The Court disposed of a writ petition concerning property transfer proceedings. It directed the Tahsildar to hear the petitioners before passing orders in accordance with a related judgment.
Directed the 2nd respondent to hear the petitioners while passing orders in accordance with Ext.P5 judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2012/21ST POUSHA 1933
WPC.No. 705 of 2012 (K)
PETITIONER(S) :
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1. KUNJIRAMAN KUMARAN AGED 60, S/O KUNJIRAMAN RESIDING AT SHAMIYANA SANANTHANPURAM KALARACODE ALAPPUZHA.
2. NEHA KUMARAN,
D/O. KUNJIRAMAN KUMARAN HAVING PERMANENT ADDRESS AT SHAMIYANA SANANTHANPURAM, KLARACODE ALAPPUZHA AND PRESENTLY RESIDING AT SRINIVASA NILAYAM 8TH MAIN, 14TH CROSS, NSP ADAYAPPA LAYOUT N.S. PALAYA, BTM LAY OUT 2ND STAGE, BANGALORE, REPRESENTED BY HER FATHER AND POWER OF ATTORNEY HOLDER KUNJIRAMAN KUMARAN, AGED 60, S/O. KUNJIRAMAN RESIDING AT SHAMIYANA, SANANTHANPURAM KLARACODE, ALAPPUZHA.
3. JOVI KUMARAN, D/O. KUNJIRAMAN KUMARAN HAVING PERMANENT ADDRESS AT SHAMIYANA SANANTHANPURAM, KALARCODE, ALAPPUZHA AND PRESENTLY RESIDING AT AJMAN, UAE. REPRESENTED BY HER FATHER AND POWER OF ATTORNEY HOLDER KUNJIRAMAN KUMARAN AGED 60, S/O. KUNJIRAMAN, RESIDING AT SHAMIYANA SANANTHANPURM, KALARCODE, ALAPPUZHA.
BY ADVS. SMT.JAYASREE MANOJ SMT.REMYA PRASAD
RESPONDENT(S) :
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1. DISTRICT COLLECTOR, ALAPPUZHA, PIN - 688001.
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WPC.No. 705 of 2012 (K) -22. TAHASILDAR, AMBALAPPUZHA ALAPPUZHA DISTRICT, PIN 688561. 3. VILLAGE OFFICER, PAZHAVEEDU VILLAGE, ALAPPUZHA DISTRICT, PIN - 688009. 4. M.J. JOB, AGED 52, S/O M.J. JOHN, MANNAPARAMBIL, PUNNAPRA ALAPPUZHA DISTRICT, PIN- 688004. 5. T.N. VIJAYAN, ANAMIKA, SANANTHANPURAM KALARCODE, ALAPPUZHA - 688001. R1 TO R3 BY GOVT. PLEADER SMT. M.J. RAJASREE BY ADV. SRI. ABDUL JAWAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-01-2012 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC.No. 705 of 2012 (K)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE POWER OF ATTORNEY DATED 19.3.2008. EXHIBIT P2: TRUE COPY OF THE POWER ATTORNEY DATED 25.3.2008 EXHIBIT P3: TRUE COPY OF THE DECREE IN O.S. NO. 525 OF 2007 OF SUB COURT, ALAPPUZHA.
EXHIBIT P4: TRUE COPY OF THE SALE DEED NO. 2020 OF 2007. EXHIBIT P5: TRUE COPY OF THE JUDGMENT DATED 15.12.2011 IN W.P.(C) NO. 33584/11. EXHIBIT P6: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 4TH RESPONDENT. EXHIBIT P7: TRUE COPY OF THE OBJECTION DATED 6.1.2012. EXHIBIT P8: TRUE COPY OF THE ENCUMBRANCE CERTIFICATE. RESPONDENTS' EXHIBITS - NIL
//TRUE COPY//
P.A. TO JUDGE
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S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.705 of 2012
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2012
J U D G M E N T
The petitioners are aggrieved by proceedings under the Transfer of Registry Rules initiated by respondents 4 & 5 in respect of certain properties. The 4th respondent has obtained Ext.P5 judgment in W.P. (C) No.33584/2011 for consideration of Exts.P3 & P4 produced in that writ petition by the 2nd respondent Tahsildar, Ambalappuzha. The petitioners now seek a hearing for themselves also while passing orders in accordance with Ext.P5 judgment.
Adv. Sri. Abdul Jawad takes notice on behalf of the 4th respondent.
I have heard the learned Government Pleader also. I am of opinion that it is only appropriate that the petitioners also be heard while the 2nd respondent passes orders in accordance with Ext.P5 judgment. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to hear the petitioners also while passing orders in accordance with Ext.P5 judgment.
Sd/S. SIRI JAGAN JUDGE //True copy//
P.A. TO JUDGE
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1 issue framed by the court
Whether petitioners should be heard while orders are passed by the Tahsildar in accordance with a related judgment.
KUNJIRAMAN KUMARAN AGED 60, S/O KUNJIRAMAN
NEHA KUMARAN
JOVI KUMARAN, D/O. KUNJIRAMAN KUMARAN
DISTRICT COLLECTOR, ALAPPUZHA
TAHASILDAR, AMBALAPPUZHA
M.J. JOB
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
