Disposed

Rangorath Gokul Prasad, v. State of Kerala

Kerala HC14 Jan 2019WP(C)/984/2019

Case brief

AI extract

What is this about?

The High Court of Kerala ordered the Land Tribunal (Devaswom) to finalize a remanded property dispute within six to eight months following proper notice and hearing, directing the petitioner to bear registry costs.

What did the court decide?

Direction to the Land Tribunal to finalize the remanded matter within 6 to 8 months and complete necessary notice procedures, with registry copies sent to respondents at petitioner's cost.

Rangorath Gokul Prasad, Vs State of Kerala — Property and Title | Kerala HC (2019)

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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 ALEXANDER THOMAS

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MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

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WP(C).No. 984 of 2019

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PETITIONER:

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RANGORATH GOKUL PRASAD, AGED 52 YEARS S/O.LATE A GOPINATHAN, 13/393-D, A BLOCK, CHEMMARIKKAT APARTMENTS, KALLIPPADAM.P.O., SHORANUR-679122, PALAKKAD DISTRICT.

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BY ADVS. SRI.SANTHEEP ANKARATH SRI.J.RAMKUMAR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE LAND TRIBUNAL (DEVASWOM), (DEPUTY COLLECTOR(LR), CIVIL STATION, PALAKKAD-678001.

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3 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, HOUSEFED COMPLEX, ERANHIPALAM.P.O., KOZHIKODE-673006.

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4 CHAIRMAN, THALIYIL GANAPATHI KSHETHRAM, ONGALLUR, KALLADIPATTA.P.O., PATTAMBI VIA., PALAKKAD DISTRICT, PIN-679313.

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5 V M MADHAVAN NAMBOODIRI (RETD. B.S.N.L.STAFF), S/O.LATE RAVI NAMBOODIRI, VENGALLUR MANA, KALLADIPATTA.P.O., PATTAMBI VIA., PALAKKAD DISTRICT, PIN-679313.

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6 V M VASUDEVAN NAMBOODIRI, S/O.LATE RAVI NAMBOODIRI, VENGALLUR MANA, KALLADIPATTA.P.O., PATTAMBI VIA., PALAKKAD DISTRICT, PIN-679313.

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W.P(C)No.984 of 2019

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7 P M SREEDHARAN NAMBOODIRI, PALAKKAD MANA, KALLADIPATTA.P.O., ONGALLUR, PALAKKAD DISTRICT, PIN-679313.

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8 E M SANKARANARAYANAN NAMBOODIRI, S/O.SANKARAN NAMBOODIRI, ERANDAPURATHUKADU MANA, KALLADIPATTA.P.O., ONGALLUR, PALAKKAD DISTRICT, PIN-679313.

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9 ASHTAMOORTHI NAMBOODIRI, PULACHERI MANA, P.O.MARUTHOOR, PATTAMBI, PALAKKAD DISTRICT, PIN-679306.

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10 T M VASUDEVAN NAMBOODIRI, S/O.LATE KRISHNAN NAMBOODIRI, THAMANNUR MANA, KALLADIPATTA.P.O., ONGALLUR, PATTAMBI VIA., PALAKKAD DISTRICT, PIN-679313.

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11 P M NARAYANAN NAMBOODIRI, S/O.LATE NARAYANAN NAMBOODIRI, PERAMANGALLOR MANA, NOW RESIDING AT KARUTHEDATH MANA, KODALLUR.P.O., MELE PATTAMBI, PALAKKAD DISTRICT, PIN - 679 306.

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SMT.A.C.VIDHYA, GOVT.PLEADER FOR R1 AND R2, SRI.R.LAKSHMI NARAYANAN,SC FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C)No.984 of 2019

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ALEXANDER THOMAS, J.

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=========================== W.P(C)No.984 of 2019

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

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Dated this the 14^th day of January, 2019

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as

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follows:

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“(i) direct the 2^nd respondent to expedite hearing of SMC No.9369/1977 on its file which was remanded to the 2^nd respondent as per Exhibit P6 judgment within such short time as this Hon'ble Court may deem fit to grant;

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(ii) issue such other Writ, direction or order as this Hon'ble Court may deems fit and proper in the circumstances of the case.”

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Heard Sri.Santheep Ankarath, learned counsel

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appearing for the petitioner, Smt.A.C.Vidhya, learned Government Pleader appearing for official respondents 1 & 2 and Sri.R.Lakshmi Narayanan, learned Standing Counsel for Malabar Devaswom Board, appearing for R-3. In the nature of orders proposed to be passed in this Writ Petition, notice to contesting respondents 4 to 11 will stand dispensed with.

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This Court as per Ext.P-6 final order rendered on

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22.08.2017 in C.R.P (LR) No.368/2016 had set aside the impugned order of the Appellate Authority and had remanded

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W.P(C)No.984 of 2019

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the matter back to the Land Tribunal concerned for proper disposal in compliance with Secs.105 & 105A of the Kerala Land Reforms Act, 1963. The parties were directed to appear before the Land Tribunal concerned on 19.09.2017 or any other day that may be notified by the Land Tribunal on that behalf, etc. The Civil Revision Petition was allowed accordingly by this Court, as per Ext.P-6. The petitioner herein was the petitioner in Ext.P-6 C.R.P and contesting respondents 5 to 11 herein are respondents 1, 2, 5 to 9 therein and R-3 herein was R-3 therein, etc. Now it is submitted by the petitioner though the matter was remitted by Ext.P-6 order as early as on 22.08.2017 and parties were directed to appear before the Tribunal on 19.09.2017, the matter has not so far been finalised and that so this Court may issue a reasonable time line, in order to ensure that the matter is finalised by the Land Tribunal (Devaswom), in compliance with the directions in Ext.P-6 order, without much delay.

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Accordingly, it is ordered in the interest of justice that the 2^nd respondent-Land Tribunal (Devaswom) will take up the matter that is remanded by this Court as per Ext.P-6 order

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and then will ensure that the service of notice on all the affected parties are duly completed and after completing the necessary procedural formalities and after affording a reasonable opportunity of being heard to all the affected persons like the petitioner herein, respondents 3 to 11 herein, etc. will finalise the matter, which has been remanded by this Court as per Ext.P-6 order, without much delay, preferably within a period of 6 to 8 months from the date of production of a certified copy of this judgment. Registry will forward copies of this judgment to respondent No.2 as well as to contesting respondents 4 to 11 at the cost of the petitioner, for necessary information.

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With these observations and directions, this Writ Petition (Civil) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

vgd/15.01.19

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF PURCHASE CERTIFICATE NO.664/1978 DATED 13.4.1978 ISSUED BY LAND TRIBUNAL, OTTAPALAM. EXHIBIT P2 TRUE COPY OF ORDER IN SMC NO.9369/1977 DATED 23.12.1977 ISSUED BY LAND TRIBUNAL, OTTAPALAM. EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 27.10.2015 IN WPC.NO.32618/2015 PASSED BY THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF ORDER DATED 29.7.2016 IN A.A.NO.12/2014 PASSED BY THE APPELLATE AUTHORITY(LR), THRISSUR. EXHIBIT P5 TRUE COPY OF MEMORANDUM OF CIVIL REVISION PETITION (LR)NO.368/2016. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 22.8.2017 IN CRP (LR)NO.368/2016 PASSED BY THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF APPLICATION DATED 1.12.2017 FILED BY THE PETITIONER IN S.M.NO.9369/1977. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 5.3.2018 IN WPC.NO.7316/2018 PASSED BY THIS HON'BLE COURT. EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 19.3.2018 IN WPC.NO.9356/2018 PASSED BY THIS HON'BLE COURT. EXHIBIT P10 TRUE COPY OF ADANGAL EXTRACT OF PROPERTIES IN QUESTION. EXHIBIT P11 TRUE COPY OF AGREEMENT OF ADMINISTRATION LETTER (SAMUDAYA PATHRA) ALONG WITH ITS ENGLISH TRANSLATION AND DATED 15.8.1922.

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EXHIBIT P12 TRUE COPY OF NOTICE DATED 20.3.1940 ISSUED FROM THE OFFICE OF THE BOARD OF COMMISSIONERS FOR HINDU RELIGIOUS ENDOWMENTS, MADRAS.

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EXHIBIT P13 TRUE COPY OF NOTICE DATED 19.6.1946 ISSUED BY SECRETARY, OFFICE OF THE BOARD OF COMMISSIONERS FOR HINDU RELIGIOUS ENDOWMENTS, MADRAS.

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EXHIBIT P14 TRUE COPY OF AUDIT REPORT FOR THE YEARS MALAYALAM ERA 1115 AND 1116 OF ONGALLUR THALIYIL GANAPATHY TEMPLE, KALLADIPATTA AND DATED 27.4.1942.

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EXHIBIT P15 TRUE COPY OF THE AUDIT REPORT OF ONGALLUR THALIYIL GANAPATHY TEMPLE, KALLADIPATTA FOR THE YEAR 1360 PREPARED BY THE CHARTERED ACCOUNTANT AND DATED 5.1.1953.

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EXHIBIT P16

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TRUE COPY OF AFFIDAVIT DATED 5.2.2015 FILED BY CHAIRMAN OF TRUSTEE OF BOARD OF ONGALLUR THALIYIL GANAPATHY DEVASWOM IN A.A.NO.22/2014 BEFORE THE APPELLATE AUTHORITY (LAND REFORMS), THRISSUR.

Rangorath Gokul Prasad, v. State of Kerala

Case brief

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Rangorath Gokul Prasad, v. State of Kerala

Case brief

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