The Court directed the Village Officer to prepare a sketch and mahazar within two months based on the Land Tribunal order and the petitioner's Will regarding inherited Kudikidappu land rights. The writ petition was disposed of.
Directing the Village Officer to prepare a sketch and mahazar within two months based on the Land Tribunal order and the petitioner's Will.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937
WP(C).No. 31607 of 2014 (A)
PETITIONER :
GEETHA, AGED 53 YEARS D/O.LAKSHMI, VADATHAZHA, FORT KOCHI KOCHI-682 001, ERNAKULAM DISTRICT NOW RESIDING AT CITE-II, SION NAGAR CHINNA RADIO STATION, CHETTIPALAYAM ROAD, COIMBATORE.
BY ADVS.SRI.BENNY VARGHESE SRI.JOSEPH EDAKKATT SRI.P.P.SUBHASH CHANDRAN SRI.SHAJU JOSEPH (VADAKKAN)
RESPONDENTS :
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.
2. LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. THE SPECIAL THAHASILDAR (L.R), LAND TRIBUNAL, ERNAKULAM, MINI CIVIL STATION, THRIPUNITHURA-682301.
4. THE VILLAGE OFFICER, FORT KOCHI, KOCHI-682001.
5. VANABHA, AGED 62 YEARS W/O.RAMAN, C.C.1/539, VADATHAZHA FORT KOCHI, KOCHI-682001.
6. SAMBATH,
S/O.RAMAN, AGED ABOUT40 YEARS
C.C.1/539, VADATHAZHA
FORT KOCHI-1, KOCHI-682 001.
R1 TO R4 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN R5 & R6 BY ADVS. SRI.SAJAN MANNALI SMT.V.N.SHASHIKALA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 31607 of 2014 (A)
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1 THE TRUE PHOTOCOPY OF THE ORER DATED 17-8-1998 OF LAND TRIBUNAL, VYPEEN.
EXT.P3 THE TRUE PHOTOCOPY OF THE LAST COMMUNICATION LETTER DATED 9.4.2013 GIVEN FROM THE OFFICE OF THE 3RD RESPONDENT TO THE 4TH.
EXT.P4 THE TRUE PHOTOCOPY OF WILL DATED 11-10-2011.
EXT.P5 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 7.11.2014.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.31607/2014
Dated this the 5th Day of February, 2016
J U D G M E N T
The Land Tribunal allowed the petitioner's mother and the fifth
respondent to purchase an extent of 3 cents of land as kudikidappu
right. According to the petitioner, the proceedings have come into
finality. The petitioner's mother is no more. She executed a Will in
favour of the petitioner. The petitioner submits that on account of
the objections on the part of the jenmies, the sketch and mahazar
were not prepared. Accordingly, the petitioner has approached this
Court.
Land Tribunal and on production of the original Will, necessary action
W.P.(C).No.31607/2014
-:2:-
shall be taken by the Village Officer to prepare a sketch and mahazar.
Needful shall be done within a period of two months.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether the Village Officer is required to prepare a sketch and mahazar based on the Land Tribunal order and the petitioner's Will.
Whether the petitioner's mother's death and subsequent Will relates her beneficial Kudikidappu right to the petitioner.
GEETHA
STATE OF KERALA
LAND REVENUE COMMISSIONER
SPECIAL THAHASILDAR (L.R)
VILLAGE OFFICER
VANABHA
A.MUHAMED MUSTAQUE
As recorded by the court registry
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