Kerala High Court
The Parsi Anjuman Cannanore vs The State Of Kerala Represented By Its on 23 September, 1929
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934
WP(C).No. 32209 of 2011 (A)
---------------------------
PETITIONER:
-------------
THE PARSI ANJUMAN CANNANORE,
REPRESENTED BY ITS PRESIDENT MRS.TEHME M.MISTRY
W/O.LATE MACKY B MISTRY, AGED 60 YEARS
RESIDING AT AHURA, FORT ROAD, KANNUR-1.
BY ADVS.SRI.V.RAMKUMAR NAMBIAR
SRI.C.X.ANTONY BENEDICT
RESPONDENT(S):
------------------
1. THE STATE OF KERALA REPRESENTED BY ITS
SECRETARY TO REVENUE DEPARTMENT
GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM -695 001
2. THE DISTRICT COLLECTOR, KANNUR-670 001.
3. THE VILLAGE OFFICE, KANNUR-1 VILLAGE,
KANNUR-670 001.
4. THE SUB COLLECTOR, THALASSERY,
KANNUR DISTRICT-670 101.
BY GOVERNMENT PLEADER SMT.SANJEETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C)No.32209/11
PETITIONER(S) EXHIBITS
EXHIBIT P1. TRUE COPY OF THE DECREE IN OS 8/1929 OF THE SUBORDINATE
COURT, THALASSERY DATED 23/09/1929.
EXHIBIT P2. TRUE COPY OF THE 'SANAD' ISSUED BY ARAKKAL RAJA SULTAN ALI TO
MEHERWANJI AND OTHERS.
EXHIBIT P3. PHOTOGRAPHS OF THE 'SANAD' ENGRAVED IN A PLAQUE AT THE THE
BURIAL GROUND.
EXHIBIT P4. TRUE COPY OF THE REGISTERED ASSIGNMENT DEED EXECUTED BY THE
THEN PRESIDENT OF THE PETITIONER TRUST IN FAVOUR OF
POOCHALI CHANDRAN.
EXHIBIT P5. TRUE COPY OF THE REGISTERED ASSIGNMENT DEED DATED 18/3/1989
EXECUTED BY THE PETITIONER TRUST IN FAVOUR OF
KOVAPURATH HAFSATH BI.
EXHIBIT P6. TRUE COPY OF THE REGISTERED ASSIGNEMNT DEED DATED 27/1/1989
EXECUTED BY THE PETITIONER TRUST IN FAVOUR OF
KADIRKATHAKA PILLANTHAKATH JUBIRIYATH.
EXHIBIT P7. TRUE COPY OF LAND ACQUISION NOTICE UNDER SECTION 3 OF THE
LAND ACQUISITION ACT DATED 6/11/1991.
EXHIBIT P8. TRUE COPY OF THE LAND ACQUISITION NOTICE UNDER SECTION 9(1)
OF THE LAND ACQUISITION ACT DATED 10/1/1994 ISSUED TO
THE PETITIONER TRUST.
EXHIBIT P9. PHOTOGRAPHS ( 10 IN NUMBER) OF THE BUILDING.
EXHIBIT P10. TRUE COPY OF NOTICE DATED 6/5/2011 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P11. TRUE COPY OF THE NOTICE DATED 7/5/2011 ISSUED BY THE
3RD RESPONDENT.
EXHIBIT P12. TRUE COPY OF DETAILED REPLY DATED 9/5/2011 SUBMITTED BY
PETITIONER.
EXHIBIT P13. TRUE COPY OF THE UNDATED NOTICE RECEIVED BY THE
PETITIONER ON 12.5.11.
EXHIBIT P14. TRUE COPY OF THE REPLY DATED 17/5/2011 SUBMITTED BY THE
PETITIONER BEFORE THE THIRD RESPONDENT.
EXHIBIT P15. TRUE COPY OF THE RECOMMENDATION LETTER DATED
18/5/2011 BY THE THIRD RESPONDENT TO THE SECOND RESPONDENT.
W.P.(C)No.32209/11
EXHIBIT P16. TRUE COPY OF THE JUDGMENT IN WPC NO.13722/2011 DATED
27/7/2011.
EXHIBIT P17. TRUE COPY OF THE NOTICE DATED 19/9/2011 ISSUED BY THE
2ND RESPONDENT DIRECTING THE PETITIONER TO APPEAR FOR
HEARING ON 28.9.11.
EXHIBIT P18. TRUE COPY OF THE REPRESENTATION DATED 28/9/2011
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P19. TRUE COPY OF UNDATED ORDER OF THE 2ND RESPONDENT-
DISTRICT COLLECTOR, RECEIVED BY THE PETITIONER'S SON
KAIZAD MISTRY ON 22.11.2011
EXHIBIT P20. TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT
DATED 24/12/1971 ISSUED TO THE THEN PRESIDENT OF THE
PETITIONER-TRUST.
EXHIBIT P21. TRUE COPY OF THE LETTER DATED 10/1/2001 ISSUED BY THE
PETITIONER ALONG WITH THE PLAN.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
dsn
T.R.RAMACHANDRAN NAIR, J.
--------------------------------------------------
W.P.(C)No.32209 Of 2011
--------------------------------------------------
DATED THIS THE 26th DAY OF SEPTEMBER, 2012
JUDGMENT
The Writ Petition is filed by the petitioner challenging Exhibit P19 order. A declaration is also sought that the petitioner is the owner in possession of immovable property bearing survey No.O.S.1342 and 500 of Chirakkal Amsom, Kannur Karar Desom comprising a total extent of 8 acres and 40 cents in O.S.No.1342 and 2 acres and 84 cents in O.S.No.500 having new survey number T.S.435/1 of Kannur-1 Village, Ward IV, Block 10 and T.S.No.782 of Kannur-1 Village, Ward III, Block 16.
2. A counter affidavit has been filed by the 2nd respondent. It is stated in paragraph No.13 of the counter affidavit that the trust has no right to alienate any property enjoyed by it and could only use it for the purpose for which it was allocated to them.
3. The learned counsel for the petitioner therefore submitted that the petitioner will avail the remedy before the Civil Court and a notice under Section 80 of the Code of Civil W.P.(C)No.32209/11 -2- Procedure has already been issued also.
4. This Court passed an interim order of stay on 2.12.2011 and the same stand extended with a further rider that the petitioner shall not alienate or otherwise part with possession of the property in question. The said interim order will continue for a period of one month from today, for enabling the petitioner to approach the Civil Court and seek for appropriate interim orders. All the contentions of the petitioner are left open.
The Writ Petition is disposed of as above.
Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn