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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
KALAPURAKKAL JOSE – Appellant
Versus
THE COMMISSIONER, MALABAR DEVASWOM BOARD – Respondent
| Table of Content |
|---|
| 1. petitioner claimed ownership based on registered documents. (Para 1 , 2 , 3 , 4 , 6) |
| 2. commissioner exceeded jurisdiction by deciding title disputes. (Para 12 , 13 , 15 , 28 , 30) |
| 3. impugned order quashed; writ petition allowed. (Para 36) |
JUDGMENT
K. V. Jayakumar, J.
This Writ Petition is filed under Article 226 of the Constitution of India challenging Ext.P14 order passed by the 1st respondent, the Commissioner, Malabar Devaswom Board.
2. The petitioner, Kalappurakkal Jose, states that he is the owner of 80 cents of land in R.S. No. 44 (Old Survey No. 26) of Payyavoor Amsom and Desom. According to the petitioner, the property originally belonged to the erstwhile Jenmi, namely, Karakkattidam Tharavadu.
3. The petitioner further states that one Padinjareveetil Lakshmi and her daughter, who were in possession of the said property admeasuring 3.05 Acres had executed Ext.P1 registered Marupattom Deed No. 1771 of 1949 dated 02.09.1949 of S.R.O. Irikkur. Out of the total extent of 3.05 Acres, the said Lakshmi Marassiar had executed Ext.P2 registered sale deed in respect of One Acre of property to Kunhimangalam Veetil Devi Marassiar as per registered Sale Deed No. 2390/1961
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