Kerala High Court
National Shrine Basilica Of Our Lady Of ... vs State Of Kerala on 25 June, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 25TH DAY OF JUNE 2012/4TH ASHADHA 1934
WP(C).No. 9747 of 2012 (P)
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PETITIONER(S):
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NATIONAL SHRINE BASILICA OF OUR LADY OF VALLARPADOM,
KOCHI-682 031
1. REPRESENTED BY ITS RECTOR AND VICAR FR.THOMAS PULICKAN
AGED 47 YEARS, VALLARPADOM CHURCH, VALLARPADOM P.O.
KAIKKARS :
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2. MARCELINE LOPEZ , AGED 60 YEARS
S/O. BRUNO LOPEZ, RESIDING AT PALAMITTOM
VALLARPADOM P.O., MULAVUKAD.
3. MICHAEL T.G., AGED 63 YEARS
S/O. T.M.GEORGE, RESIDING AT THANNIKKOTT HOUSE
VALLARPADOM P.O., MULAVUKAD.
4. JOSEPH A.S., AGED 61 YEARS
S/O. SEBASTIAN, RESIDING AT ANJATTUPARAMBIL HOUSE
VALLARPADOM P.O., MULAVUKAD.
BY ADV. SRI. N. C. JOSEPH
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
GOVT. SECRETARIAT, THIRUVANANTHAPURA, PIN - 695 001
2. THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, THRIKKAKKARA
KAKKANAD, PIN - 682 030
3. THE ASSISTANT DIRECTOR OF RE-SURVEY
RE-SURVEY RECORDS, COLLECTORATE, KAKKANAD, PIN - 682 030
DCS
WP(C).No. 9747 of 2012 (P)
4. THE DISTRICT SUPERINTENDENT OF SURVEY
SURVEY RECORDS, COLLECTORATE, THRIKKAKARA
KAKKANAD P.O., PIN - 682 030
5. THE DISTRICT SUPERINTENDENT OF RE-SURVEY RECORDS
RAILWAY STATION ROAD, ERNAKULAM, PIN -682 018
6. ADDITIONAL TAHSILDAR
KANAYANNUR TALUK, ERNAKULAM, PIN - 682 011
BY GOVERNMENT PLEADER SRI. MUHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 9747 of 2012 (P)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXT.P1 : COPY OF SETTLEMENT PATTAYAM NO.248/1018 M.E.ISSUED FROM
SETTLEMENT OFFICE TO THE PETITIONER.
EXT.P2 : COPY OF DOCUMENT NO.2428/1095 OF SUB REGISTRY OFFICE,
ERNAKULAM.
EXT.P3 : COPY OF KARAIMA KONAM PATTAYAM NO.7 IN FAVOUR OF THE
PETITIONER.
EXT.P4 : COPY OF SETTLEMENT NOTICE WITH RESPECT TO THE JENMOM
RIGHT ISSUED BY CHIEF SETTLEMENT OFFICER, ADDITIONAL
ERNAKULAM SETTLEMENT OFFICE.
EXT.P4(a): COPY OF CHART SHOWING THE LEASE HOLD LANDS OBTAINED BY
THE PETITIONER AS PER SETTLEMENT PATTAYAM.
EXT.P5 : COPIES OF INDIVIDUAL APPLICATIONS FILED BEFORE THE
RE-SURVEY ADALATH BY THE PETITIONER NUMBERED AS SA 555/2006.
EXT.P6 : COPY OF REPRESENTATION DTD.11.10.2010 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR, ERNAKULAM.
EXT.P7 : COPY OF REMINDER DTD.16.2.2011 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT-DISTRICT COLLECTOR, ERNAKULAM.
RESPONDENTS' EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.9747 OF 2012
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Dated this the 25th day of June, 2012.
J U D G M E N T
The petitioners herein is the National Shrine Basilica of Our Lady of Vallarpadom represented by the Rector and Vicar of the Church and Kaikkars. The petitioners are seeking mainly a direction to the resurvey authorities to conduct appropriate survey and measurement of the properties of the Church with notice to various parties namely, kudikidappukars and tenants who have already obtained purchase certificates.
2. It is averred in the writ petition that the Church had 49 Acres and 16 cents of land in Mulavukad and Elamkunnapuzha villages obtained by way of jenmom right as per Settlement Pattayam bearing No.248/1018 M.E., under Karaima, Lease hold right and Kannam from Elamkunnapuzha Devaswom, Paliyam and Cherupally Swaroopam and Exts.P1 to P4 are copies of the same. From the petitioners, so many persons have obtained W.P.(C) No.9747/2012 2 leases as well as kudikidappu rights and they have obtained purchase certificates and pattayams under the Kerala Land Reforms Act.
3. The petitioners have produced Ext.P4(a) a chart showing the land obtained by them as per Exts.P1 to P4. The petitioners have pointed out in paragraph 3 of the writ petition that applications have been filed for correction of re-survey records and for resurveying the land in excess of the purchase certificates of kudikidappukars and lessees in the name of the petitioner. Ext.P5 series are the applications filed before the Resurvey Adalath. It is also stated that measurements had started and it was almost complete. Since there was no progress in the completion and finalisation of resurvey work because of the transfer of various resurvey staff involved, the petitioners filed an application before the District Collector as per Ext.P6 and Ext.P7 is a reminder to the same.
4. Learned Government Pleader submitted that the petitioners will have to submit details of the occupants who are W.P.(C) No.9747/2012 3 lessees and kudikidappukars for enabling the authorities for speedy execution of the work. Learned counsel for the petitioners submitted that the same will be provided to the survey authorities.
Therefore, this writ petition is disposed of directing the respondents 5 and 6 to see that effective steps are taken in the matter as requested for by the petitioners. The survey and measurement will be completed with notice to the petitioner- Church as well as to various occupants who are either lessees or kudikidappukars. The process will be completed within a period of six months from the date of production of a copy of this judgment along with a copy of the writ petition to both the respondents 5 and 6.
T.R. RAMACHANDRAN NAIR JUDGE smp