Kerala Court January 1959 Judgments
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Pavitri Vs. Katheesumma
Court: Kerala
Decided on: Jan-06-1959
Reported in: AIR1959Ker319
Vaidialingam, J. 1. The short point for decision in this Second Appeal is as to whether an illegitimate daughter of a Mohammadan is entitled to get maintenance from the assets of her putative father in the hands of his heirs.2. The suit was for recovery of a sum of Rs. 60/- being the amount due as arrears of maintenance to the plaintiff and for costs from the defendants who are the heirs o the plaintiff's father, one C.P. Moosan Moopan. According to the plaintiff, her mother Kalliani was the wife of Moosan Moopan and the plaintiff was a child born of that union. The deceased Moosan Moopan was maintaining the minor plaintiff and her mother till his death in about September 1951. The first defendant is another wife, and the second defendant is a daughter of the said Moosan Moopan. Defendants 3 to 6 are the sisters of Moosan Moopan. The defendants, who are the heirs of Moosan Moopan, have not paid any maintenance to the plaintiff after the death of Moosan Moopan, though they are admittedl...
Dr. M.O. Cherian Vs. Kerala State and ors.
Court: Kerala
Decided on: Jan-05-1959
Reported in: AIR1960Ker88
N. Varadaraja Iyengar, J.1. This is a petition, under Article 226 of the Constitution filed by Mr. M. O. Cheriaa, Assistant Medical Officer, Munnar and complaining against the premature termination in the first instance of his kuthakapattorn lease by the 1st Respondent State of Kerala and the order for eviction-ctc., under the Land Conservancy Act thereafter passed by the 2nd Respondent Tahsildar of Kun-nathunad, as if for unauthorised occupation.2. The site in question was poramboke land situate just west of the Petitioner's registered holding (containing residential quarters) in Perumbavur Pakuthy. It was part of a larger area of 1, 21 acres, in S. No. 304/10A. The northern portion of this area was being used as a fish market while the southern portion was lying vacant and was being used as a public defecation ground. There had been insistent complaints of this nuisance from the public, so much so, the Director of Public-Health recommended the shifting of the fish market to a vacant ...
itticheria (M.V.) Vs. State of Kerala and anr.
Court: Kerala
Decided on: Jan-05-1959
Reported in: (1959)ILLJ611Ker
ORDERN. Varadaraja Ayyangar, J.1. This is a petition under Article 226 of the Constitution filed by Mr. M.V. Itticheria, assistant engineer, in the service of respondent 1, State of Kerala, questioning the validity of certain disciplinary proceedings initiated against him.2. There were certain irregularities alleged against the petitioner in connexion with the construction of a particular road in Trivandrum East Subdivision within his jurisdiction. Accordingly on 2 July 1957 Government placed him under suspension and on 21 November 1957 ordered a formal and public enquiry into the truth of the imputations under the Public Servants Enquiry Act XI of 1122. Section 2 of that Act contemplated only inquiries into imputations of misconduct as distinguished from irregularities. So on a writ motion by petitioner in O.P. No 24 of 1958, the High Court by order, dated 19 March 1958 quashed the inquiry. The order of suspension was on 25 June 1958 later quashed by the High Court in fresh writ motio...
Krishnan Namboodiri Vs. Travancore Devaswom Board
Court: Kerala
Decided on: Jan-02-1959
Reported in: AIR1960Ker97
ORDERT.K. Joseph, J.1. This is a petition under Article 226 of the Constitution by which the petitioner who was one of the applicants for the office of the Melsanthi at Sabarimala temple seeks to have an order of the 1st respondent, the Travancore Devaswom Board appointing the 2nd respondent as Melsanthi, quashed.2. The main averments in the petitioner's affidavit are as follows: The Assistant Commissioner of Devaswoms, Ambalapuzha invited applications from qualified candidates for the post of Melsanthi at the Sabarimala temple and the petitioner applied, for the same on 17-4-1958. The application was forwarded to the Commissioner of Devanwoms with a recommendation that the petitioner be appointed as Melsanthi. The recommendation was approved by the Commissioner who forwarded the same to the 1st respondent for sanction. Disregarding the recommendations, the 1st respondent appointed the 2nd respondent us Melsanthi for one year, with effect from 1-3-1134. This order is sought to be quash...
Damodaran Vs. Karimba Plantations Co. Ltd. and ors.
Court: Kerala
Decided on: Jan-02-1959
Reported in: AIR1959Ker358
T.K. Joseph, J.1. The subject-matter of this litigation is an extensive hill tract in Karimba Desom, Walluvanaud Taluk, South Malabar. The suit was instituted by the 1st plaintiff who was appointed Receiver in O. S. No. 112 of 1933 of the Subordinate Judge's Court Palghat, to manage the estate including Sthanom and Dewaswam properties of Kuthiravattah Nayar, the 3rd plaintiff in the suit. During the pendency of this suit the 1st plaintiff was removed from office and the 2nd plaintiff was appointed as Receiver, in O. S. No. 100 of 1947 on the file of the District Court, South Malabar. He in turn was replaced by the 4th plaintiff who was appointed by the Court of Wards which obtained management of the estate later. According to the original plaint, the properties described in the schedule appended to the plaint belonged to Pulappatta Thiruvilayanad Bhagavathi Devaswom owned by the Kuthiravattathu estate. These lands are marked as plots A, Al and A2 in the plan Ext. A44 filed along with t...
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