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Mariyambi v. State of Kerala

Kerala HC27 Nov 2023WP(C)/25519/2022

Case brief

AI extract

What is this about?

In WP(C) 25519/2022, the petitioner sought issuance of pattayam and an injunction against possession of her land. The Court found the apprehension of dispossession ill-founded and directed respondents to issue pattayam within three months.

What did the court decide?

Direction to respondents to finalize proceedings under LA No.13/2018 and issue pattayam to the petitioner within three months of receipt of this judgment.

Mariyambi Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 VIJU ABRAHAM

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MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 WP(C) NO. 25519 OF 2022

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PETITIONER:

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MARIYAMBI AGED 60 YEARS, W/O.LATE ZAINUDDIN, KANIADUKKAM, INDIRA NAGAR HOUSING COLONY, MUTTATHODY VILLAGE, KASARAGOD, PIN - 671541

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BY ADVS. SHIBA M SAMUEL A.PARVATHI MENON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR, KASARAGOD CIVIL STATION, VIDHYANAGAR, KASARAGOD DISTRICT, PIN - 671123

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3 THE SPECIAL TAHASILDAR (LAND ASSIGNMENT) KASARAGOD, PIN - 671123

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4 THE TAHSILDAR (LAND RECORDS), KASARAGOD TALUK OFFICE, COURT ROAD, NEAR MALLIKARJUNA TEMPLE, KASARAGOD, PIN - 671123

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5 THE TAHSILDAR, KASARAGOD, TALUK OFFICE, COURT ROAD, NEAR MALLIKARJUNA TEMPLE, KASARAGOD, PIN - 671123

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6 THE VILLAGE OFFICER, MUTTATHODY VILLAGE CHERKALA P.O.KASARAGOD, PIN - 671541

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7 THE VILLAGE OFFICER, CHENGALA, VILLAGE OFFICE CHENGALA, N.H.-17, KASARAGOD, PIN - 671541

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BY ADV.SRI.RIYAL DEVASSY, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.25519/2022

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JUDGMENT

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Dated this the 27^th day of November, 2023

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The petitioner has approached this Court seeking a direction to respondents Nos.2 to 5 to issue Pattayam to the petitioner on her application bearing No.L.A.13/2018. The petitioner also sought for a consequential relief not to take possession of the land belonging to the petitioner pending consideration of L.A.No.13/2018.

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When the matter came up for consideration earlier on 08.08.2022, there was an interim order directing the respondents not to take possession of the land involved in LA No.13/2018 from the petitioner.

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Learned Government Pleader, upon instructions, submits that the survey authorities went to the property of the petitioner only to take further steps in L.A.No.13/2018 for issuance of pattayam to the petitioner and they had no intention to take possession of the property of the petitioner.

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In view of the fact that the survey authorities went

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WP(C) NO.25519/2022

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to the property of the petitioner as part of finalising the proceedings under L.A.No.13/2018, the apprehension raised by the petitioner that the survey authorities are attempting to take possession of her property, is ill founded.

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In such circumstances, this Writ Petition is disposed of with a direction to respondent Nos.2 to 5 to finalise the proceedings in L.A.No.13/2018 to issue pattayam to the petitioner at the earliest, at any rate, within an outer limit of three months from the date of receipt of a copy of this judgment.

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Sd/-

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VIJU ABRAHAM JUDGE

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csl

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WP(C) NO.25519/2022

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APPENDIX OF WP(C) 25519/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE REPORT DATED 9.7.21 WITH THE STATEMENTS GIVEN BY THE PETITIONER AND HER NEIGHBOURS ExhibitP2 TRUE COPY OF THE REPORT OF 4TH RESPONDENT DATED 11.11.21 Exhibit3 TRUE COPY OF THE PROCEEDINGS SL.NO. 79, LA 13/2018 ExhibitP4 TRUE COPY OF THE REVIEW THE 2ND RESPONDENT'S ORDER DATED 10.12.86, NO: B54259/86 ExhibitP5 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT NO.B5/4259/86 DATED 02/06/2022

Mariyambi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mariyambi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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