Public prosecutor in High Court of Kerala. Petitioner challenged default order. Court set aside order dismissing Land Tribunal proceedings for default and directed restoration within ten months.
Order dated 20.12.2017 setting aside S.M.No.284/2010 be set aside; proceedings restored; Land Tribunal to dispose within ten months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940
WP(C).No. 25941 of 2018
PETITIONER
RAJESH S/O. VASU MASTER, AGED 46 YEARS, KOTTAPADATH (H), NADUVATTAM, CHELLOOR, POST NADUVATTAM, TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV.SRI.C.M.MOHAMMED IQUABAL
RESPONDENT:
THE LAND TRIBUNAL, OFFICE OF THE SPECIAL TAHSILDAR, TIRUR, POST TIRUR, MALAPPURAM DISTRICT, PIN - 676 101.
BY SR GOVERNMENT PLEADER SRI. SAIGI JACOB PALATTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 25941 of 2018 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE NADUVATTAM VILLAGE DATED 31.05.2016. EXHIBIT P2 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY S.R.O KUTTIPPURAM DATED 26.06.2015. EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, TIRUR DATED 2.2.2010. EXHIBIT P4 THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, NADUVATTAM DATED 29.4.2010. EXHIBIT P5 THE TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 27.07.2018.
RESPONDENTS EXHIBITS NIL
/TRUE COPY/ PA TO JUDGE
sdr/9.8.18
ALEXANDER THOMAS, J.
W.P.(C)No.25941 of 2018
Dated this the 01st day of August, 2018
JUDGMENT
The prayers in this writ petition (civil) are as follows:-
“ a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to issue a Purchase Certificate to the petitioner as per his application evidenced by Ext.P3 certificate.
(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to consider and pass appropriate orders in S.M.284/2010, pending before the Land Tribunal, Tirur within a time stipulated by this Hon'ble Court.
(c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to consider and pass orders on Ext.P5 petition within a time stipulated by this Hon'ble Court.
and
(d) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.”
2. Heard Sri.C.M.Mohammed Iquabal, learned counsel
appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent.
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W.P.(C)No.25941 of 2018
Naduvattam Village, Tirur Taluk, Malappuram District as per Document No.5117/2010 of S.R.O., Kuttippuram. It is further stated that after execution of the said document mutation of the property has been changed in the name of the petitioner as per the provisions of the Transfer of Registry Rules and that he is paying land tax. That by virtue of the said document the petitioner had obtained only kanam right over the property and therefore he was constrained to submit an application for the grant of purchase certificate before the respondent-Land Tribunal, Tirur wherein on the basis of which suo motu proceedings as per S.M.No.284 of 2010 was registered by the said Tribunal. That even after the lapse of long time, the Tribunal had not disposed of the matter for issuance of the purchase certificate to the petitioner and that the petitioner had appeared before the Tribunal several times for hearing. The petitioner happened to be absent on 20.12.2017 before the Tribunal and on that ground alone his application was dismissed for default. Thereafter the petitioner had filed Ext.P5 application to restore the proceedings to the file of the respondentTribunal.
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W.P.(C)No.25941 of 2018
With these observations and directions this writ petition (civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
skj
1 issue framed by the court
Whether the order dismissing the suo motu proceedings for default of appearance be set aside and proceedings restored?
Rajesh S/O. Vasu Master
The Land Tribunal, Office of the Special Tahsildar, Tirur
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
