Ayishabeevi M.K vs The District Collector
2021 Latest Caselaw 17138 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                       WP(C) NO. 14844 OF 2021
PETITIONER:

          AYISHABEEVI M.K.,AGED 59 YEARS,W/O. LATE ABDUL JABBAR
          MUSLIAR, AGED 59 YEARS, MOOLAMKUNANTH HOUSE, VALLAPUZHA
          POST, PALAKKAD DISTRICT-679336.

          BY ADV VINOD VALLIKAPPAN



RESPONDENTS:

          THE DISTRICT COLLECTOR,PALAKKAD, OFFICE OF THE DISTRICT
          COLLECTOR, CIVIL STATION, PALAKKAD-678001.

          GP SRI.P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14844OF 2021
                                      2



                                JUDGMENT

The petitioner is the mother and natural

guardian of her daughter Sumayya, who is mentally

retarded. As per Ext P1, she was appointed as the

legal guardian of Sumayya under the National Trust

Act.

2. Sumayya, along with the petitioner and others

are co-owners of a property having an extent of 5.25

cents situated in Survey 171/9-1. One of the sons of

the petitioner has agreed to purchase the rights of

the other sharers. Since permission for the transfer

is required under the National Trust Act, the

petitioner has submitted Ext P2 application before

the respondent. The petitioner seeks for an

expeditious consideration of the said application.

3. The petitioner has sworn to an affidavit

before this Court that, the intended purchaser-Gulam

Muhammed Salahudheen has agreed to deposit an amount WP(C) NO. 14844OF 2021

of Rs.2,30,000/- in Fixed Deposit to the credit of

Sumayya. It is further sworn to that the petitioner

along with Sumayya is presently residing in a house

situated in another 23 cents of property and that

all the expenses of Sumayya are met with by her

siblings.

4. It is for the respondent to consider the

entire aspects and pass appropriate orders on Ext P2

application ensuring that the interests of Sumayya

are adequately safeguarded.

Without expressing anything on the merits, the

writ petition is disposed of directing the

respondent to consider and pass appropriate orders

on Ext P2 application, after hearing the petitioner,

as expeditiously as possible and at any rate within

a period of two months from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 14844OF 2021

APPENDIX OF WP(C) 14844/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF APPOINTMENT OF LEGAL GUARDIAN DATED 13/02/2020 ISSUED BY THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 15/06/2020 ALONG WITH THE RECEIPT ISSUED FOR THE SAME.