Kerala High Court
Hajira Beevi vs The Secretary on 21 May, 2024
W. P. (C) No. 12296 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 12296 OF 2024
PETITIONERS:
1 HAJIRA BEEVI, AGED 71 YEARS,
W/O. MOHAMMED ISMAIL, DARRUL RAIHAAN, EDAMON
NILA,NAVAYIKULAM VILLAGE, VETTIYARA P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695603.
2 NOUFIYA, AGED 25 YEARS,
D/O. ZEENATH BEEVI,DARRUL RAIHAAN, EDAMON
NILA,VAVAYIKULAM VILLAGE, VETTIYARA P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695603.
BY ADVS.M/S.M.K.SUMOD, VIDYA M.K.,
RAJ CAROLIN V. & THUSHARA.K
RESPONDENTS:
1 THE SECRETARY,
NAVAYIKULAM GRAMA PANCHAYAT,NAVAIKULAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695603.
2 NAVAYIKULAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, NAVAIKULAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695603.
3 THE SUB REGISTRAR,
NAVAYIKULAM SUB REGISTRAR OFFICE,NEAR TEMPLE,
NAVAIKULAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN
- 695603.
BY SRI. BIJU BALAKRISHNAN, STANDING COUNSEL
SMT. DEVISHRI R., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 12296 of 2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 12296 of 2024
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Dated this the 21st day of May, 2024
JUDGMENT
The Writ Petition is filed with the following prayers:
"
i. Issue a Writ of Mandamus or such other Writ or Order directing the
first respondent to accord necessary approval for conveyancing the
release deed for the release of encumbrance existing in Exhibit P3
property as per Exhibit P2 registered agreement even after the
completion of the lock in period of 10 years.
ii. Dispense with the production of the English translation of Exhibits
which are in vernacular language; and
iii. Grant such other reliefs as this Court deems fit in the facts and
circumstances of the case."
2. The learned counsel for the petitioners submits that subsequent to
the filing of this Writ Petition, the Assistant Secretary of the Panchayat had
executed a release deed with respect to the subject property.
3. A statement has been filed on behalf of respondents 1 and 2
confirming the same.
4. The above statement is recorded. Nothing further remains to be
adjudicated in the Writ Petition and the same is closed.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF WP(C).NO.12296/2024
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED
NO. 3332/2010 DATED 10/12/2010 OF
NAVAYIKULAM SRO.
EXHIBIT P2 TRUE COPY OF THE REGISTERED AGREEMENT
BEARING NO. 379/2011/I DATED
08/02/2011 OF NAVAYIKULAM SRO.
EXHIBIT P3 TRUE COPY OF THE REGISTERED SETTLEMENT
DEED NO. 1982/2022/I2022 DATED
11/10/2022 OF NAVAYIKULAM SRO.
EXHIBIT P4 TRUE COPY OF THE BASIC LAND TAX
RECEIPT WITH NO. KL01060906747 DATED
17/06/2023 ISSUED BY THE VILLAGE
OFFICER, NAVAYIKULAM VILLAGE, VARKALA
TALUK.
EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE NO. 4851/23 DATED
10/10/2023 FOR THE PROPERTY COVERED
UNDER EXHIBIT P3 AND ISSUED BY THE
NAVAYIKULAM SRO.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE FIRST RESPONDENT
DATED 07/02/2024.
EXHIBIT P7 TRUE COPY OF THE DRAFT RELEASE DEED
SUBMITTED BEFORE THE FIRST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT CUM
RECEIPT FOR TOKEN NO. T7870159 DATED
10/03/2024 ISSUED BY THE THIRD
RESPONDENT NAVAYIKULAM SRO.
