Dismissed

K.T.Muhammed, S/O. Kunhali Haji & Others v. Poothachalil Velayudhan & Others

Kerala HC3 Aug 2015CRP/641/2009

Case brief

AI extract

What is this about?

This is a final disposal order in a civil revision petition concerning land conveyance. The court dismissed the petitioners' objection to the transfer of 3.06 acres of land, relying on a prior order directing reconveyance and land adjustment based on oral partition.

What did the court decide?

Revision petition dismissed; prior order directing reconveyance and land adjustment stands sustained.

K.T.Muhammed, S/O. Kunhali Haji & Others Vs Poothachalil… — Land Acquisition | Kerala HC (2015)

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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 P.BHAVADASAN

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MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937

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CRP.No. 641 of 2009 ( )

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AGAINST THE ORDER IN CR 275/1977 of TALUK LAND BOARD, ERNAD, DATED 23-11-1999

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REVISION PETITIONER(S)/RESPONDENTS:

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1. K.T. MUHAMMED, S/O. KUNHALI HAJI,

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KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT.

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2. K.T.ABDULLA, S/O. KUNHALI HAJI,

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KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT.

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3. K.T. ABDU REHMAN, S/O. KUNHALI HAJI,

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KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT.

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4. K.T. YOUSUF, S/O. KUNHALI HAJI, KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT. BY POWER OF ATTORNEY 3RD PETITIONER, ABDU REHMAN.

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5. K.T. ABDUL KADER, S/O. KUNHALI HAJI,

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KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT.

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6. K.T. SUBAIR, S/O. KUNHALI HAJI,

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KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT.

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7. K.T. FATHIMA, D/O. KUNHALI HAJI,

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KAVANOOR AMSOM, IRUVETTY DESOM, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.M.SATHYANATHA MENON

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RESPONDENT(S)/PETITIONERS/RESPONDENTS 2 TO 4:

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1. PATHECHALIL VELAYUDHAN, S/O. CHANDAN KUTTY, AGED 58 YEARS, KOTTAMAL HOUSE THOTTILANGADI.P.O, AREACODE, MALAPPURAM DISTRICT.

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2. MALIYEKKAL ABDULLA, S/O. LATE KHADER, AKKARAPARAMBIL HOUSE THOTTILANGADI.P.O, AREACODE, MALAPPURAM DISTRICT.

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CRP.No. 641 of 2009 ( )

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3. THE TALUK LAND BOARD, ERNAD, MALAPPURAM DISTRICT.

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4. THE TAHSILDAR, TALUK OFFICE, ERNAD, MALAPPURAM DISTRICT.

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5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM.

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R1 BY ADV. SRI.BABU S. NAIR

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.BHAVADASAN, J.

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- - - - C.R.P. No. 641 of 2009

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- - - - Dated this the 03^rd day of August, 2015

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O R D E R

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In this petition, the objection is regarding the conveyance of 3.06 acres of land in Sy.No.184 to the respondent herein. The objection is taken on the ground that it is from the property to which the petitioners are entitled to as per oral partition.

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It seems that Velayudhan had approached this Court for a direction to dispose of his application at the earliest. By order dated 23.11.1999, an order was passed in his favour directing reconveyance of 3.06 acres from Sy.No.184 and to take over an equal extent of land from other lands credited to the declarant's account in his ceiling case.

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It is made clear that while allotting 3.06 acres of land from Sy.No.184, the property that is set apart to the share of the declarant as per oral partition alone shall be handed

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C.R.P. No. 641 of 2009

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-2-

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over to the first respondent herein and equal extent of land will be taken from other survey numbers owned by the declarant.

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This petition is disposed of accordingly.

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Sd/- P.BHAVADASAN JUDGE

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//True copy//

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P.A. to Judge

K.T.Muhammed, S/O. Kunhali Haji & Others v. Poothachalil Velayudhan & Others

Case brief

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K.T.Muhammed, S/O. Kunhali Haji & Others v. Poothachalil Velayudhan & Others

Case brief

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