Kerala High Court
Subramani vs Nil on 6 April, 2017
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 6TH DAY OF APRIL 2017/16TH CHAITHRA, 1939
WP(C).No. 6905 of 2017 (K)
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NAME AND ADDRESS OF THE PETITIONER(S) :
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1. SUBRAMANI,
49 YEARS OF AGE, S/O.MADASAMI (LATE), 13/35, 3RD STREET,
SATHYAMURTHY NAGAR, THIRUVOTTIYOOR, CHENNAI-600 019.
2. AMUTAN,
47 YEARS OF AGE, S/O.MADASAMI (LATE), NO.9, TATA TEA
QUARTERS, PULLIVASAL ESTATE, POWER HOUSE DIVISION,
MUNNAR POST-685 612, IDUKKI DISTRICT.
3. SUMATHY,
45 YEARS OF AGE, D/O.MADASAMY (LATE), PULLIVASAL ESTATE,
POWER HOUSE DIVISION, MUNNAR POST-685 612,
IDUKKI DISTRICT.
4. DEVI,
41 YEARS OF AGE, D/O.MADASAMI (LATE), PULLIVASAL ESTATE,
POWER HOUSE DIVISION, MUNNAR POST-685 612,
IDUKKI DISTRICT.
5. MOORTHI,
36 YEARS OF AGE, S/O.MADASAMI (LATE), TATA TEA QUARTERS,
PULLIVASAL ESTATE, POWER HOUSE DIVISION, MUNNAR
POST-685 612, IDUKKI DISTRICT.
6. DHARMAR,
33 YEARS OF AGE, S/O.MADASAMI (LATE), TATA TEA QUARTERS,
PULLIVASAL ESTATE, FACTORY DIVISION, MUNNAR POST-685 612,
IDUKKI DISTRICT.
BY ADVS. SRI.SHIRAZ ABDULLA
SRI.JOJO PAPPACHAN
NAME AND ADDRESS OF THE RESPONDENT(S) :
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
..2/-
..2..
WP(C).No. 6905 of 2017 (K)
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2. THE TAHASILDAR,
DEVIKULAM, IDUKKI DISTRICT.
3. THE VILLAGE OFFICER,
PALLIVASAL VILLAGE, DEVIKULAM TALUK,
PALLIVASAL, IDUKKI.
BY SPL. GOVERNMENT PLEADER SRI. MOHAMMED ANZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 6905 of 2017 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1- A COPY OF THE DEATH CERTIFICATE ISSUED FROM THE OFFICE
OF THE GRAMA PANCHAYATH, PALLIVASAL P.O., IDUKKI DISTRICT.
EXHIBIT P2- A COPY OF THE FAMILY MEMBERSHIP CERTIFICATE IN FAVOUR
OF PETITIONERS, ISSUED FROM PALLIVASAL VILLAGE OFFICE.
EXHIBIT P3- A COPY OF THE PATTA ISSUED IN THE NAME OF
LATE MADASAMY AND THE COPIES OF THE ALLIED DOCUMENTS.
EXHIBIT P4- NIL
EXHIBIT P5- COPY OF THE APPLICATION SUBMITTED UNDER FORM NO. 10 BY
PETITIONERS DECEASED MOTHER.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TOJUDGE.
Msd.
SHAJI P. CHALY, J.
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W.P.(C) No.6905 of 2017
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Dated this the 6th day of April, 2017
JUDGMENT
Petitioners are the legal heirs of one late Madasamy. The said Madasamy was a pattadar of the 2 acres 51 cents of land comprised in survey No.19/1 covered by patta No.10298. According to the petitioners, the said land was assigned in the year 1978, and the predecessor in interest of the petitioners were in actual possession and enjoyment of the land for a considerable long period, and is carrying out agricultural operations in the property. However, some discrepancy occurred while conducting the re-survey, consequent to which, according to the petitioners, their mother has submitted Ext.P5 application along with Ext.P3 series. According to learned counsel for the petitioners, the applicant, viz., mother of the petitioners passed away subsequently. It is in this background, seeking appropriate direction to attain finality to Ext.P5, this writ petition is filed.
2. Having heard learned counsel for the petitioners and the learned Special Government Pleader and perusing the W.P.(C) No.6905 of 2017 2 pleadings and the documents on record, there will be a direction to the 2nd respondent to take on board Ext.P5 along with Ext.P3 series and consider the same in accordance with law, and attain finality within four months from the date of receipt of a copy of this judgment, after providing sufficient opportunity of participation to the petitioners as well as any other interested or affected persons. I also make it clear that, if the 2nd respondent finds that there is any defect to be cured on the basis of the death of the applicant in Ext.P5, petitioners shall be given sufficient time to cure the defect and proceed accordingly.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE St/-
06.04.2017