IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 22274 of 2006(B) -------------------------- PETITIONER: ------------------- * THANKAMMA, D/O. KALI, CHITHRAKKAL, KUTHIATHODU VILLAGE, KUTHIATHODU P.O., CHERTHALA TALUK. (DIED) * ADDL. PETITIONERS 2 TO 6 IMPLEADED ---------------------------------------------------------- ADDL.P2. THANKAPPAN, AGED 82 YEARS, S/O.THEVI, CHITHRAKKAL, KODAMTHURUTH VILLAGE, KUTHIATHODU P.O., CHERTHALA TALUK. ADDL.R3. PRAKASAN, AGED 40 YEARS, S/O.THANKAPPAN, CHITHRAKKAL, KODAMTHURUTH VILLAGE, KUTHIATHODU PO., CHERTHALA TALUK. ADDL. R4. RAJU, AGED 30 YEARS, S/O.THANKAPPAN, CHITHRAKKAL KODAMTHURUTH VILLAGE, KUTHIATHODU P.O., CHERTHALA TALUK. ADDL.R5. GIRIJA AGED 32 YEARS, D/O.THANKAMMA, CHITHRAKKAL, KODAMTHURUTH VILLAGE, KUTHIATHODU P.O., CHERTHALA TALUK. ADDL.R6. PUSHPA AGED 27 YEARS, D/O.THANKAMMA, CHITHRAKKAL, KODAMTHURUTH VILLAGE, KUTHIATHODU P.O., CHERTHALA TALUK. ADDITIONAL PETITIONERS 2 TO 6 ARE IMPLEADED AS PER ORDER DATED 25.3.2010 IN IA. 16132/09 BY ADV. SRI.G.ANANTHANARAYANAN RESPONDENTS: ---------------------- 1. ALAPPUZHA ANANTHANARAYANAPURAM, THURAVOOR THIRUMALA DEVASWOM THURAVOOR, REPRESENTED BY ITS PRESIDENT. 2. APPELLATE AUTHORITY (L.R.), ALAPPUZHA. 3. DEPUTY COLLECTOR (L.R.), ALAPPUZHA. * 4. CHERIAN THOMAS POOPPALLIL, POOPPALLIL HOUSE, PAZHAVEED WARD, ALAPPUZHA. ( DIED ) & DELETED) * THE NAME OF R4 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 19.11.2010 IN IA 16136/10 WP(C).No. 22274 of 2006(B) ------------------------------------- ADDL. RESPONDENTS 5 TO 9 IMPLEADED ------------------------------------------------------------- * ADDL. R5. JOLLY W/O.CHERIAN THOMAS POOPPALLIL, POOPPALLIL HOUSE, PAZHAVEED WARD, ALAPPUZHA. “ R6. DILEEP, S/O.CHERIAN THOMAS POOPPALLIL, POOPPALLIL HOUSE, PAZHAVEED WARD, ALAPPUZHA. “ R7. BINDU, D/O.CHERIAN THOMAS POOPPALLIL, POOPPALLIL HOUSE, PAZHAVEED WARD, ALAPPUZHA. “ R8. SUMITHA, D/O.CHERIAN THOMAS POOPPALLIL, POOPPALLIL HOUSE, PAZHAVEED WARD, ALAPPUZHA. “ R9. GEORGE, S/O.CHERIAN THOMAS POOPPALLIL, POOPPALLIL HOUSE, PAZHAVEED WARD, ALAPPUZHA. ADDITIONAL RESPODENTS 5 TO 9 ARE IMPLEADED AS PER ORDER DATED 03.03.2011 IN IA NO.3426/2011. BY SENIOR GOVERNMENT PLEADER SRI.P.K.ARAVINDAKUMAR BABU R1 BY ADVS. SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22274 of 2006(B) --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF MEDICAL CERTIFICATE FOR ORTHOPAEDICALLY HANDICAPPED ISSUED BY MEDICAL COLLEGE HOSPITAL, ALAPPUZHA DATED 23.6.1986. EXT.P2. COPY OF CERTIFICATE OF PURCHASE ISSUED BY DEPUTY COLLECTOR (LR), ALAPPUZHA DATED 9.12.2002 EXT.P3. COPY OF THE ORDER DATED 25.2.2004 IN A.A.149/2003 ON THE FILE OF APPELLATE AUTHORITY (LR), ALAPPUZHA. EXT.P4. COPY OF REPRESENATION MADE BY THE PETITIONER DATED 28.11.2004. EXT.P5. COPY OF REPRESENTATION MADE BY THE PETITIONER DATED 27.4.2005. EXT.P6. COPY OF REPRESENTATION MADE BY THE PETITIONER DATED 16.5.2006. EXT.P7. COPY OF REPRESENTATION MADE BY THE PETITIONER DATED 30.6.2006. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.22274 OF 2006 -------------------------------- Dated this the 3rd day of March 2011 JUDGMENT The prayers of the writ petitioner are the following: i) To issue a writ of mandamus or any other appropriate writs or direction inter alia directing the 3rd respondent to act in tune with Ext.P3 order passed by the 2nd respondent. ii) To declare that the petitioner is in possession of the subject matter involved in the S.M. Proceedings on the basis of Ext.P1. Iii) To grant such other and further reliefs that are deemed fit to grant. 2. Heard the learned counsel for the petitioner, learned standing counsel for the first respondent/Devaswom Board, as well as the the learned Govt. Pleader. During the course of hearing, the learned standing counsel for the first respondent/Board brought to the notice of this Court that the issue now stands confined to the implementation of Ext.P3 Appellate Order, whereby Ext.P2 purchase order was set aside; operative portion of which reads as follows: The Deputy Collector (L.R), Alappuzha is directed to look into the annuity petition filed by the Devaswom and ascertain whether the Devaswom has included this holding W.P.(C) No.22274 OF 2006 2 in it and whether annuity in respect of the same has been determined. If it is such a holding he is at perfect liberty to assign the jenmom right if not already assigned. If it is found that it is not a holding including in annuity petition the Deputy Collector (L.R) is directed to return the application dated 20- 09-2002 to the applicant with a direction to present the same before the (Special Tahsildar) Land Tribunal, Cherthala and that tribunal can pursue action under Section.72 C. 3. The learned standing counsel for the first respondent submits that the matter can be finalised by the third respondent in terms of Ext.P3, after giving an opportunity for hearing to all concerned. 4. In the above circumstances, the Writ Petition is disposed of, directing the third respondent to finalise the proceedings in terms of Ext.P3 and appropriate orders shall be passed in accordance with law, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. vdv P.R.RAMACHANDRA MENON, JUDGE