The Court directed the Tahsildar to consider a pending application for mutation of property after allowing a hearing to the petitioner and the Mother Superior, ordering final disposal within four months.
Direction to the first respondent to consider Ext.P4 application after hearing petitioner and Mother Superior, to be finalized within four months.
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 SHAJI P.CHALY
TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940
WP(C).No. 2683 of 2018
PETITIONER(S)
JOSEPH WILLIAM BEDE, S/O.ELIKUTTY, 16/972, PANAD HOUSE, CANOSSA NAGAR ROAD, EDAKOCHI.
BY ADVS.SRI.P.S.NANDANAN
SRI.P.N.ANOOP
RESPONDENT(S):
1. TAHSILDAR, KOCHI TALUK, KOCHI, PIN -682 001.
2. VILLAGE OFFICER, EDAKOCHI, PIN - 682 010.
3. CANOSSIAN DAUGHTERS OF CHARITY,
ST. MARY'S CONVENT, FORT KOCHI, PIN - 682 001, REPRESENTED BY ITS MOTHER SUPERIOR.
4. MOTHER SUPERIOR,
CANOSSIAN DAUGHTERS OF CHARITY, ST. MARY'S CONVENT, FORT KOCHI-682 001, KERALA STATE.
R1 & R2 BY SR. GOVT. PLEADER SRI.P.M. MANOJ.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
12/04/2018.
WP(C).No. 2683 of 2018 (I)
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT-P1: TRUE COPY OF THE REGISTERED DEED NO.469 DATED 05.02.1991. EXHIBIT-P2: TRUE COPY OF THE MEDICAL CERTIFICATE DATED 27.01.2014 ISSUED FROM DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. EXHIBIT-P3: TRUE COPY OF THE UTILIZATION CERTIFICATE DATED 12.04.2016, ISSUED BY THE LISSIE HOSPITAL. EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION DATED 09.11.2016 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs. 12/04/2018.
SHAJI P. CHALY, J.
W.P.(C). No. 2683 OF 2018
Dated this the 10th day of April, 2018
JUDGMENT
Petitioner got absolute right, possession and enjoyment of property of three cents, as per Ext.P1. According to the petitioner, from 1991 onwards, petitioner has been approaching respondents 1 and 2 for mutation of the property. However, the same is not being carried out. According to the petitioner, Ext.P4 is pending consideration and seeks direction for early disposal of the same.
W.P.(C). No. 2683 OF 2018
2
Ext.P1, there is a rider provided by which the petitioner is entitled to alienate the property only after getting written consent from the Mother Superior of the St. Mary's Canossian Educational Society. If any life interest is created in the document in favour of the Mother Superior of the St. Mary's Canossian Educational Society that may not be a disabling circumstance under the provisions of the Transfer of Registry Rules, 1966 to decline transfer of registry. However, it is only appropriate that since a life interest is created, the Mother Superior of the St. Mary's Canossian Educational Society is also heard in the matter.
W.P.(C). No. 2683 OF 2018
3
copy of this judgment.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P. CHALY JUDGE
DCS
2 issues framed by the court
Whether the Tahsilder is directed to consider the pending application for mutation of property after providing a hearing to the petitioner and the Mother Superior.
Whether the writ petition should be disposed of by directing early disposal of the property mutation within four months.
Joseph William Bede
Tahsildar, Kochi Taluk, Kochi
Village Officer, Edakoqui
Canossian Daughters of Charity
Mother Superior
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
