Disposed

Wilsy K., v. State of Kerala

Kerala HC21 Aug 2019WP(C)/16914/2019

Case brief

AI extract

What is this about?

In this writ petition challenging objections to guardianship applications, the High Court at Ernakulam observed that the underlying proceeding before the Local Level Monitoring Committee was pending and inappropriate to adjudicate merits, thus directing the committee to consider contentions and expedite the matter.

What did the court decide?

Directed the third respondent to consider rival contentions and pass appropriate orders, directing expedited proceedings.

Wilsy K., Vs State of Kerala — Kerala HC (2019) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶4

WEDNESDAY, THE 21ST DAY OF AUGUST 2019 / 30TH SRAVANA, 1941

¶5

WP(C).No.16914 OF 2019(L)

¶6

PETITIONER:

¶7

WILSY K., AGED 49 YEARS W/O.BALAN, RESIDING AT KOOTARAPALLIL HOUSE, ANGADIKADAVU, AYYANKUNNU, KANNUR DISTRICT - 670 706.

¶8

BY ADVS. SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS SRI.JOSELAL GEORGE SRI.R.MAHESH MENON SRI.DEAGO JOHN K SHRI.AMAL DEV C.V.

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA, REPRESENTED BY SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT - 695 001.

¶11

2 DISTRICT COLLECTOR, DISTRICT COLLECTORATE, KANNUR DISTRICT - 670 001.

¶12

3 LOCAL LEVEL MONITORING COMMITTEE, CONSTITUTED UNDER NATIONAL TRUST ACT, 1999, DISTRICT COLLECTORATE, KANNUR DISTRICT - 670 001.

¶13

4 ANNAKUTTY JOSEPH, W/O.JOSEPH, RESIDING AT KOOTARAPALLIL HOUSE, ANGADIKADAVU, AYYANKUNNU, KANNUR DISTRICT - 670 706.

¶14

5 LINCY JOSEPH, W/O.ANIL JOSEPH, RESIDING AT PUTHANPURAKKAL HOUSE, VELLARPALLI (PO), PERAVOOR, KANNUR DISTRICT - 670 673.

¶15

R4, R5 BY ADV. SRI.B.JAYAPARAKASH

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.16914 OF 2019(L)

¶18

¶19

Sathish Ninan, J.

¶20

============================== W.P.(C) No.16914 of 2019

¶21

==========================

¶22

Dated this the 21^st day of August, 2019

¶23

JUDGMENT

¶24

The issue involved relates to appointment of

¶25

guardian for the person and property of one Joseph, Kootarapallil. The 4^th respondent is the wife of the said Joseph and the petitioner and 5^th respondents are their daughters. Objections have been filed by the petitioner, to the application submitted by respondents 4 and 5 before the 3^rd respondent seeking guardianship. Since the proceeding is pending before

¶26

the Local Level Committee, I do not think it appropriate or necessary to enter into the merits of the rival contentions.

¶27

I dispose of this writ petition directing the

¶28

third respondent to consider the rival contentions

¶29

and pass appropriate orders. It is reported that the

¶30

WP(C).No.16914 OF 2019(L)

¶31

¶32

proceeding presently stands posted to 24.08.2019. The third respondent shall expedite the proceedings.

¶33

Sd/- Sathish Ninan, Judge

¶34

vdv

¶35

WP(C).No.16914 OF 2019(L)

¶36

¶37

APPENDIX

¶38

PETITIONER'S/S EXHIBITS:

¶39

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED BEARING NUMBER 1208 OF 2007 DATED 17/03/2007. EXHIBIT P2 TRUE COPY OF THE GIFT DEED BEARING NUMBER 3365 OF 2004 DATED 16/10/2004. EXHIBIT P3 TRUE COPY OF THE ORDER NO.M.C.C.103/17 DATED 23/11/2017 OF THE MAINTENANCE TRIBUNAL & SUB - COLLECTOR, THALASSERY. EXHIBIT P3 A TRUE COPY OF THE ORDER IN APPEAL NO.DCKNR/10881/2018-M4 DATED NIL. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 01/03/2019. EXHIBIT P5 TRUE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER DATED 29/04/2019. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 10/05/2019 ALONG WITH DOCUMENTS ENCLOSED. EXHIBIT P7 TRUE COPY OF THE ADDITIONAL REPRESENTATION DATED 10/06/2019 SUBMITTED BY THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE LETTER DATED NIL HAVING REFERENCE NUMBER "LLC/KNR/JUNE/2019". EXHIBIT P8 A TRUE COPY OF THE POSTAL COVER ISSUED TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE REGISTERED GIFT DEED NO.3366/04 DATED 16/10/2004 IN FAVOUR OF THE 5TH RESPONDENT BY JOSEPH. EXHIBIT P9a(): TRUE COPY OF THE SALE DEED NO.4378/1 DATED 18/12/2006 SIGNED BY 5TH RESPONDENT. EXHIBIT P9(b): TRUE COPY OF THE SALE DEED NO.4379/1 DATED 18/12/2006 SIGNED BY 5TH

¶40

WP(C).No.16914 OF 2019(L)

¶41

¶42

RESPONDENT.

¶43

EXHIBIT P10: TRUE COPY OF THE ELECTOR PHOTO IDENTITY CARD NUMBERED AS AYB0552034 OF SRI.JOSEPH.

¶44

EXHIBIT P11: TRUE COPY OF THE DOCUMENT NO.443 OF 1972.

¶45

RESPONDENT'S/S EXHIBITS:

¶46

EXHIBIT R5(a) TRUE COPY OF THE JUDGMENT DATED 30.11.2000 IN O.S.NO.153/1995 OF THE SUB COURT, THALASSERY

¶47

EXHIBIT R5(b) TRUE COPY OF THE PETITION

¶48

EXHIBIT R5(c) TRUE COPY OF THE DEPOSITION DATED 04.11.2000 OF PW1 IN O.S.NO.153/1995 OF THE SUB COURT, THALASSERY

¶49

EXHIBIT R5(d) TRUE COPY OF THE GIFT DEED NO.2346/1961

Wilsy K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Wilsy K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abdurahiman Vs K.Muhammed Abdurahiman

P.Ratnavally Vs Bhanumathy

Sandeep Vs Suresh

Usha Kumari Amma Vs Devaki Amma @Ammini Amma

Nanukuttan Swami Vs B.Baby

A.a.Haneefa Vs S.Suresh