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    IN THE SUPREME COURT OF INDIA

    (CIVIL APPELLATE JURISDICTION)

    REVIEW PETITION (CIVIL) NO. 1579 OF 2011

    In

    WRIT PETITION (CIVIL) NO. 127 OF 2011

    (Arising out of Final Order and Judgement dated 04.04.2011 passed by the

    Honble Supreme Court of India in Writ Petition (Civil) No. 127 of 2011)

    IN THE MATTER OF:

    A REVIEW PETITION UNDER ARTICLE 137 OF CONSTITUTION OF INDIA

    READ WITH ORDER XL RULE 2 OF THE SUPREME COURT RULES, 1966,

    AGAINST THE FINAL ORDER AND JUDGEMENT DATED 04.04.2011

    PASSED BY THE HONBLE SUPREME COURT OF INDIA IN WRIT

    PETITION (CIVIL) NO. 127 OF 2011)

    AND IN THE MATTER OF:

    P.V.Ravi Chandran

    Advocate,5, Divya Krupa,

    1st Street Extn.

    Sri Krishna Nagar,

    Maduravayal,

    Chennai 600095 . Petitioner

    Vs.

    1. The Union of India,

    Through the Secretary,

    Ministry of Home Affairs,

    Department of Home Affairs,

    North Block, Central Secretariat,

    Nav Dehli 110001.

    2. The State of Jammu and Kashmir

    Represented by its Chief Secretary,Department of Home,

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    Secretariat,

    Srinagar 190009,

    Jammu and Kashmir

    3. The Surveyor General of India,

    Survey of India

    Hathibarkala Estate

    Dehra Dun 248001,

    Uttara Khand . Respondents

    To

    The Honble Chief Justice of India and his companion Honble Justice of

    the Supreme Court of India

    Humble Petition of the Petitioner above named

    MOST RESPECTFULLY SHOWETH:

    1. That the Petitioner above named seeks review of order dated 04.04.2011

    passed by this Honble Court (Hon'ble THE CHIEF JUSTICE, Honble Mr.

    Justice K.S.PANICKER RADHAKRISHNAN, And Hon'ble Mr. Justice

    SWATANTER KUMAR) under Article 137 of the Constitution of India,

    whereby the Honble Court was pleased to dismiss the Writ Petition (Civil)

    No. 127 of 2011, wherein this Honble Court was pleased to pass following

    order Heard the petitioner, who has appeared in-person. The writ petition is

    dismissed.

    2. That the facts leading to file the instant Petition in brief are as under: -

    i) The Gazetteer of Kashmr and Ladk compiled under the direction

    of the Quarter Master General in India in the Intelligence Branch and

    was first Published in 1890 and the aforesaid Gazetteer of Kashmr

    and Ladk gives a description and details of places inside Kashmir

    which are evidence apropos issue of the territorial extent of Kashmir

    at the time of her accession to the new dominion of India on 26.10

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    1947 pertaining to the period of the commencement of the

    Constitution of India.

    ii) The maps, viz. the official maps attached to the 2 White Papers

    published in July 1948 and February 1950 by the Government of

    India's Ministry of States, headed, incidentally, by Sardar Vallabhbhai

    Patel, under the authority of India's Surveyor General G.F. Heaney

    bind it in law and give them the legal status to determine the extent of

    the territory of the State of Kashmir as stipulated in Entry 15 in the

    First Schedule of the Constitution on India.

    iii) Pandit Jawaharlal Nehru had in his telegram dated 26 October, 1947

    to the British Prime Minister, Clement Attlee, reiterated and in no

    uncertain terms stated thus, "Kashmir's Northern frontiers, as you are

    aware, run in common with those of three countries, Afghanistan,

    `the Union of Soviet Socialist Republics' and `China' ". Also, the

    Maharaja Hari Singh of Kashmir states in his correspondence with

    Lord Mountbatten of Burma dated October 26, 1947, Besides, my

    State has a common boundary with the Soviet Republic and

    China. The said legal documents are of profound importance in

    determining the territorial extent of the state of Kashmir pertaining to

    the period of the commencement of the Constitution of India.

    iv) The 1st respondent, however, pursuant to a 17 para Memorandum

    dated 1 July 1954 issued by the 1

    st

    respondent herein, which stated

    inter alia that the frontier should be considered a firm and definite

    one, which is not open to discussion with any one. A system of check

    posts should be spread along this entire frontier. More especially, we

    should have check posts in such places as might be considered

    disputed areas, published a new map of Kashmir altering the

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    boundaries of the state of Jammu and Kashmir in such a manner that

    the state of Jammu and Kashmir was depicted as not having a border

    with the then territory of the Soviet Union and moreover not depicting

    vast areas which were previously depicted as integral part of Kashmr

    inter alia in the aforesaid official maps attached to the 2 White Papers

    published in July 1948 and February 1950 by the Government of

    India's Ministry of States, thus verily causing cessionof the territory

    of India and alteration of the boundaries by the 1st respondent

    resulting in the diminution of the territory of India, and the same was

    done with out amending the Constitution of India as laid down by

    Article 368 and was thus done in a manner not known to law, the said

    entire proceedings of the 1st respondent had no legal sanctity

    whatsoever since there had to be the requisite amendment of the

    Constitution of India as laid down by Article 368 as held by this

    Honourable Court in the Berubary Union and Exchange of Cooch-

    Behar Enclaves on 01.04.1959 which was asine qua non.

    v) Though the alteration of the boundaries of the state of Jammu and

    Kashmir as depicted in the new map of Kashmir was pursuant to a 17

    para Memorandum dated 1 July 1954 issued by the 1st respondent

    herein, forinter alia the purported reason that the frontier should be

    considered a firm and definite one, which is not open to discussion

    with any one. A system of check posts should be spread along this

    entire frontier. More especially, we should have check posts in such

    places as might be considered disputed areas and though the said

    Memorandum specifically mentioned Demchok, the Chinese have

    encroached inter alia at Demchok on numerous occasions and stopped

    essential amenities like road construction and sheds which the local

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    inhabitants had been craving for and the human rights of these citizens

    of India have been violated, but the 1st respondent has all but justified

    the encroachments.

    vi) The Petitioner herein caused a legal Notice dated 17.11.2010 to be

    issued to the respondents herein enumerating the aforesaid issues but

    the 1st respondent has neither given a reply whatsoever nor heeded to

    legal notice.

    vii) Hence, Writ Petition (Civil) No. 127 of 2011 was filed by the

    Petitioner on 07.03.2011.

    3. GROUNDS

    That the Petitioner seeks review of the Order dated 04.04.2011 on inter alia

    the following grounds:

    a. The Honourable Court erred passing the order with out at all hearing

    the Petitioner in Person.

    b. The Honourable Court erred in dismissing the Case by not

    pronouncing a speaking order and the same cannot be countenanced

    since the basic requirement of recording of reasons introduces clarity,

    checks the extraneous and irrelevant considerations and averts

    arbitrariness.

    c.The Honourable Court erred in dismissing the Case by not

    pronouncing a speaking order after hearing all the parties in the Writ

    Petition (Civil) No. 127 of 2011 as was done by this Honourable

    Court in the Berubary Union and Exchange of Cooch-Behar Enclaves

    on 01.04.1959 which was asine qua non.

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    d. The Honourable Court erred in not noting that the Case was of

    profound importance and raised very pertinent issues of law and fact

    which had a profound bearing on the sovereignty and territorial

    integrity of India which had to be upheld and protected and that in

    India there was rule of law which principle has been defined by Dicey

    as, .with us every official, from Prime Minister down to Constable

    or collector of taxes, is under the same responsibility for every act

    done without legal justification as any other citizen.., as

    propounded in the maxim however high you may be, law is above

    you.

    e. That this Honble Court did not appreciate that the petition pertained

    to the illegal cartographical cession of the territory of India and

    alteration of the boundaries by the 1st respondent in 1954 resulting in

    the diminution of the territory of India which was done with out the

    requisite amendment of the Constitution of India as laid down by

    Article 368 as held by this Honourable Court in the Berubary Union

    and exchange of Cooch- Behar Enclaves on 01.04.1959, and hence

    was per se illegal.

    f. The Honourable Court erred in not considering the fact that Article 51

    A of the Constitution of India, prescribes that it is the fundamental

    duty of the Citizen of India to uphold the territorial integrity and the

    sovereignty of India.

    g. The Honourable Court erred in not considering the fact that when the

    1st respondent had unscrupulously subverted and circumvented the

    Constitution of India and illegally altered the boundaries in a manner

    not known to law resulting in the illegal diminution of the territory of

    India, the same was per se Illegal and absolutely had no legal sanctity

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    whatsoever and would continue to be ab initio illegal, null and void

    and non est indefinitely forever since the Constitution of India had

    not been amended and the Entry 15 to the First Schedule of the

    Constitution was affected and the same has not been amended, and the

    lapse of time in approaching this Honourable Court, how ever long it

    may be was totally and absolutely irrelevant and the filing of the

    Writ Petition (Civil) No. 127 of 2011 was inevitable and was only

    waiting to happen since in India the Constitution of India was

    sacrosanct and supreme and the 1st respondent should not be

    permitted to achieve a fait accompli and successfully subvert and

    undermine the Constitution of India which was supreme and

    sacrosanct.

    h. The Honourable Court erred in not noting that in a Similar Writ

    Petition pending in the file of this Honourable Court in Writ Petition

    (Civil) No. 561 of 2008, which also pertained to the same issue of the

    illegal cession of the territory of India resulting in the diminution of

    the territory of India, the preliminary issue of the purported delay of

    34 years in filing the PIL and why the Petitioner woke up after 34

    years and whether the petition was maintainable now after a long

    lapse of time" was raised but never the less the said Writ Petition

    (Civil) No. 561 of 2008 was not dismissed in limine and notice to the

    respondent was issued and the said Writ Petition (Civil) No. 561 of

    2008 is still pending and hence, this Honourable Court was bound to

    apply the same yardstick and ought to be consistent and it did not

    behove the honourable apex court of India to be inconsistent and

    apply different yardstick to similar cases.

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    i. The Honourable Court did not appreciate the fact that this honourable

    Court, having not in limine dismissed a similar case in Writ Petition

    (Civil) No. 561 of 2008 on the ground of purported delay in filing

    and lapse of time, would take a contradictory and inconsistent stance

    if Writ Petition (Civil) No. 127 of 2011 were dismissed and the same

    would result in applying different yardsticks in similar cases which

    would result in patent discrimination and inter alia violation of Article

    14 of the Constitution of India.

    j. The Honourable Court ought to have stated in a clear unambiguous

    manner, and laid down the law in so many words, if it were indeed

    the view of this Honourable Court that even if the initial cession of

    the territory of India resulting in the diminution of the territory of

    India was done with out the prerequisite amendment of the

    Constitution of India as laid down by Article 368 was illegal, the same

    would attain legitimacy and sanctity due to efflux of time since the

    issue had not been challenged and there was a long lapse of time till

    Writ petition (Civil) No. 127 of 2011 was filed in this Honourable

    Court.

    k. The Honourable Court ought to consider the fact that if it were the

    view of this Honourable Court and if this Honourable Court gave a

    finding that not withstanding the fact that the initial cession of the

    territory of India resulting in the diminution of the territory of India

    was done with out the prerequisite amendment of the Constitution of

    India as laid down by Article 368 was illegal, the same would attain

    legitimacy and sanctity due to efflux of time since the issue had not

    been challenged due to the long lapse of time, whether the said ruling

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    would result in the subversion of the Constitution of India which was

    supreme and sacrosanct.

    l. That this Honble Court did not appreciate that after a perusal of the

    Petition in Writ petition (Civil ) No. 127 of 2011 that the pertinent

    issues pertaining to questions of law and fact which are now very

    much in the public domain and the issue has been of late hot in the

    political domain.

    m. The Honourable Court ought to have noted that the violation of the

    fundamental rights of the Citizens of India narrated in the aforesaid

    Writ petition (Civil ) No. 127 of 2011 was a direct and inevitable

    result of the initial illegal cartographical ceding of the territory of

    India resulting in the illegal diminution of the territory of India by the

    1st respondent.

    n. The Honourable Court ought to have noted that there was a vicious

    circle which emanated from the initial ab initio illegal cartographical

    ceding of the territory of India and the publication of the spurious new

    map of Kashmir in 1953 resulting in the alteration of the boundaries

    of the State of Jammu and Kashmir and the diminution of the

    territorial extent of India and now the new ab initio illegal map of

    Kashmir was being used by the first respondent as the basis of the so-

    called border talks being held with the Chinese in a position of

    subservience, which was thus ipso facto illegal and further threatened

    the sovereignty and territorial integrity of India and the nefarious

    conduct of the 1st respondent had to be nipped in the bud.

    o. The Honourable Court ought to have appreciated the fact that the

    Petition filed in Writ petition (Civil ) No. 127 of 2011 was a

    wonderful and marvelous opportunity for this honourable court to

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    redress the wrong and undo the harm done to this nation by the 1st

    respondent and by not seizing the opportunity, this honourable court

    had abdicated its responsibilities of upholding and protecting the

    sovereignty and territorial integrity of the country.

    p. The Honourable Court ought to have noted that the 1st respondent had

    illegally altered the boundaries of the State of Jammu and Kashmir

    and had depicted a new map of Kashmir in 1953 which illegally did

    not depict vast areas which had earlier been depicted as an integral

    part of Kashmir in the official maps attached to the 2 White Papers

    published in July 1948 and February 1950 by the Government of

    India's Ministry of States, headed, incidentally by Sardar Vallabhbhai

    Patel, under the authority of India's Surveyor General G.F. Heaney

    which bind it in law, and which ceased to depict the boundary of the

    State of Jammu and Kashmir with what was then the Soviet Union

    and now the Territory of Gorno Badakhshan now administered by

    Tajikistan.

    q. The Honourable Court did not appreciate the fact that vast areas

    which had been included within the territory of Kashmir in The

    Gazetteer of Kashmr and Ladk compiled under the direction of the

    Quarter Master General in India in the Intelligence Branch and first

    Published in 1890 were overnight illegally depicted as not part of the

    State by the aforesaid illegal and unscrupulous act of the 1st

    respondent.

    r. The Honourable Court did not appreciate the fact that the Princely

    state of Kashmir at the time of her accession to the new Dominion of

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    India on 26.10.1947 had a de jure border with what was then the

    Union of Soviet Socialist Republic and this irrefutable fact is borne

    out by records viz. the telegram of Pandit Jawaharlal Nehru dated 26

    October, 1947 to the British Prime Minister, Clement Attlee, wherein

    he reiterates and in no uncertain terms says, "Kashmir's Northern

    frontiers, as you are aware, run in common with those of three

    countries, Afghanistan, `the Union of Soviet Socialist Republics' and

    `China' ", as well as the correspondence of Maharaja Hari Singh of

    Kashmir with Lord Mountbatten of Burma dated October 26, 1947

    wherein he states, Besides, my State has a common boundary with

    the Soviet Republic and China, both of which are crucial legal

    documents pertaining to the territorial extent of the State of Jammu &

    Kashmir, and the fact that the 1st respondent in the year 1954 depicted

    a new map of Kashmr which altered the boundaries of the state in

    such a manner that the state was illegally depicted as not having a

    border with the Soviet Union resulting in the diminution in the

    territory of India was sufficient enough to even allow the Writ Petition

    in limine as prayed for.

    s. That this Honble Court did not appreciate that in the case of the State

    of Jammu and Kashmir, besides the Entry 15 in the First Schedule of

    the Constitution of India which reads, The territory which

    immediately before the commencement of this Constitution was

    comprised in the Indian state of Jammu and Kashmir, the said state

    had her own constitution wherein Section (4) of the Constitution of

    Jammu and Kashmir unequivocally states, The territory of the State

    shall comprise all the territories which on the fifteenth day of August,

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    1947, were under the sovereignty or suzerainty of the Ruler of the

    State".

    t. That this Honble Court did not appreciate that insofar as the State of

    Jammu and Kashmir was concerned, the power of the Union

    Parliament to dispose of the territory of the state in consequence of an

    international agreement or treaty, under Article 253 is also limited in

    regard to Kashmir . No Bill effecting the disposition of the State of

    Jammu and Kashmir is valid unless passed with the previous consent

    of the State Government. And indeed in the words of Professor

    Gledhill, the treaty making power cannot be used to do what the

    Constitution otherwise forbids .1

    u. That this Honble Court did not appreciate that the power of the Union

    Parliament under Article 3 of the Constitution of India to alter the

    name , area and boundaries of the state has been subjected to a

    limitation by virtue of a proviso to the article. The Proviso reads as:

    Provided further that no bill providing for increasing or

    diminishing the area of the state of Jammu and Kashmir or altering the name or

    boundary of that state shall be introduced in the parliament without the consent

    of the legislature of that state2.

    4. QUESTIONSOF LAW:

    That the Petitioner seeks review of the above said order because following

    questions of law of profound importance having wide ramification arise out

    of this case, which need to be decided by this Hon'ble Court was not

    considered. Those questions of law inter alia are:

    1The Constitution of Jammu and Kashmir by Justice Adarsh Sein Anand, 6th Edn. 2010 Published by Universal Law Publishing Co.Pvt Ltd. C-FF-1A, Dilkhush Industrial Estate, Delhi 110033.2 Constitution(Application to Jammu and Kashmir)Order , 1954;C.O.48, section2(2)

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    a. What are the consequences of the clandestine and surreptitious

    alteration of the boundaries of the State of Jammu and Kashmir

    whereby vast areas of the state which had hitherto been depicted as

    integral part of the State of Jammu and Kashmir in the maps annexed

    to the 2 White Papers published in July 1948 and February 1950 by

    the Government of India's Ministry of States, headed, incidentally by

    Sardar Vallabhbhai Patel, under the authority of India's Surveyor

    General G.F. Heaney which bind it in law, were not depicted as part

    of the said state resulting in the diminution of the territory of India ?

    b. Whether the fact that the people of the Nation had not questioned or

    challenged the initial Illegal act of the first respondent of altering the

    boundaries of the state of Jammu and Kashmir and cartographical

    cession of territory of the state in 1953 resulting in the diminution of

    the territory of India with out following the procedure known to law,

    since they were oblivious and ignorant and also because the whole

    act of the first respondent was done in a stealthy manner and was

    clandestine and surreptitious, and hence the first respondent could get

    away with it all these years till the filing of this Writ petition (Civil )

    No. 127 of 2011 by the Petitioner herein, conferred legitimacy and

    sanctity to the said illegal act of the first respondent?

    c. Whether it was the view of this Honourable Court that even if

    admittedly the initial cession of the territory of India and the

    alteration of the boundaries of the state of Jammu and Kashmir

    resulting in the diminution of the territory of India in 1953 was done

    with out the prerequisite amendment of the Constitution of India as

    laid down by Article 368 and was thus ipso factoab initio illegal, the

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    same would attain legitimacy and sanctity due to efflux of time since

    the issue had not been challenged and there was a long lapse of time?

    d. Whether the fact that the Constitution of India was sacrosanct and

    supreme has lost its relevance in the changed circumstances, given the

    fact that the aforesaid illegal act of the 1 st respondent had not been

    questioned or challenged all these years and there was a long lapse of

    time and hence, was it the View of this Honourable Court that the 1st

    respondent could be permitted to achieve a fait accompli and

    successfully subvert and undermine the Constitution of India which

    henceforth shall cease to be supreme and sacrosanct?

    5. That the petitioner has not filed any other petition of Review earlier before this

    Honble Court against the final order and judgment dated 04.04.2011 passed by

    this Honble Court in W.P. (Civil) No. 127 of 2011.

    PRAYER

    Therefore in light of these submissions and the in light of question of law raised in

    the Petition it is most respectfully prayed that this Honble Court be graciously

    pleased to:

    i. Review its order dated 04.04.2011 passed in Writ Petition (Civil)

    No. 127 of 2011 and

    ii. Pass such other or further order as this Honble Court may deed fit

    or proper in the interest of Justice.

    FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY

    New Delhi

    Drawn on: 17.04.2011 Petitioner in Person

    Filed on: 27.04.2011

    Drawn by: P.V. Ravi Chandran, Advocate

    Petitioner in Person

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    INDEX

    Sl. No. PARTICULARS PAGE

    NO.

    1 Office Report on Limitation A2 Synopsis and List of Dates

    3 Impugned order dated 04.04.2011 passed by this Honble

    Court in Writ Petition (Civil) No. 127 of 2011

    4 Review Petition with Affidavit

    5 Annexure A: Extract of the map of India annexed to the 2

    White Papers published in July 1948 and February 1950 by

    the Government of India's Ministry of States, headed,

    incidentally by Sardar Vallabhbhai Patel, under the authority

    of India's Surveyor General G.F. Heaney which bind it in

    law.

    IN THE SUPRME COURT OF INDIA

    REVIEW PETITION (CIVIL) NO. 1579 of 2011

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    Petition seeking Review of Order dated 04.04.2011 passed by this Honble Court

    in Writ Petition (Civil) No. 127 of 2011.

    IN THE MATTER OF:

    P.V.Ravi Chandran

    Advocate,

    5, Divya Krupa,

    1st Street Extn.

    Sri Krishna Nagar,

    Maduravayal,

    Chennai 600095 . Petitioner

    AND

    1. The Union of India,

    Through the Secretary,

    Ministry of Home Affairs,

    Department of Home Affairs,

    North Block, Central Secretariat,

    Nav Dehli 110001.

    2. The State of Jammu and Kashmir

    Represented by its Chief Secretary,

    Department of Home,

    Secretariat,

    Srinagar 190009,

    Jammu and Kashmir

    3. The Surveyor General of India,

    Survey of IndiaHathibarkala Estate

    Dehra Dun 248001,

    Uttara Khand . Respondents

    Office Report On Limitation

    The Review Petition is within time.

    (SECTION OFFICER)

    NEW DELHI

    DATED: .04.2011

    SYNOPSIS AND LIST OF DATES

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    That the instant Review Petition(Civil) has been filed by the petitioner being

    aggrieved by the final judgment and order dated 04.04.2011 passed by this Honble

    Court (Hon'ble THE CHIEF JUSTICE, Honble Mr. Justice K.S.PANICKER

    RADHAKRISHNAN, And Hon'ble Mr. Justice SWATANTER KUMAR)

    whereby the Honble Supreme Court by its Judgment and order was pleased to

    dismiss the Writ Petition (Civil) No. 127 of 2011 filed by the petitioner.

    The petitioner raised the issue that new map of Kashmir issued by the 1st

    respondent in the year 1954 was per se illegal and ab initio illegal and null and

    void inter alia since the 1st respondent had in the year 1954 published the

    aforesaid new map of Kashmr which in effect had altered the boundaries of the

    state in such a manner that the state was illegally depicted as not having a border

    with the Soviet Union and besides, the said map also did not depict vast areas

    which had previously been depicted as an integral part of Kashmir in the official

    maps attached to the 2 White Papers published in July 1948 and February 1950

    pertaining to the period of the commencement of the Constitution of India by the

    Government of India's Ministry of States, headed, incidentally by Sardar

    Vallabhbhai Patel, under the authority of India's Surveyor General G.F. Heaney

    which bind it in law, resulting in the diminution in the territory of India.

    Besides, inter alia vast areas of the state of Jammu and Kashmir which had been

    included within the territory of Kashmir in The Gazetteer of Kashmr and Ladk

    compiled under the direction of the Quarter Master General in India in the

    Intelligence Branch and first Published in 1890 were overnight illegally depicted as

    not part of the State by the aforesaid illegal act of the 1st respondent and since the

    same had verily resulted in the cession of the territory of the state of Jammu and

    Kashmir resulting in the diminution in the territory of India and since this was

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    done with out amending the Constitution of India as laid down by Article 368 and

    was thus done in a manner not known to law, the said entire proceedings of the 1st

    respondent had no legal sanctity whatsoever and this Honourable Court had in

    Berubary Union and exchange of Cooch- Behar Enclaves held that when there was

    cession of the territory of India and alteration of the boundaries by the 1st

    respondent resulting in the diminution of the territory of India, there had to be the

    requisite amendment of the Constitution of India as laid down by Article 368.

    The alteration of the boundaries of the state of Jammu and Kashmir as depicted

    in the new map of Kashmir was pursuant to a 17 para Memorandum dated 1 July

    1954 issued by the 1st respondent herein, which stated inter alia that the frontier

    should be considered a firm and definite one, which is not open to discussion with

    any one. A system of check posts should be spread along this entire frontier. More

    especially, we should have check posts in such places as might be considered

    disputed areas. But in spite of the said purported reason, the Chinese have

    encroached and stopped essential amenities like road construction and sheds which

    the local inhabitants had been craving for and the human rights of these citizens of

    India have been violated, but the 1st respondent has all but justified the

    encroachments.

    The Petitioner herein caused a legal Notice dated 17.11.2010 to be issued to

    the respondents herein enumerating the aforesaid issues but the 1

    st

    respondent has

    neither given a reply whatsoever nor heeded to legal notice.

    LIST OF DATES

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    1950 The official maps attached to the 2 White Papers published in July

    1948 and February 1950 by the Government of India's Ministry of

    States, headed, incidentally, by Sardar Vallabhbhai Patel, under the

    authority of India's Surveyor General G.F. Heaney bind it in law

    1.07.1954 A 17 para Memorandum issued by the 1st respondent herein

    1954 New map of Kashmir published by the 1st respondent herein which

    depicted altered boundaries resulting to cession of territory of India

    and the diminution in the territory of India

    14.11.196

    2

    Unanimous resolution of the Parliament of India vowing to recover

    every inch of land occupied by China howsoever long or hard the

    struggle may be.

    November

    2009

    The 1st Respondent meekly capitulated and succumbed to the arrogant

    threats and intimidations of the Chinese army and stopped work on

    an 8-km road project being constructed because the local residents i.e.

    Citizens of India had been demanding a link to improve road

    connectivity and provide employment to local residents, under the

    National Rural Employment Guarantee Scheme (NREGS) in

    Demchok, near Rudokh, in near-eastern historic Ladakh after the

    Chinese army objected

    September

    October

    2010

    The Chinese had once again encroached into the Gombir area near

    Demchok in Kashmir and intimidated and threatened the citizens

    residing in that part of this country and the Civilian workers who

    were constructing a shed which was approved at an estimated cost of

    Rs 2 lakh to be built at village Gombir under the Border Area

    Development Project of the Ministry of Home Affairs for the utility of

    the public, the plan for which was cleared by the state Rural

    Development Department, and were successful in preventing the

    construction.

    17.11.201

    0

    The Petitioner herein caused a legal Notice to be issued to the

    respondents herein

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    07.03.201

    1

    Writ Petition (Civil) No. 127 of 2011 filed by the petitioner filed in

    this Honourable Court.

    4.04.2011 Writ Petition (Civil) No. 127 of 2011 dismissed.

    ITEM NO.48 COURT NO.1 SECTION PIL

    S U P R E M E C O U R T O F I N D I A

    RECORD OF PROCEEDINGS

    WRIT PETITION (CIVIL) NO.127 OF 2011

    (For Prel. Hearing)

    P.V.RAVI CHANDRAN Petitioner(s)

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    VERSUS

    UNION OF INDIA AND ORS. Respondent(s)

    Date: 04/04/2011 This Petition was called on for hearing today.

    CORAM :

    HON'BLE THE CHIEF JUSTICE

    HON'BLE MR.JUSTICE K.S.PANICKER RADHAKRISHNAN

    HON'BLE MR.JUSTICE SWATANTER KUMAR

    For Petitioner(s) In-person

    For Respondent(s)

    UPON hearing petitioner in-person the Court made the following

    O R D E R

    Heard the petitioner, who has appeared in-person.

    The writ petition is dismissed.

    [ Alka Dudeja ] [ Madhu Saxena ]

    A.R.-cum-P.S. Assistant Registrar

    IN THE SUPRME COURT OF INDIA

    REVIEW PETITION (CIVIL) NO. 1579 OF 2011

    Petition seeking Review of Order dated 04.04.2011 passed by this Honble Court

    in Writ Petition (Civil) No. 127 of 2011.

    IN THE MATTER OF:

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    P.V.Ravi Chandran

    Advocate,

    5, Divya Krupa,

    1st Street Extn.

    Sri Krishna Nagar,

    Maduravayal,

    Chennai 600095 . Petitioner

    Vs.

    1. The Union of India,

    Through the Secretary,

    Ministry of Home Affairs,

    Department of Home Affairs,North Block, Central Secretariat,

    Nav Dehli 110001.

    2. The State of Jammu and Kashmir

    Represented by its Chief Secretary,

    Department of Home,

    Secretariat,

    Srinagar 190009,

    Jammu and Kashmir

    3. The Surveyor General of India,

    Survey of India

    Hathibarkala Estate

    Dehra Dun 248001,

    Uttara Khand . Respondents

    A F F I D A V I T

    I, P.V.Ravi Chandran, aged about 44 years, son of Mahadevapandal Soolapani

    Warrier , residing at No 5, Divya Krupa, 1st Street Extn., Sri Krishna Nagar,

    Maduravayal, Chennai 600095, Tamil Nadu at Present at New Delhi, do hereby

    solemnly affirmed as declare as under:

    1. That I am the Petitioner in the accompanying Review Petition. I am acquainted

    and conversant with the facts and circumstances of the case and competent to

    swear this affidavit.

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    2. That I have drawn the accompanying Review Petition and hence I have read

    and understood the contents of the same. The pages 1-14 of the Paper Book

    contents of the Review Petition.

    3. That the contents of Para 1-5 of the Review Petition are true as per my

    knowledge and legal information received and borne out by records. The

    contents of last Para is the prayer to this Hon'ble Court.

    DEPONENT

    V E R I F I C A T I O N

    I, P.V.Ravi Chandran, above named Deponent due hereby verify that the

    contents of this Affidavit are true to my knowledge and nothing material has been

    concealed therefrom.

    Verified at New Delhi on this the 27th day of April 2011

    DEPONENT

    IN THE SUPRME COURT OF INDIA

    REVIEW PETITION (CIVIL) NO. 1579 OF 2011

    Petition seeking Review of Order dated 04.04.2011 passed by this Honble Court

    in Writ Petition (Civil) No. 127 of 2011.

    IN THE MATTER OF:

    P.V.Ravi Chandran

    Advocate,5, Divya Krupa,

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    1st Street Extn.

    Sri Krishna Nagar,

    Maduravayal,

    Chennai 600095 . Petitioner

    Vs.

    1. The Union of India,

    Through the Secretary,

    Ministry of Home Affairs,

    Department of Home Affairs,

    North Block, Central Secretariat,

    Nav Dehli 110001.

    2. The State of Jammu and Kashmir

    Represented by its Chief Secretary,

    Department of Home,

    Secretariat,

    Srinagar 190009,

    Jammu and Kashmir

    3. The Surveyor General of India,

    Survey of India

    Hathibarkala Estate

    Dehra Dun 248001,

    Uttara Khand . Respondents

    PAPER BOOK

    FOR INDEX KINDLY SEE INSIDE

    PETITIONER-IN-PERSON