Partly allowed

Varikkapulakkal Khadeeja v. P.Kunjunni Nair

Kerala HC1 Dec 2012OP(C)/4099/2012

Case brief

AI extract

What is this about?

Addressing a grievance that her land claim was ignored in a Taluk Land Board order and she was not a party, the Court directed the Board to consider her pending petition within three months and stayed all dispossession proceedings.

What did the court decide?

Directed Taluk Land Board, Tirur to consider Ext.P2 petition within three months; stayed dispossesion proceedings pending orders.

Varikkapulakkal Khadeeja Vs P.Kunjunni Nair — Land Acquisition | Kerala HC (2012)

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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 V.CHITAMBARESH

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SATURDAY, THE 1ST DAY OF DECEMBER 2012/10TH AGRAHAYANA 1934

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OP(C).No. 4099 of 2012 (O)

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CR.5/1976 of TALUK LAND BOARD, TIRUR

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PETITIONER(S):

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VARIKKAPULAKKAL KHADEEJA, AGED 49 YEARS W/O. VARIKKOTTIL YAHU PAANG AMSOM, PENGI DESOM, PERINTHALMANNA MALAPPURAM.

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BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA

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RESPONDENT(S):

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P.KUNJUNNI NAIR, PUTHEVEETIL HOUSE,

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KANMANOM DESOM, VALAVANNUR VILLAGE TIRUR TALUK, MALAPPURAM - 676 101.

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STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, SECRETARIATE THIRUVANANTHAPURAM - 695 001.

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R BY GOVERNMENT PLEADER SMT.LILLY.K.T.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN O.P.(C) NO.4099 OF 2012

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PETITIONER'S EXTS:

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EXT.P1 TRUE PHOTOSTAT COPY OF THE SD.NO.1277 OF 1979 DATED 26/5/1979 OF THE SRO KODAKKAL.

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EXT.P2 TRUE PHOTOSTAT COPY OF THE CLAIM PETITION DATED 30/5/2000 BEFORE LAND BOARD, TIRUR.

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EXT.P3 TRUE COPY OF THE REPORT OF THE REVENUE DIVISIONAL OFFICER, TIRUR DATED 21/10/2000

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EXT.P4 TRUE COPY OF THE JUDGMENT DATED 5/12/2008 BY THIS HON'BLE COURT IN CRP.NO.2536/2000

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EXT.P5 TRUE COPY OF THE ORDER DATED 10/7/2012 PASSED BY THE TALUK LAND BOARD TIRUR IN CR 5/76.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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O.P.(C) No. 4099 OF 2012 ------------------------------- Dated this the 1^st day of December, 2012

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J U D G M E N T

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The grievance of the petitioner is that her claim in relation to 6.25 cents of land was not even adverted to while passing the final order by the Taluk Land Board. The order does not reflect the consideration of the claim and the petitioner is also not arrayed as a party therein.

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The husband of the petitioner is stated to be an assignee of the property from a holder of the purchase certificate. The validity of the claim requires to be considered in the application pending before the Taluk Land Board filed under Section 85(8) of the Kerala Land Reforms Act.

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Therefore I direct the Taluk Land Board, Tirur to consider Ext.P2 petition dated 30.5.2000 in C.R.No.5/1976 on its file. The same shall be considered after hearing the interested parties within a period of three months from the date of receipt of a copy of this judgment.

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All further proceedings for dispossession of the petitioner and assignment of the land on registry in respect of

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O.P.(C) NO.4099 OF 2012

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6.25 cents of land in Survey No.27/3 of Anathavoor Village claimed by the petitioner shall remain stayed till orders are passed by the Taluk Land Board as directed above.

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The original petition is disposed of as above.

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V.CHITAMBARESH, Judge.

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nj.

Varikkapulakkal Khadeeja v. P.Kunjunni Nair

Case brief

What is this about?

What did the court decide?

Varikkapulakkal Khadeeja v. P.Kunjunni Nair

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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