Ollari to Pullari has a verified width of minimum 10 metres. Petitioners submit that a perusal of Exts.P7 and P7(a) which are the earlier official survey maps would clearly show that the finding in Ext.P5 series of encroachment survey sketch produced in the writ petition are absolutely wrong. Petitioners point out as an example to substantiate their contentions that the width of the road in Ext.P5 survey no. 300 at point E on the right side near Ollari junction is 266 whereas actually the said width is only 133 as is seen from Ext.P7(a). Similarly width of the road in Ext.P5(b) right near 27, the width is shown as 182 whereas in Ext.P7(b) the said width is actually only 90. In the light of the same, it is contended that the encroachment survey sketches are totally incorrect. In the said circumstance, petitioners approached this court filing W.P.(C) No.6993 of 2022 and connected cases which were disposed of as per Ext.P7 judgment directing to treat Ext.P1 series of eviction notice as a show cause notice and permitting the petitioners to file an objection and to finalise the proceedings after the conclusion of enquiry under Section 12 of the Land Conservancy Act. Thereafter, objections were filed but in an arbitrary manner against the spirit of Ext.P10 judgment, Ext.P12 series of eviction notice. Petitioners submit that a suit was filed as O.S. No 49 of 2023 as Ext.P13 and Ext.P14 order of injunction was granted in I.A. No.3 of 2023 in O.S. No.49 of 2023 whereby the respondents were restrained by an order of temporary injunction from trespassing into petition A schedule property W.P (C) Nos.18601, 40018 & 41485 of 2022 9 and incorporating any portion of the said properties to petition B schedule road mentioned in the plaint. Petitioners further submit that Ext.P15 appeal under Section 11 of The Kerala Survey and Boundaries Act, 1961 was also preferred before the 2[nd] respondent pointing out the anomalies in the survey conducted. Petitioners rely on the judgments in _**Autumn Wood Resorts (Cloud 9) (M/s) Munnar v. State of Kerala and Others, 2014 (3) KHC 305 (DB), Harrison Malayalam Ltd (M/s) Cochin v. State of Kerala, 2014 (4) KHC 245**_ and the decision in _**Kunhikrishnan T.K. v. State of Kerala and another, 2018 (1) KHC 813**_ and contended that if a person is in legal possession of land, without determining the legal possession, proceedings under the Land Conservancy Act cannot be initiated. 3. Similar contentions were raised in W.P.(C) No.18601 of 2022 also and in W.P.(C) No.40018 of 2022 it is stated therein that O.S. No.252 of 2023 is filed and a copy of the plaint is produced as Ext.P9. 4. A counter affidavit has been filed wherein it is contended on the strength of Ext.R3(e) report of the Survey Superintendent that the survey and demarcation were done in accordance with law and in the presence of the petitioners. 5. Heard the learned counsel for the petitioners and the learned Government pleader. 6. The specific contention raised by the petitioners is that the proceedings now initiated are in violation of the directions in Ext.P10 W.P (C) Nos.18601, 40018 & 41485 of 2022 10 judgment wherein a batch of writ petitions were disposed of. Petitioners in W.P.(C) No.41485 of 2022 on the strength of Exts.P7 and P7(a) official survey map Ollari-Pullazhi road would submit that Ext.P5 series of encroachment surveys does not tally with the same and that the encroachment survey sketches are totally incorrect. 7. It is seen that an interim order has been passed in all these cases which is in force till date. Few of the petitioners have filed civil suits and have obtained injunction orders as evident from Ext.P14 produced in W.P.(C) No.41485 of 2022. Likewise, few of the petitioners have preferred appeal under the Kerala Survey and Boundaries Act, 1961 alleging anomaly in the survey before the 1[st] respondent District Collector. In view of the specific contentions of the petitioners that encroachment survey sketches are prepared not in accordance with law and that the civil court has interfered in the matter and has granted injunction and further that appeals have been preferred challenging the anomalies in the survey conducted, I am of the opinion that the writ petitions could be disposed of with the following directions. (i) The respondents will be bound by the injunction granted by the competent civil court as evident from Ext.P14 or any other orders obtained in favour of the petitioners herein from the competent civil court. (ii) The 1[st] respondent shall take up Ext.P15 appeal or any other similar appeal if filed by the petitioners within a period of 2 weeks from the date of W.P (C) Nos.18601, 40018 & 41485 of 2022 11 receipt of the copy of the judgment and dispose of the same in accordance with the law after considering the validity of the contentions raised by the petitioners regarding the anomalies in the survey conducted strictly in accordance with the law. The 1[st] respondent while taking a decision on Ext.P15 appeal or any other similar appeals filed by other petitioners shall also take into consideration the contentions of the petitioners based on _**Autumn Wood Resorts (Cloud 9) (M/s) Munnar v. State of Kerala and Others, 2014 (3) KHC 305 (DB), Harrison Malayalam Ltd (M/s) Cochin v. State of Kerala, 2014 (4) KHC 245**_ and the decision in _**Kunhikrishnan T.K. v. State of Kerala and another, 2018 (1) KHC 813**_ and dispose of the same after affording an opportunity of being heard to the petitioner. (iii) The respondents shall further proceed with eviction notices impugned in these writ petitions only in accordance with the outcome of Ext.P15 appeal/appeals if any by the other petitioners and also subject to the orders passed by the competent civil court in this regard. These writ petitions are disposed of as above. **Sd/-** **VIJU ABRAHAM JUDGE** cks W.P (C) Nos.18601, 40018 & 41485 of 2022 12 ## **`APPENDIX OF WP(C) 18601/2022`** ``` PETITIONER EXHIBITS Exhibit P1PHOTOCOPYOFTAXRECEIPTNO. KL08015900056/2021 DATED 16-2-202 ISSUED BY VILLAGE OFFICER PULLAZHI: Exhibit P2PHOTOCOPY OF EVICTION NOTICE DATED 13-10- 21 ISSUED BY 3RD RESPONDENT TO PETITIONER UNDER THE LAND CONSERVANCY RULE 13: Exhibit P3PHOTOCOPYOFENCROACHMENTSKETCH II/III/1/65 OF OLARI-PULLAZHI ROAD IN PULLAZHIVILLAGEISSUEDBY4TH RESPONDENT: Exhibit P4PHOTOCOPY OF MASTER PLAN OF THRISSUR CITY ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT: Exhibit P4 APHOTOCOPY OF ENLARGED PORTION OF EXT.P-3 MASTER PLAN SHOWING OLARI PULLAZHI ROAD: Exhibit P5PHOTOCOPY OF OFFICIAL SURVEY MAP FIELD NO 552 PULLAZHI VILLAGE (OLARI-PULLAZHI ROAD) DATED 27-12-19 ISSUED BY THE 3RD RESPONDENT: Exhibit P6PHOTOCOPY OF REPLY DATED 24-11-21 FROM PUBLICINFORMATIONOFFICER& SUPERINTENDENT TOWN PLANNING DIVISION THRISSUR CORPORATION: Exhibit P7PHOTOCOPY OF COMMUNICATION DATED 19-11-21 ISSUED BY ASST. ENGINEER AS TO INTENDED EXTENT OF THE ROAD DEVELOPMENT: ``` ``` Exhibit P8PHOTOCOPY OF REPRESENTATION DATED 03-11- 21 SUBMITTED BEFORE THE 2ND RESPONDENT WITH COPY TO 3 RESPONDENT: EXECUTIVE ENGINEER ``` ``` Exhibit P9PHOTOCOPY OF REPRESENTATION DATED 03-11- 21 SUBMITTED BEFORE 4TH RESPONDENT: Exhibit P10PHOTOCOPY OF JUDGMENT DATED 06-04-22 IN ``` W.P (C) Nos.18601, 40018 & 41485 of 2022 13 ``` W.P.(C). 1288/2022 AND CONNECTED WRIT PETITIONS: ``` ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R4(a)TRUE COPY OF THE ENCROACHMENT SKETCH OF THE DISTRICT SURVEY SUPERINTENDENT EXHIBIT R3(b)TRUE COPY OF THE ORDER DATED 26.09.2022 EXHIBIT R3(c)TRUE COPY OF THE FINAL REPORT OF THE DISTRICT SURVEY SUPERINTENDENT ``` W.P (C) Nos.18601, 40018 & 41485 of 2022 14 ## **`APPENDIX OF WP(C) 40018/2022`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit P1`**|**`PHOTO COPY OF ENCROACHMENT SKETCH`**| ||**`I/III/1/27 OF OLARI-PULLAZHI ROAD IN`**| ||**`ARANATTUKKARA VILLAGE ISSUED BY 4TH`**| ||**`RESPONDENT:`**| |**`Exhibit P1(a)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`ENCROACHMENT`**<br>**`SKETCH`**| ||**`II/III/1/65 OF OLARI-PULLAZHI ROAD IN`**| ||**`PULLAZHI`**<br>**`VILLAGE`**<br>**`ISSUED`**<br>**`BY`**<br>**`4TH`**| ||**`RESPONDENT:`**| |**`Exhibit P1(b)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`ENCROACHMENT`**<br>**`SKETCH`**| ||**`III/III/1/29 OF OLARI-PULLAZHI ROAD IN`**| ||**`PULLAZHI`**<br>**`VILLAGE`**<br>**`ISSUED`**<br>**`BY`**<br>**`4TH`**| ||**`RESPONDENT:`**| |**`Exhibit P2`**|**`PHOTOCOPY OF MASTER PLAN OF THRISSUR CITY`**| ||**`ISSUED BY THE PRINCIPAL SECRETARY TO`**| ||**`GOVERNMENT:`**| |**`Exhibit P2(a)`**|**`PHOTOCOPY OF ENLARGED PORTION OF EXT.P-10`**| ||**`MASTER PLAN SHOWING OLARI PULLAZHI ROAD.`**| |**`Exhibit P3`**|**`PHOTOCOPY OF OFFICIAL SURVEY MAP OF`**| ||**`OLARI-PULLAZHI ROAD DATED 27-12-2019`**| ||**`ISSUED BY THEN SURVEY SUPERINTENDENT`**| ||**`THRISSUR.`**| |**`Exhibit P3(a)`**|**`PHOTOCOPY OF OFFICIAL SURVEY MAP OF`**| ||**`OLARI-PULLAZHI ROAD ORIGINALLY COPIED ON`**| ||**`9-6-07 AND ISSUED ON 8-3-22 ON`**| ||**`APPLICATION BY SURVEY SUPERINTENDENT`**| ||**`THRISSUR:`**| |**`Exhibit P4`**|**`PHOTOCOPY OF REPLY DATED 24-11-21 FROM`**| ||**`PUBLIC`**<br>**`INFORMATION`**<br>**`OFFICER`**<br>**`&`**| ||**`SUPERINTENDENT TOWN PLANNING DIVISION`**| ||**`THRISSUR CORPORATION TO RTI QUERY:`**| |**`Exhibit P5`**|**`PHOTOCOPY OF COMMUNICATION DATED 19-11-21`**| ||**`BY 3RD RESPONDENT AS TO INTENDED EXTENT`**| ||**`OF OLARI-PULLAZHI ROAD DEVELOPMENT:`**| W.P (C) Nos.18601, 40018 & 41485 of 2022 15 |**`Exhibit P6`**|**`PHOTOCOPY OF JUDGMENT DATED 6-4-22 IN`**| |---|---| ||**`W.P.(C) 6993/22 AND CONNECTED MATTERS.`**| |**`Exhibit P7`**|**`PHOTOCOPY OF RECEIPT NO. B4/372934/2022`**| ||**`DATED 27-4-22 ISSUED BY 2ND RESPONDENT TO`**| ||**`1ST PETITIONER.`**| |**`Exhibit P7(a)`**|**`PHOTOCOPY OF RECEIPT B4/372934372697/2022`**| ||**`DATED 26-4-22 ISSUED BY 2ND RESPONDENT TO`**| ||**`2ND PETITIONER.`**| |**`Exhibit P7(b)`**|**`PHOTOCOPY OF RECEIPT NO. B4/373380/2022`**| ||**`DATED 29-4-22 ISSUED BY 2ND RESPONDENT TO`**| ||**`3RD PETITIONER.`**| |**`Exhibit P7(c)`**|**`PHOTOCOPY OF RECEIPT NO. B4/372730/2022`**| ||**`DATED 26-4-22 ISSUED BY 2ND RESPONDENT TO`**| ||**`4TH PETITIONER:`**| |**`Exhibit P7(d)`**|**`PHOTOCOPY OF RECEIPT NO. B4/372690/2022`**| ||**`DATED 26-4-22 ISSUED BY 2ND RESPONDENT TO`**| ||**`5TH PETITIONER.`**| |**`Exhibit P7(e)`**|**`PHOTOCOPY OF RECEIPT NO. B4/372939/2022`**| ||**`DATED 27-4-22 ISSUED BY 2ND RESPONDENT TO`**| ||**`6TH PETITIONER.`**| |**`Exhibit P8`**|**`PHOTOCOPY `**<br>**`OF `**<br>**`EVICTION `**<br>**`ORDER `**<br>**`NO:`**| ||**`A3-CASE/GENERAL/2022`**<br>**`DATED`**<br>**`01-12-22`**| ||**`ISSUED TO 1ST PETITIONER:`**| |**`Exhibit P8(a)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**<br>**`ORDER`**| ||**`NA3-CASE/GENERAL/2022`**<br>**`DATED`**<br>**`01-12-22`**| ||**`ISSUED TO 2ND PETITIONER.`**| |**`Exhibit P8(b)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**<br>**`ORDER`**| ||**`NA3-CASE/GENERAL/2022`**<br>**`DATED`**<br>**`01-12-22`**| ||**`ISSUED TO 3RD PETITIONER.`**| |**`Exhibit P8(c)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**<br>**`ORDER`**| ||**`NA3-CASE/GENERAL/2022`**<br>**`DATED`**<br>**`01.12.22`**| ||**`ISSUED TO 4TH PETITIONER.`**| |**`Exhibit P8(d)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**<br>**`ORDER`**| ||**`NA3-CASE/GENERAL/2022`**<br>**`DATED`**<br>**`01-12-22`**| ||**`ISSUED TO 5TH PETITIONER:`**| |**`Exhibit P8(e)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**<br>**`ORDER`**| W.P (C) Nos.18601, 40018 & 41485 of 2022 16 ||**`NA3-CASE/GENERAL/2022`**<br>**`DATED`**|**`1-12-22`**| |---|---|---| ||**`ISSUED TO 6TH PETITIONER:`**|| |**`Exhibit P-9`**|**`PHOTOCOPY OF PLAINT DATED JANUARY`**|**`2023 IN`**| ||**`0S 252/23 OF MUNSIFF COURT THRISSUR`**|| W.P (C) Nos.18601, 40018 & 41485 of 2022 17 ## **`APPENDIX OF WP(C) 41485/2022`** |**`PETITIONER EXHIBITS`**|| |---|---| |**`Exhibit P1`**|**`PHOTOCOPY OF 1ST PETITIONER'S TITLE`**| ||**`DOCUMENT NO.1932/89 OF AYYANTHOLE SRO`**| ||**`DATED 7-6-89.`**| |**`Exhibit P1(a)`**|**`PHOTOCOPY OF THE PROPERTY TAX RECEIPT NO`**| ||**`U 0565867 DATED 30-08-19 ISSUED BY`**| ||**`VILLAGE `**<br>**`OFFICER `**<br>**`PULLAZHI `**<br>**`TO `**<br>**`1ST`**| ||**`PETITIONER:`**| |**`Exhibit P2`**|**`PHOTOCOPY OF 2ND PETITIONER'S TITLE`**| ||**`DOCUMENT NO.468/78 OF THRISSUR SRO DATED`**| ||**`3-2-78.`**| |**`Exhibit P2(a)`**|**`PHOTOCOPY OF PROPERTY TAX RECEIPT NO.`**| ||**`Q2201294 DATED 30-06-21 ISSUED BY VILLAGE`**| ||**`OFFICER PULLAZHI TO 4TH PETITIONER:`**| |**`Exhibit P3`**|**`PHOTOCOPY OF 3RD PETITIONER'S TITLE`**| ||**`DOCUMENT NO.1410/82 DATED 15-10-82 OF`**| ||**`AYYANTHOLE SRO.`**| |**`Exhibit P3(a)`**|**`PHOTOCOPY OF THE PROPERTY TAX RECEIPT NO.`**| ||**`37953312 DATED 10-11-21 ISSUED BY VILLAGE`**| ||**`OFFICER PULLAZHI TO 3RD PETITIONER.`**| |**`Exhibit P4`**|**`PHOTOCOPY OF 4TH PETITIONER'S TITLE`**| ||**`DOCUMENT NO.559/86 DATED 15-2-86 OF`**| ||**`AYYANTHOLE SRO.`**| |**`Exhibit P4(a)`**|**`PHOTOCOPY OF PROPERTY TAX RECEIPT NO. Q`**| ||**`2286923 DATED 23-10-21 ISSUED BY VILLAGE`**| ||**`OFFICER TO 4TH PETITIONER.`**| |**`Exhibit P5`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`ENCROACHMENT`**<br>**`SKETCH`**| ||**`I/III/1/27 OF OLARI-PULLAZHI ROAD IN`**| ||**`ARANATTUKKARA VILLAGE ISSUED BY 4TH`**| ||**`RESPONDENT.`**| |**`Exhibit P5(a)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`ENCROACHMENT`**<br>**`SKETCH`**| ||**`11/111/1/65 OF OLARI-PULLAZH ROAD IN`**| ||**`PULLAZHI`**<br>**`VILLAGE`**<br>**`ISSUED`**<br>**`BY`**<br>**`4TH`**| ||**`RESPONDENT.`**| W.P (C) Nos.18601, 40018 & 41485 of 2022 18 ``` Exhibit P5(b)PHOTOCOPYOFENCROACHMENTSKETCH III/111/1/29 OF OLARIPULLAZHI ROAD IN PULLAZHIVILLAGEISSUEDBY4TH RESPONDENT. Exhibit P6PHOTOCOPY OF MASTER PLAN OF THRISSUR CITY ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT. Exhibit P6(a)PHOTOCOPY OF ENLARGED PORTION OF EXT.P-10 MASTER PLAN SHOWING OLARI PULLAZHI ROAD. Exhibit P7PHOTOCOPY OF OFFICIAL SURVEY MAP OF OLARI-PULLAZHI ROAD DATED 27-12-2019 ISSUED BY THEN SURVEY SUPERINTENDENT THRISSUR: Exhibit P7(a)PHOTOCOPY OF OFFICIAL SURVEY MAP OF OLARI-PULLAZHI ROAD ORIGINALLY COPIED ON 9-6-07 AND ISSUED ON 8-3-22 ON APPLICATION BY SURVEY SUPERINTENDENT THRISSUR. Exhibit P8PHOTOCOPY OF REPLY DATED 24-11-21 FROM PUBLICINFORMATIONOFFICER& SUPERINTENDENT TOWN PLANNING DIVISION THRISSUR CORPORATION. Exhibit P9PHOTOCOPY OF COMMUNICATION DATED 19-11-21 BY 3RD RESPONDENT AS TO INTENDED EXTENT OF OLARI-PULLAZHI ROAD DEVELOPMENT. Exhibit P10PHOTOCOPY OF JUDGMENT DATED 6-4-22 IN W.P.(C) 6993/22 AND CONNECTED MATTERS. Exhibit P11PHOTOCOPY OF RECEIPT NO. B4/372738/2022 DATED 27-4-22 ISSUED BY 2ND RESPONDENT TO 1ST PETITIONER: ``` - **`Exhibit P11(a) PHOTOCOPY OF RECEIPT B4/372929/2022 DATED 27-4-22 ISSUED BY 2ND RESPONDENT TO 2ND PETITIONER:`** - **`Exhibit P11(b) PHOTOCOPY OF RECEIPT NO. B4/372708/2022 DATED 26-4-22 ISSUED BY 2ND RESPONDENT TO 3RD PETITIONER.`** W.P (C) Nos.18601, 40018 & 41485 of 2022 19 |**`Exhibit P11(c)`**|**`PHOTOCOPY OF OBJECTION SUBMITTED`**|**`BY 4TH`**| |---|---|---| ||**`PETITIONER BY REGISTERED POST `**|**`TO 2ND`**| ||**`RESPONDENT.`**|| |**`Exhibit P12`**|**`PHOTOCOPY `**<br>**`OF `**<br>**`EVICTION `**<br>**`ORDER `**<br>**`NO:`**|| ||**`A3-CASE/GENERAL/2022`**<br>**`DATED`**|**`01-12-22`**| ||**`ISSUED TO 1ST PETITIONER.`**|| |**`Exhibit P12(a)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**|**`ORDER`**| ||**`A3-CASE/GENERAL/2022`**<br>**`DATED`**|**`01-12-22`**| ||**`ISSUED TO 2ND PETITIONER.`**|| |**`Exhibit P12(b)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**|**`ORDER`**| ||**`A3-CASE/GENERAL/2022`**<br>**`DATED`**|**`01-12-22`**| ||**`ISSUED TO 3RD PETITIONER.`**|| |**`Exhibit P12(c)`**|**`PHOTOCOPY`**<br>**`OF`**<br>**`EVICTION`**|**`ORDER`**| ||**`A3-CASE/GENERAL/2022`**<br>**`DATED`**|**`01-12-22`**| ||**`ISSUED TO 4TH PETITIONER.`**|| |**`Exhibit P13`**|**`PRINT OF PHOTO OF DRAINAGE AND CONCRETING`**|| ||**`WORK BEING DONE BY THE WORKERS`**|**`OF 3RD`**| ||**`RESPONDENT.`**|| |**`Exhibit P13(a)`**|**`PRINT OF PHOTO OF FURTHER WORK BEING DONE`**|| ||**`BY WORKERS OF 3RD RESPONDENT.`**|| |**`EXT.P13 AS PER IA`**|**`PHOTOCOPY OF PLAINT DATED 6.2.2023 IN OS`**|| |**`NO.3/2023`**|**`49/2023 ON THE FILE OF SUB `**|**`COURT,`**| ||**`THRISSUR`**|| |**`Exhibit P-14`**|**`COPY OF INJUNCTION ORDER DATED`**|**`27-03-23`**| ||**`OF IST ADDL SUB JUDGE THRISSUR IN`**|**`IA 3/23`**| ||**`IN OS 49/23`**|| |**`Exhibit P-15`**|**`PHOTOCOPY OF APPEAL MEMORANDUM DATED 23-`**|| ||**`02-23 FILED BEFORE 2ND RESPONDENT`**|| |**`Exhibit P-15(a)`**|**`PHOTOCOPY OF RECEIPT NO. B1/514699/2023`**|| ||**`DATED 22-03-23 ISSUED BY 2ND RESPONDENT`**|| |**`Exhibit P-16`**|**`PHOTOCOPY OF APPEAL MEMORANDUM DATED 28-`**|| ||**`02-23 UNDER SURVEY AND BOUNDARIES ACT`**|| ||**`FILED BY 1ST PETITIONERS AND OTHERS`**|| |**`Exhibit P-16(a)`**|**`PHOTOCOPY OF POSTAL RECEIPT OF APPEAL`**|| ||**`MEMORANDUM DATED 28-02-23`**|| W.P (C) Nos.18601, 40018 & 41485 of 2022 20 ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R3(a)TRUE COPY OF THE FINAL ORDER RECEIVED BY THE 1st PETITIONER AND ITS ACKNOWLEDGMENT DATED 06.12.2022. ``` ``` EXHIBIT R3(b)TRUE COPY OF THE FINAL ORDER RECEIVED BY THE 3rd PETITIONER AND ITS ACKNOWLEDGMENT DATED 06.12.2022. ``` ``` EXHIBIT R3(c)TRUE COPY OF THE FINAL ORDER RECEIVED BY THE 4th PETITIONER AND ITS ACKNOWLEDGMENT DATED 07.12.2022. EXHIBIT R3(d)TRUE COPY OF THE ORDER No.LRB1-221/22 DATED 26.09.2022 OF THE 4th RESPONDENT EXHIBIT R3(e)TRUE COPY OF THE REPORT No. LRB1-221/22 DATED 30.11.2022 OF THE DISTRICT SURVEY SUPERINTENDENT. ```