Disposed

Madhavi Warasyar v. Travancore Devaswom Board

Kerala HC1 Nov 2013WP(C)/17510/2013

Case brief

AI extract

What is this about?

Court disposed of a writ petition challenging an interim order prohibiting document creation regarding properties under Travancore Devaswom Board pending an enquiry by the Special Tahsildar. Court directed Special Tahsildar to finalize proceedings within three months.

What did the court decide?

Directions to second respondent to finally dispose of proceedings within three months and allow petitioners full opportunity to contest.

Madhavi Warasyar Vs Travancore Devaswom Board — Property and Title | Kerala HC (2013)

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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 T.R.RAMACHANDRAN NAIR &

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 1ST DAY OF NOVEMBER 2013/10TH KARTHIKA, 1935

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WP(C).No. 17510 of 2013 (K)

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PETITIONERS:

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MADHAVI WARASYAR KARIKKODU WARRIATH, MULANTHURUTHY P.O. KANAYANNOOR TALUK, PIN-682314.

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S.SANKARA WARRIAR -DO-.

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K.K.RAMACHANDRAN -DO-.

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BALAKRISHNA WARRIAR -DO-.

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VIJAYAKUMARI D/O.MADHAVI WARASYAR, -DO-.

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USHA KUMARI D/O.MADHAVI WARASYAR, -DO-.

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RAJESWARI

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D/O.MADHAVI WARASYAR, -DO-.

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BY ADVS.SRI.N.SUKUMARAN (SR.) SRI.V.K.BALACHANDRAN SRI.A.C.CHACKO

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RESPONDENTS:

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TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE THIRUVANANTHAPURAM, PIN-695003.

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SPECIAL TAHSILDAR OFFICE OF THE SPECIAL TAHSILDAR, LAND CONSERVATION TRAVANCORE DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAPURAM-695003.

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ADDL.R3 O.P.PRAKASH, S/O.PRABHAKARAN PAREPPARAMBIL HOUSE VETTICKAL PO, MULANTHURUTHY - 682 314. (IMPLEADED AS ADDL.R3 AS PER ORDER DTD 1.11.2013 IN IA.10884/2013)

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ADDL.R3 BY ADV. SMT.S.KARTHIKA

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R1 & R2 BY ADV. SRI.P.GOPAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17510 of 2013 (K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE ORDER OF R2 DTD 13.6.2013.

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P2 COPY OF THE PARTITION DEED DTD.26.10.1970.

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P3 COPY OF THE PARTITION DEED DTD 17.3.2007.

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P4 COPY OF THE COMPLAINT BY ADDL.R3.

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RESPONDENTS' EXHIBITS :

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R1(A) COPY OF THE RELEVANT PAGE OF SURVEY AND SETTLEMENT REGISTER OF BLOCK NO.18 OF MULANTHURUTHY VILLAGE.

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R1(B) COPY OF THE NOTIFICATION DTD 4.4.2008.

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R1(C) COPY OF THE GOVERNMENT ORDER DTD 7.10.2008.

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R3(A) COPY OF THE JUDGMENT DTD 19.7.2007.

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R3(B) COPY OF THE ROUGH SKETCH OF LOCATION OF KARIKKODU VISHNU SHASTHA TEMPLE.

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R3(C) COPY OF THE EXTRACT OF SURVEY AND SETTLEMENT REGISTER 1908.

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// True Copy //

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PA to Judge

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T.R.RAMACHANDRAN NAIR

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B.KEMAL PASHA, JJ.

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W.P.(C) No.17510 of 2013 K

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Dated this the 1^st day of November, 2013

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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Ramachandran Nair, J.

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Petitioners are aggrieved by Ext.P1 order, whereby

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they have been prohibited from creating documents with respect to the items of properties mentioned therein until further orders. The said interim order has been issued by the Special Tahsildar in the light of the pendency of proceedings under the Kerala Land Conservancy Act. According to the learned Standing Counsel for the Board, the properties belong to the Travancore Devaswom Board. Various contentions have been raised in the writ petition, by the petitioners.

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We heard learned senior counsel for the petitioners Sri.N.Sukumaran, learned Standing Counsel for the Travancore Devaswom Board Sri.P.Gopal and Smt.Karthika appearing for

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WPC.17510/2013

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: 2 :

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the contesting respondents.

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As of now, the enquiry is only pending before the

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Special Tahsildar. Therefore, the petitioners will be given all opportunities by the Special Tahsildar to contest the matter and the petitioners can raise their contentions and adduce evidence in the matter before the Special Tahsildar. The proceedings will be finalised by the second respondent, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment.

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The petitioners will produce a copy of this judgment before the second respondent for compliance.

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Writ petition is disposed of as above.

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Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE)

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/01/11

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// True Copy //

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PA to Judge

Madhavi Warasyar v. Travancore Devaswom Board

Case brief

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Madhavi Warasyar v. Travancore Devaswom Board

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