Disposed

Dharma Daivam Devaswom Trust Charitable Sangham v. State of Kerala

Kerala HC2 Jun 2022WP(C)/9662/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of Patta granted to 6th respondent alleging fraud. Statutory appeal pending. Court disposed petition directing District Collector to consider pending appeal within three months with proper notice.

What did the court decide?

Directed 2nd respondent to consider and pass orders on Ext.P4 appeal within three months with notice to all interested persons.

Dharma Daivam Devaswom Trust Charitable Sangham Vs State of… — 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 T.R.RAVI

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THURSDAY, THE 2^ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944 WP(C) NO. 9662 OF 2022

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PETITIONER:

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DHARMA DAIVAM DEVASWOM TRUST CHARITABLE SANGHAM REG. NO.I-565/2002 PANNOOR P.O., KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT-685581, REP. BY ITS SECRETARY, JAYAKRISHNAN, AGED 53 YEARS, S/O.NARAYANA PILLAI, PUTHUKOLIL HOUSE, THODUPUZHA TALUK & VILLAGE, IDUKKI-685584.

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BY ADVS. GEORGE MATHEW PRAVEEN S. M.D.SASIKUMAR SUNIL KUMAR A.G DIPU JAMES MATHEW K.T. STEPHY K.REGI

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RESPONDENTS:

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1 STATE OF KERALA

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REP. BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR, IDUKKI DISTRICT, CIVIL STATION, KUYILIMALA, PAINAVU P.O., IDUKKI-685603.

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3 THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, CIVIL STATION, KUYILIMALA, PAINAVU P.O., IDUKKI-685603.

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4 TAHSILDAR, THODUPUZHA TALUK, TALUK OFFICE, MINI CIVIL STATION, THODUPUZHA-685584.

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5 THE VILLAGE OFFICER, VILLAGE OFFICE, KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT-685581.

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WP(C) NO. 9662 OF 2022

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6 AMMINI, AGED 85 YEARS KUNNUMPURATH HOUSE, PANNOOR P.O., KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT-685581.

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BY ADVS. S.AMBILY K.K.CHANDRAN PILLAI (SR.) MICKY THOMAS

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SRI. BIMAL K. NATH.SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9662 OF 2022

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JUDGMENT

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The petitioner which is stated to be a registered Charitable Society has approached this Court seeking quashing of Exts.P2, P3 and other proceedings, by which Patta has been granted to the predecessor in interest of the 6^th respondent.

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According to the petitioner, Patta was fraudulently obtained in 1976. He has taken up the matter before the Appellate Authority in Ext.P4 appeal and submits that the same is still pending and in the meanwhile waste is being committed on the property. Since a statutory appeal is pending it will not be proper for this Court to enter into the merits of the controversy.

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The writ petition stands disposed of, directing the 2^nd respondent to consider and pass orders on Ext.P4 appeal, within three months from the date of receipt of a copy of this judgment. If the petitioner moves any interim application

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WP(C) NO. 9662 OF 2022

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before the Appellate Authority, the same shall be heard and

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disposed of with notice to the 6^th respondent and all other interested persons.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 9662 OF 2022

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APPENDIX OF WP(C) 9662/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE NO.1565/02 DATED 9.10.2002. Exhibit P2 TRUE COPY OF ORDER NO.B2-3602/2004 DATED 3.9.2011 ISSUED BY 3RD RESPONDENT. Exhibit P3 TRUE COPY OF CORRECTION ORDER NO.B23602/2004 DATED 10.3.2020 ISSUED BY 3RD RESPONDENT. Exhibit P4 TRUE COPY OF APPEAL MEMORANDUM DATED 06.7.2020 WITH PRAYER FOR INTERIM RELIEF. Exhibit P5 TRUE COPY OF RECEIPT NO.E6-180131/2020 DATED 16.7.2020 ISSUED FROM THE OFFICE OF 2ND RESPONDENT. Exhibit P6 TRUE COPY OF JUDGMENT DATED 15.7.2009 IN WP(C) NO.33663 OF 2002 G.

Dharma Daivam Devaswom Trust Charitable Sangham v. State of Kerala

Case brief

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Dharma Daivam Devaswom Trust Charitable Sangham v. State of Kerala

Case brief

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