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Mother Superior, Maria Nilayam Convent v. the State of Kerala

Kerala HC2 Apr 2018WP(C)/4892/2018

Case brief

AI extract

What is this about?

This writ petition challenges the non-disposal of a land assignment application under the Kerala Land Assignment Act. The petitioner, a public trust, sought a direction from the High Court to the third respondent (Thahashildar) to consider the pending application and related documents within two months.

What did the court decide?

Direction to the third respondent to consider Application No.LA 1.978/2010 and prior applications (Exts.P4-P9) along with the petitioner and attain finality within two months.

Mother Superior, Maria Nilayam Convent Vs the State of… — Specific Performance | Kerala HC (2018)

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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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MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

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WP(C).No. 4892 of 2018

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PETITIONER:

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MOTHER SUPERIOR, MARIA NILAYAM CONVENT, (SR.HELEN ANTONY @ SR.FLOSSY.SRA,AGED 53 YEARS,D/O ANTONY, EDAVATHOTTIL HOUSE,KARUNGAPPILLY PO,KOLLAM),ADIMALATHURAI, CHOVVARA.P.O,THIRUVANANTHAPURAM DT-695501.

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BY ADV.SRI.SHOBY K.FRANCIS

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LAND AND REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. DISTRICT COLLECTOR, COLLECTORATE,THIRUVANANTHAPURAM-695001.

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3. THAHASILDAR(LAND ASSIGNMENT)/ADDL.TAHSILDAR(LAND ASSIGNMENT),THALUK OFFICE,NEYYATTINKARA TALUK, NEYYATTINKARA PO, THIRUVANANTHAPURAM DT.PIN-695 101

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4. VILLAGE OFFICER, KOTTUKAL VILLAGE,KOTTUKAL.P.O, THIRUVANANTHAPURAM DT.PIN-695 110

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BY GOVERNMENT PLEADER SMT. VINITHA B.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 4892 of 2018 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT P1	TRUE COPY OF THE REGISTERED SALE DEED NO.275/1988 OF SRO KANJIRAMKULAM DATED 25.3.1988.
EXT P2	TRUE COPY OF THE RESIDENTIAL CERTIFICATE DATED 23.4.2002 ISSUED BY THE 5TH RESPONDENT
EXT P3	TRUE COPY OF THE APPLICATION FOR ASSIGNMENT OF LAND SUBMITTED BY THE PETITIONER'S LATE HUSBAND DATED 11-1-2017
EXT P4	TRUE COPY OF PUBLIC NOTICE DATED 9.9.1994 ISSUED BY THE 3RD RESPONDENT HAVING NO.LA I 3/94.
EXT P5	TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE GRAMA PANCHAYATH DATED 9.9.1994.
EXT P6	TRUE COPY OF APPLICATION DATED 25.3.1995 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE ASSIGNMENT OF THE 225 CENTS OF LAND
EXT P7	TRUE COPY OF RESOLUTION DATED 31.5.1995 PASSED BY THE KOTTUKAL PANCHAYATH
EXT P8	TRUE COPY OF INTIMATION ISSUED BY THE SECRETARY DATED 5.6.1995 TO THE 3RD RESPONDENT
EXT P9	TRUE COPY OF THE REPORT SUBMITTED BY THE REVENUE INSPECTOR NEYYATTINKARA DATED 30.8.1995 IN LA I/3/1994 TO THE 3RD RESPONDENT
EXT P10	TRUE COPY OF RESIDENTIAL/OWNERSHIP CERTIFICATE DATED 30.5.2002 ISSUED BY THE KOTTUKAL GRAMA PANCHAYATH.
EXT P11	TRUE COPY OF THE BUILDING TAX RECEIPT DATED 15.3.2007 ISSUED BY THE PANCHAYATH
EXT P12	TRUE COPY OF THE APPLICATION NO.LA 1.978/2010 DATED 18.3.2010 FOR THE ASSIGNMENT OF THE LAND SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT
EXT P13	TRUE COPY OF MAHAZAR DATED NIL SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT

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PBS

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WP(C).No. 4892 of 2018 (J)

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EXT P14 TRUE COPY OF REPORT DATED 27.3.2010 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBIT NIL

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/TRUE COPY/ PA TO JUDGE

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PBS 3/4/2018

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SHAJI P.CHALY, J.

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W.P.(C).No.4892 of 2018

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Dated this the 02^nd day of April, 2018

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J U D G ME N T

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According to the petitioner, petitioner has purchased

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the property situate in Re.Sy.Nos.484/6 and 490/4 of Kotukal village as per Ext.P1 sale deed from the possessor in interest of the property. Petitioner thereafter has submitted various applications under the Kerala Land Assignment Act, in order to assign the land to the petitioner. However, such applications did not attain any fruitful results. Consequent to which, petitioner has submitted Ext.P12, which is pending consideration before the third respondent. Petitioner seeks a direction for consideration of Ext.P12 on an early basis.

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Having heard learned counsel for the petitioner and the learned Senior Government Pleader, there will be a direction to the third respondent to consider Ext.P12, in accordance with law and attain finality at the earliest possible time, at any rate, within two months from the date of receipt of a copy of this judgment, after securing

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W.P.(C).No.4892 of 2018

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: 2 :

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participation of the petitioner. According to the petitioner, Exts.P4 to P9 are also applications filed prior to Ext.P12. Therefore, there will be a direction to consider the said applications also along with Ext.P12.

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P.CHALY JUDGE

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Bb/2/4/2018

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[True copy] P.A to Judge

Mother Superior, Maria Nilayam Convent v. the State of Kerala

Case brief

What is this about?

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Mother Superior, Maria Nilayam Convent v. the State of Kerala

Case brief

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