Disposed

Philip M.K. v. Land Tribunal Special Tahsildar (Lr)

Kerala HC1 Mar 2017WP(C)/3035/2017

Case brief

AI extract

What is this about?

Petitioners, bona fide purchasers of land, petitioned for speedy disposal of purchase certificate applications under Section 7E of the Kerala Land Reforms Act filed against the Land Tribunal Special Tahsildar. This Court directed the first respondent to dispose of the matter within nine months and assured non-disturbance of possession.

What did the court decide?

Direction to the first respondent to dispose of the applications within nine months after hearing; actual possession of the petitioners to remain undisturbed.

Philip M.K. Vs Land Tribunal Special Tahsildar (Lr) — Property and Title | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938

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WP(C).No. 3035 of 2017 (D)

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PETITIONER(S):

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1. PHILIP M.K., S/O.MANALIL KOSHI PADIVATTOM, EDAPPALLY P.O, ERNAKULAM.

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2. SARAMMA, W/O.PHILIP.M.K. MANALIL HOUSE, PADIVATTOM, EDAPPALLY P.O, ERNAKULAM.

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BY ADVS.SRI.K.B.GANGESH SMT.ATHIRA A.MENON

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RESPONDENT(S):

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1. LAND TRIBUNAL SPECIAL TAHSILDAR (LR) CHEMBUKKAVU, THRISSUR-680721

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2. TALUK LAND BOARD, MUKUNDAPURAM REPRESENTED BY ITS CHAIRMAN, DEPUTY COLLECTOR (LA), THRISSUR.-68000

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3. THE VILLAGE OFFICER PARIYARAM, THRISSUR DISTRICT.-680721

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4. JOSE C. KARIPPAI KARIPPAI HOUSE, PARIYARAM, MUKUNDAPURAM TALUK, THRISSUR-680721.

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5. VALSA GEORGE, W/O. GEORGE KARIPPAI HOUSE, PARIYARAM, MUKUNDAPURAM TALUK, THRISSUR.-680721

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BY GOVERNMENT PLEADER SRI.S.KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3035 of 2017 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1	TRUE COPY OF THE DOCUMENT NO.2656/2000 DATED 19.5.2000 OF SRO CHALAKUDY.
P2	TRUE COPY OF THE DOCUMENT NO.2657/2000 DATED 19.5.2000 OF SRO CHALAKUDY.
P3	TRUE COPY OF THE DOCUMENT NO.2658/2000 DATED 19.5.2000 OF SRO CHALAKUDY.
P4	TRUE COPY OF THE TAX RECEIPT DATED 31.7.2001 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE 1ST PETITIONER.
P5	TRUE COPY OF THE TAX RECEIPT DATED 31.7.2001 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE 2ND PETITIONER.
P6	TRUE COPY OF THE NOTICE DATED 6.6.2007 ISSUED BY THE 3RD RESPONDENT
P7	TRUE COPY OF THE ORDER DATED 26.2.2007 ISSUED BY THE 2ND RESPONDENT
P8	TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE APPLICATIONS RECEIVED BY THE 1ST PETITIONER
P9	TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE APPLICATIONS RECEIVED BY THE 2ND PETITIONER
P10	COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 15.12.2015 IN WPC 17998/2007

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) No.3035 of 2017

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Dated this the 1^st day of March, 2017

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JUDGMENT

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Petitioners are bonafide purchasers of properties covered by Exts.P1 to P3 documents. The said properties were originally owned by the 4^th respondent, which was purchased by the petitioner from the subsequent assignees of the 4^th respondent. Consequent to certain actions initiated under the Kerala Land Reforms Act, petitioner has submitted applications seeking issuance of purchase certificate under Section 7E of the KLR Act, evident from Exts.P8 and P9 receipts bearing Nos.A5 1434/15 and A5 1435/15 respectively. According to the petitioner, in spite of earnest efforts of the petitioner, first respondent is not taking any earnest effort to dispose of the matter on an early basis.

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Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the first respondent to take on board the applications, pertaining to Exts.P8 and P9 specified above and attain finality to the same, within nine months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the

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W.P.(C) No.3035 of 2017

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petitioner and any other interested or affected persons. Till such time the actual possession of the petitioner may not be disturbed.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/2/3/

Philip M.K. v. Land Tribunal Special Tahsildar (Lr)

Case brief

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Philip M.K. v. Land Tribunal Special Tahsildar (Lr)

Case brief

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