Disposed

1. Elsy v. 1. the Special Tahsildar (Land Reforms), Land Tribunal, Tripunithura

Kerala HC10 Jan 2022WP(C)/395/2022

Case brief

AI extract

What is this about?

High Court of Kerala directed the Special Tahsildar (Land Reforms) to consider and dispose of petitioners' Ext.P1 application under Kerala Land Reforms Act within five months, while conceding concurrent proceedings are necessary. The Court also directed the authority to allow impleadment of legal heirs.

What did the court decide?

Direction to 1st respondent to take up Ext.P1 application and dispose within five months, affording 2nd respondent opportunity to be heard; to allow impleadment of legal heirs in Ex.P3.

1. Elsy Vs 1. the Special Tahsildar (Land Reforms), Land… — Land Acquisition | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN MONDAY, THE 10^TH DAY OF JANUARY 2022 / 20TH POUSHA, 1943

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WP(C) NO. 395 OF 2022

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PETITIONERS:

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ELSY AGED 68 YEARS, D/o RAPHAEL ALIAS RAPPEL ATHIPOZHI HOUSE, KATTIPARAMBU, CHELLANAM, KANNAMALY P.O., ERNAKULAM DISTRICT, PRESENTLY RESIDING AT OTTATHENGUNGAL, AROOR VILLAGE AND MURI, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-PIN:688 534, PIN – 688534.

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ROOTH ALIAS LAILA, D/o RAPHAEL ALIAS RAPPEL, AGED ABOUT 58, ATHIPOZHI HOUSE, KATTIPARAMBU, CHELLANAM, KANNAMALY P.O.,ERNAKULAM DISTRICT, PRESENTLY RESIDING AT THAIPARAMBU HOUSE, AROOR VILLAGE AND MURI, AROOR P.O., CHERTHATLA TALUK, ALAPPUZHA DISTRICT-PIN:688 534.

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SANDHYAVU, S/o LAWERENCE, AGED 65, THADITHARA, AROOR VILLAGE, AROOR MURI, AROOR P.O., CHERTHALA, ALAPPUZHA DISTRICT: 688 534.

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MARTEENA JOSEPH, D/o ROSY & W/o JOSEPH THOMAS, AGED 33, KANIYAMVELI,AROOR VILLAGE, AROOR MURI, AROOR P.O., CHERTHALA, ALAPPUZHA DISTRICT-PIN:688 534

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BY ADVS. V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR NITHEESH.M

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RESPONDENTS:

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THE SPECIAL TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, TRIPUNITHURA LAND TRIBUNAL, TRIPUNITHURA, ERNAKULAM DISTRICT-PIN: 682 301, PIN – 682301

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WP(C) NO. 395 OF 2022

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THIRUMALA DEVASWAM, KOCHI, MATTANCHERY, KOCHI, ERNAKULAM DISTRICT-PIN: 682 002. REPRESENTED BY THE ADMINISTRATIVE OFFICER(ADHIKARI)

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OTHER PRESENT:

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SMT.K.AMMINIKUTTY SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 395 OF 2022

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JUDGMENT

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Amidst the various allegations, averments and assertions made and urged in this writ petition, the petitioners seek a direction to the first respondent to take up and consider Ext.P1 application filed by them, under the provisions of the Kerala Land Reforms Act, read with Kerala Land Reforms Act (Tenancy) Rules.

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The afore request made on behalf of the petitioners by their learned counsel – Smt.Keerthy Chandran, was answered by the learned Senior Government Pleader – Smt.K.Amminikutty, saying that if the petitioners only require Ext.P1 to be taken up and disposed of by the 1^st respondent, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations in their favour, since the said respondent

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WP(C) NO. 395 OF 2022

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will have to hear the 2^nd respondent also, while completing such proceedings.

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Taking note to the afore submissions, I order this writ petition and direct the 1^st respondent to take up Ext.P1 application of the petitioners and dispose of the same, after affording them, as also the competent officials of the 2^nd respondent – Thirumala Devaswom, an opportunity of being heard and of producing necessary documents in substantiation; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than five months from the date of receipt of a copy of this judgment.

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At this time, Smt.Keerthy Chandran – learned counsel for the petitioners, submitted that since one of the applicants is now no more, Ext.P3 request has been

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WP(C) NO. 395 OF 2022

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made before the 1^st respondent to implead her legal heirs. She, therefore, prayed that this also be directed to be allowed by the 1^st respondent. It is needless to issue any further order from this Court to the 1^st respondent to decide pending matters in an application and I am certain that said Authority will do so appositely, while the afore exercise is completed.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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ANB

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WP(C) NO. 395 OF 2022

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APPENDIX OF WP(C) 395/2022

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PETITIONER EXHIBITS

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Exhibit P1 THE COPY OF THE O.A.No.67/2019 DATED 01.12.2019 OF THE LAND TRIBUNAL, TRIPUNITHURA. Exhibit P2 TRUE COPY OF THE PLAINT DATED 12.07.2018 (FILED ON 13.07.2018) IN O.S.No.193/2018 PENDING BEFORE THE MUNSIFF'S COURT, KOCHI. Exhibit P3 THE COPY OF THE IMPLEADING PETITION DATED 23.12.2021 IN O.A.No.67/2019 SUBMITTED BY THE PETITIONERS AND RETURNED BY THE 1ST RESPONDENT.

1. Elsy v. 1. the Special Tahsildar (Land Reforms), Land Tribunal, Tripunithura

Case brief

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1. Elsy v. 1. the Special Tahsildar (Land Reforms), Land Tribunal, Tripunithura

Case brief

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