In a writ petition concerning unpaid purchase price for leasehold rights, the Court does not adjudicate on merits due to limited relief. It directs the Land Tribunal to consider the petitioner's request within three months.
Directs respondent to consider Ext. P3 and pass appropriate orders within three months of receipt of this judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936
WP(C).No. 1163 of 2015 (U)
PETITIONER :
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ABOOBACKER SIDDIK,
S/O.ALIKUTTY, KALATHINGAL HOUSE, PUTHARIKKAL, P.O.PARAPPANANGADI - 676 103, MALAPPURAM DISTRICT
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT :
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THE LAND TRIBUNAL TIRUR - 676 101, MALAPPURAM DISTRICT
BY GOVERNMENT PLEADER SRI. K.C. VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 1163 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.1878/1986 OF PARAPPANANGADI SUB REGISTRAR OFFICE.
EXT.P2: TRUE COPY OF THE ASSIGNMENT ORDER DATED 25-3-1987 OF PARAPPANANGADI LAND TRIBUNAL.
EXT.P3: TRUE COPY OF THE REQUEST DATED 13-12-2014 FILED BY THE PETITIONER BEFORE THE RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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P.R. RAMACHANDRA MENON J.
JUDGMENT
The petitioner purchased the leasehold rights over the 6 ½ cents of land comprised in Re.Survey No. 244/5 of Neduva village vide Ext. P1 assignment deed bearing No. 1878 of 1986 of SRO, Parappangadi. Ext. P2 is the assignment order dated 25.03.1987 of the Land Tribunal, whereby the 'jenmom rights' came to be purchased by the petitioner. But the purchase price was omitted to be paid, which came to the notice of the petitioner only recently. It was in the said circumstances that the petitioner moved the respondent by filing Ext. P3 in S.M.No. 3/87 for permission to satisfy the purchase price, including interest, if any. The learned counsel for the petitioner submits that the only prayer now pressed before this Court is to cause Ext. P3 to be considered within a reasonable time.
does not find it necessary to adjudicate the matter on merits. The Writ Petition is disposed of, directing the respondent to consider and
W.P.(C) No. 1163 of 2015
: 2 :
pass appropriate orders on Ext. P3, in accordance with law, at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondent for further steps.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
1 issue framed by the court
Whether the respondent is directed to consider the petitioner's request for permission to satisfy the omitted purchase price within a specified period.
Aboobacker Siddik
The Land Tribunal Tirur
P. R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
