Disposed

Dr.K.Lakshmanan Pillai v. State of Kerala and Others

Kerala HC16 Jan 2009WP(C)/1724/2009

Case brief

AI extract

What is this about?

In a writ petition filed by a petitioner claiming exclusive title to property via a 1950 gift deed, the High Court of Kerala directed the Sub Judge to secure relevant village records from the Village Officer and Tahsildar and ensured the respondent did not close evidence in the underlying suit.

What did the court decide?

Directed the Sub Judge to secure Thandaper accounts from Village Office/Tahsildar; directed Village Officer to appear with accounts; stayed closure of evidence in the underlying suit.

Dr.K.Lakshmanan Pillai Vs State of Kerala and Others — Property and Title | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

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FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930

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WP(C).No. 1724 of 2009(E)

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-----------------------------------------OS.96/2001 of SUB COURT, CHERTHALA ....................

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PETITIONER:

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DR.K.LAKSHMANA PILLAI, R/AT.D57, PATEL NAGAR 11, CHAZIABAD, STATE OF UTHER PRADESH.

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BY ADV. SRI.P.S.KRISHNA PILLAI

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RESPONDENTS:

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STASTE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, TRIVANDRUM.

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DISTRICT COLLECTOR, KOTTAYAM.

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TAHSILDAR, VAIKOM TALUK, VAIKOM, KOTTAYAM.

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VILLAGE OFFICER, NADUVILE VILLAGE, VAIKOM, KOTTAYAM.

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KUMARI AMMA BHANUMATHI AMMA, VALIYAKULATHINKAL HOUSE, AROOR MURI, AROOR VILLAGE, AROOR PO., CHERTHALA TALUK, ALAPPUZHA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.P. Balachandran, J.

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W.P.(C)No.1724 of 2009 E

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JUDGMENT

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Petitioner is the 70^th defendant in O.S.No.96/01

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on the file of the Sub Court, Cherthala, instituted by the fifth respondent herein, who is his own sister. Petitioner claimed exclusive title and

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possession over plaint E schedule property on the basis of a gift deed of the year 1950, executed by the father of the petitioner and the fifth respondent. For evidence in the said suit,

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petitioner wanted the Thandaper accounts in relation to the said property comprised in Sy.Nos. 153/10A, 153/11, 153/12A, 153/18-1, 153/19 and

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153/20 of Naduvile Village in Vaikom Taluk for the period from 1950-51 to 2008. For the purpose he obtained a court certificate and applied before the

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Village Officer and it is submitted that the Village Officer issued the details only for the period from 1993-94 to 2003-04. Thereafter, again,

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WPC 1724/09

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the petitioner moved the court and obtained Exhibit P1 court certificate to obtain the relevant records for the period from 1950-51 onwards from the Tahsildar, Vaikom. The said certificate along with Exhibit P2 application was submitted before the Tahsildar, who called for report from the Village Office and the report so furnished is submitted to be Exhibit P3, wherein, the Village Officer has reported that the Thandaper accounts prior to 199394 could not be located. Petitioner, therefore, prays that appropriate direction be issued to respondents 1 to 4 to take immediate steps to complete, preserve and maintain the village records in relation to 7 acres and 56.5 cents of garden land in the aforesaid survey numbers of Naduvile Village in Vaikom Taluk of Kottayam District included in Thandaper Account No.2913 in the name of the petitioner and his brothers and to issue a certified extract of the Basic Tax Register/T.P. account in relation to the same for the period from

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WPC 1724/09 3

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1950-51 onwards within a time frame to be fixed by this Court and to direct the Sub Judge, Cherthala

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in the meanwhile not to close the evidence in O.S. No.96/01 on the file of his court.

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After hearing the submissions of the

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counsel for the petitioner, I am of the view that

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the Sub Judge, Cherthala is to be directed to take appropriate action to have the records required by the petitioner for O.S.No.96/01 being got down from

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the Village Office and if need be, by causing appearance of the Village Officer and the Tahsildar before court and not to dispose of the suit O.S.No.96/01 disabling the petitioner from producing the aforesaid records. The Sub Judge shall issue direction to the Village Officer forthwith to appear with the Thandaper accounts maintained in the Village Office in relation to the said property.

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The writ petition is disposed of with the above directions. Petitioner is directed to produce a

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WPC 1724/09 4

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copy of this judgment before the Sub Judge forthwith. Issue copy of this judgment to the counsel for the petitioner urgently.

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16^th January, 2009 (K.P.Balachandran, Judge) tkv

Dr.K.Lakshmanan Pillai v. State of Kerala and Others

Case brief

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Dr.K.Lakshmanan Pillai v. State of Kerala and Others

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