Disposed

Khadeeja v. District Collector

Kerala HC2 Sept 2021WP(C)/6223/2021

Case brief

AI extract

What is this about?

The High Court directed the Local Level Monitoring Committee to consider the petitioner's request for selling more of a mentally challenged woman's land to support her maintenance, after providing an opportunity for hearing and submission of documents.

What did the court decide?

The respondent authority directed to consider the request for sale of further land after hearing and submission of evidence.

Khadeeja Vs District Collector — Pension and Retirement Benefits | Kerala HC (2021)

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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 SATHISH NINAN

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THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943

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WP(C) NO. 6223 OF 2021

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PETITIONER:

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KHADEEJA AGED 69 YEARS D/O. LATE KUNHIKUTTY ALI, NASEEM HOUSE, KONGANNUR P.O., ATHOLI, KOZHIKODE,PIN-673 315

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BY ADVS. K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SMT.VANDANA MENON SRI.P.SHAMSUDDEEN SRI.VIMAL VIJAY

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RESPONDENTS:

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1 DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE-673 001

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2 DIRECTOR, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, 5TH FLOOR, THIRUVANANTHAPURAM-695 001

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3 DISTRICT SOCIAL JUSTICE OFFICER, CIVIL STATION, KOZHIKODE-673 001

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4 ABDUL KHADER AGED 63 YEARS SO. LATE KUNHIKUTTY ALI, NASEEM HOUSE, KONGANNUR P.O., ATHOLI, KOZHIKODE,PIN-673 315

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5 AYSHIBI AGED 72 YEARS D/O. KUNHIKUTTYALI, 'THEJEMS' HOUSE, THALAKULATHUR P.O., KOZHIKODE,PIN-673 317

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6 FATHIMA AGED 69 YEARS D/O. KUNHIKUTTYALI,'JAITHRA' HOUSE, NADAKKAVU P.O., KOZHIKODE,PIN-673 011

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BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER SMT.SATHYASREE PRIYA ESWARAN, AMICUS CURIAE SRI.V.RAMKUMAR NAMBIAR, AMICUS CURIAE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.6223 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 2^nd day of September, 2021

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J U D G M E N T

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The petitioner and respondents 4 to 6 are the

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children of late Kunhikutty Ali and Asiya Umma. The 4^th respondent is mentally retarded. The petitioner was appointed as the legal guardian of the 4^th respondent, under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

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To meet the financial requirements for taking

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care of the subject, sale of immovable property belonging to the subject was necessitated. Thereupon, the petitioner preferred applications before the 1^st respondent who is the Convener of the Local Level Monitoring Committee, seeking permission for sale. An extent of 1.50 Acres of land belongs to the 4^th respondent. On the request made by the petitioner for

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W. P. (C) No.6223 of 2021

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-: 2 :-

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sale, the first respondent passed Ext.P12 order dated 19.01.2021 permitting sale of an extent of 12 cents of property. Ext.P12 order reserves the right of the petitioner to seek for permission for sale of further extent if circumstances necessitate the same and on production of sufficient materials justifying the request. The relevant portion of the order reads thus:-

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“Local Level Committee allows sale of 12 (twelve) cents of land immediately, Transaction of any other extend will be decided as soon as Local Guardian submits sufficient and satisfactory record of expenses such as bills (as much as possible) and a draft sale deed with proper land valuation.”

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3. The petitioner has approached this Court seeking

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permission to sell the entire extent of property noted above.

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Pursuant to the permission granted under

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Ext.P12, an extent of 12 cents of property has been

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W. P. (C) No.6223 of 2021

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-: 3 :-

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conveyed as per Exts.P14 to P16 sale deeds dated 16.02.2021.

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As called for by this Court, the petitioner has

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submitted an affidavit before this Court giving the details of the debts incurred and the amounts necessary for maintenance of the 4^th respondent. The affidavit mentions about the expenses incurred/required to maintain the 4^th respondent. It would be sufficient if

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the first respondent considers the claim raised by the petitioner and passes appropriate orders. Needless to say that, while the authority need to be satisfied regarding the claims raised by the petitioner, the requirement of funds for maintaining of the subject also needs to be considered.

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Accordingly it is ordered that, on the

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petitioner producing a copy of this judgment before the first respondent, the first respondent shall proceed to consider the request of the petitioner and pass appropriate orders, after affording an opportunity to

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W. P. (C) No.6223 of 2021 -: 4 :-

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the petitioner to produce such materials as may be necessary to substantiate the claim and also an opportunity of hearing.

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The writ petition is disposed of as above.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 6223/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE APPLICATION DATED 9.06.2015 BEFORE THE RESPONDENTS 2 AND 3
EXHIBIT P2	TRUE COPY OF PROVISIONAL CERTIFICATE APPOINTING THE PETITIONER AS THE LEGAL
	GUARDIAN OF THE 4TH RESPONDENT DATED 20.10.2016
EXHIBIT P3	TRUE COPY OF REPRESENTATION DATED 18.11.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P4	TRUE COPY OF REPRESENTATION DATED 27.03.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P5	TRUE COPY OF LETTER DATED 4.3.2019 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P6	TRUE COPY OF CERTIFICATE APPOINTING THE
	PETITIONER AS THE LEGAL GUARDIAN OF 4TH RESPONDENT DATED 9/3/2019
EXHIBIT P7	TRUE COPY OF LETTER DT 7.9.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF 3RD RESPONDENT
EXHIBIT P8	TRUE COPY OF THE JUDGMENT IN WPC NO.27293/2019 DATED 23.10.2019 ON THE FILE OF THIS HON'BLE COURT
EXHIBIT P9	TRUE COPY OF THE REPRESENTATION DATED 13.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT
EXHIBIT P10	TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT DATED 6.11.2020 IN CONTEMPT CASE (CIVIL) NO.1537/2020 BEFORE THIS HON'BLE COURT
EXHIBIT P11	TRUE COPY OF THE REPLY AFFIDAVIT DT 8.12.2020 FILED BY THE PETITIONER TO EX P10 STATEMENT (WITHOUT ANNEXURE)

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APPENDIX OF WP(C) 6223/2021

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-2-

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EXHIBIT P12 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 19.01.2021 EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 21.01.2021 IN CONTEMPT CASE (CIVIL) 1537/2020 OF THIS HON'BLE COURT

Khadeeja v. District Collector

Case brief

What is this about?

What did the court decide?

Khadeeja v. District Collector

Case brief

What is this about?

What did the court decide?

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