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Philomina @ Ammini v. the District Collector

Kerala HC28 Sept 2016WP(C)/24897/2016

Case brief

AI extract

What is this about?

The court directed the Sub Registrar and District Collector to decide on a guardianship application for a mentally disabled petitioners daughter within six weeks to enable an urgent sale of her inherited property.

What did the court decide?

Direction issued to the first respondent to take a decision on the application within six weeks from the date of receipt of the copy of this judgment.

Philomina @ Ammini Vs the District Collector — Property and Title | Kerala HC (2016)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938

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WP(C).No. 24897 of 2016 (J)

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PETITIONER:

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PHILOMINA @ AMMINI, W/O.JOSEPH, AGED 67 YEARS, AZHIKKAKATH VEEDU, CHITTOOR, ERNAKULAM - 682 027.

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BY ADVS.SRI.SHABU SREEDHARAN

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SRI.S.VIJAYAN SRI.P.R.VIBHU SRI.JOLLY GEORGE SMT.NIDHI RAVINDRAN SRI.M.YOHANNAN SMT.RESHMA ABDUL RASHEED SRI.K.V.PREMSANKAR

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM - 682 030. 2. THE SUB REGISTRAR, SRO, ERNAKULAM, ERNAKULAM - 682 011.

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BY SENIOR GOVT. PLEADER SRI.T.K.ARAVINDKUMAR BABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 24897 of 2016 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1.	THE TRUE COPY OF THE OF SRO, ERNAKULAM DA	SETTLEMENT DEED NO.253/2012 TED 19.01.2012.
EXHIBIT P2.	THE TRUE COPY OF THE DATED 22.08.2012.	TAX RECEIPT
EXHIBIT P3.	THE TRUE COPY OF THE PAPERS IN FAVOUR OF DATED 17.06.2016.	DRAFT SALE DEED IN STAMP K.R. ROBERT
EXHIBIT P4.	THE TRUE COPY OF THE PAPERS IN FAVOUR OF DATED 17.06.2016.	DRAFT SALE DEED IN STAMP MARY SMITHA K.C.
EXHIBIT P5.	THE TRUE COPY OF THE ROSE FOSTIN FROM THE ERNAKULAM DATED 14.0	DISABILITY CERTIFICATE OF DISTRICT MEDICAL BOARD, 7.2016.
EXHIBIT P6.	THE TRUE COPY OF THE 1ST RESPONDENT DATED	APPLICATION BEFORE THE 19.07.2016.
RESPONDENT(S)' --------------	EXHIBITS: NIL ---------
		//TRUE COPY//
		P.S. TO JUDGE

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mbr/

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SHAJI P. CHALY, J.

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W.P.(C). No.24897 of 2016

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Dated this the 28^th day of September, 2016

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JUDGMENT

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Petitioner transferred 2.83 Ares of property to the name of his daughter, Rose Fostin, as per Ext.P1 Settlement Deed. According to the petitioner, petitioner is looking after her daughter, who has some mental disability. In order to protect the interest of petitioner's daughter, petitioner has decided to sell out the said property. When Exts.P3 and P4 were prepared and submitted for registration, 2^nd respondent refused to register the same on the ground that, petitioner's daughter is not mentally fit to execute the Sale Deed, and directed to produce the legal guardianship certificate from the 1^st respondent. Thereupon, petitioner has submitted Ext.P6 application along with Ext.P5 disability certificate before the 1^st respondent. However, according to the petitioner, in spite of the pendency of the application from 19.7.2016, 1^st respondent has not taken a decision on the same and since the subject matter requires urgent

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W.P.(C). No.24897 of 2016

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consideration, a direction is required from this court to take a final decision on Ext.P6, this writ petition is filed seeking appropriate direction.

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Heard learned counsel for the petitioner, learned Senior Government Pleader and perused the documents on record and the pleadings put forth and I am satisfied that, a direction can be issued to the 1^st respondent to take a decision on Ext.P6 within six weeks from the date of receipt of a copy of this judgment, in terms of the provisions of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. Accordingly I do so.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 28.09.2016

Philomina @ Ammini v. the District Collector

Case brief

What is this about?

What did the court decide?

Philomina @ Ammini v. the District Collector

Case brief

What is this about?

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