Disposed

M.Radhakrishnan Nair v. the State of Kerala

Kerala HC2 Apr 2018WP(C)/8196/2018

Case brief

AI extract

What is this about?

This order disposes of a writ petition filed by a petitioner seeking a copy of a Pattayam issued by the Land Tribunal. The Court, noting unavailability of records, directed the Land Tribunal to find records, reconstruct the file if possible, or issue a certificate evidencing the Patta issuance within one month.

What did the court decide?

The petitioner was directed to produce a certified copy of the judgment before the Land Tribunal, Vadakara, for them to issue a certificate evidencing the issuance of Pattayam.

M.Radhakrishnan Nair Vs the State of Kerala — RTI and Transparency | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

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WP(C).No. 8196 of 2018

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----------------------

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PETITIONER :

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M.RADHAKRISHNAN NAIR AGED 72 YEARS, S/O.RAGHAVAN NAIR, KUMBALATHU HOUSE, VYDYARANGADI P.O, RAMANATTUKARA, KOZHIKODE-673633.

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BY ADV.SMT.T.B.REMANI

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RESPONDENTS :

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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695039.

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2. THE CHIEF INFORMATION COMMISSIONER STATE INFORMATION COMMISSION, KERALA, PUNNAN ROAD, THIRUVANANTHAPURAM-695039

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3. THE DISTRICT COLLECTOR KOZHIKODE - 673020.

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4. THE DEPUTY COLLECTOR (LR) COLLECTORATE, KOZHIKODE-673020.

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5. THE STATE PUBLIC INFORMATION OFFICER AND JUNIOR SUPERINTENDENT (L SECTION) COLLECTORATE, KOZHIKODE-673020.

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BY SENIOR GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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04/4/2018

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WP(C).No. 8196 of 2018 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1002/78 DATED 29/3/1978 OF THE SUB REGISTRAR'S OFFICE FEROK. EXHIBIT P2 TRUE COPY OF THE PARTITION DEED DATED 18/10/78. EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 15/4/2017. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 18/01/2016 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 4/2/2016 SUBMITTED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE REPLY DATED 26/4/2016 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 1/6/2016 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE REPORT SUBMITTED BY 5TH RESPONDENT DATED 29/11/2016 EXHIBIT P9 TRUE COPY OF THE REPORT SUBMITTED BY 4TH RESPONDENT DATED 30/11/2016. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20/7/2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P11 TRUE COPY OF THE LETTER DATED 8/11/2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P12 TRUE COPY OF THE LETTER DATED 13/11/2017 ISSUED ON BEHALF OF THE 3RD RESPONDENT BY THE 4TH RESPONDENT. EXHIBIT P13 TRUE COPY OF THE REPLY DATED 27/12/2017 ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P14 TRUE COPY OF THE REMINDER DATED 22/01/2018 SENT BY THE PETITIONER TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A.TO JUDGE

bp 04/4/2018

A. MUHAMMED MUSTAQUE, J.

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W.P.(C) No. 8196 of 2018

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- - - - Dated this the 2^nd day of April, 2018

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JUDGMENT

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The petitioner has approached this Court seeking

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following reliefs :

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“i) To issue a writ of certiorari or other appropriate writ order or direction to quash Ext.P13 to the extent the 4^th respondent denied to issue fresh Pattayam to the petitioner's property, especially when the 4^th respondent could not find out the file relating to Pattayam issued by Land Tribunal, Vadakara as OA 19331/75 in respect of petitioner's property and to issue a copy of the said pattayam to the petitioner so far.

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ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1,3 and 4 to issue to the petitioner a copy of Pattayam issued as OA 19331/75 from land Tribunal Vadakara in respect of petitioner's property or in the alternative to issue fresh Pattayam in respect of the petitioner's property obtained by him as per Ext.P1 and P2 forthwith.

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iii) To pass such other orders that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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The learned Government Pleader on instructions

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submits that records are not available and no certified copy of the purchase certificate can be issued to him. Petitioner

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submits that he would be satisfied if he is issued with the

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W.P.(C) No. 8196 of 2018

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-:2:-

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Certificarte evidencing issuance of Patta by the Land Tribunal, Vadakara in O.A. No.331/75. If that be so, following directions are issued.

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The Land Tribunal, Vadakara shall make all efforts to find out the records. If not possible, it shall make an attempt to reconstruct a new file. If that is also not possible, then certainly a certificate shall be issued to the petitioner evidencing issuance of Patta in the above said proceedings (O.A. No.331/75). Needful shall be done within one month from the date of production of a certified copy of this judgment.

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Petitioner is directed to produce a certified copy of this judgment before the Land Tribunal, Vadakara for necessary action.

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The Writ Petition is disposed of as above.

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A. MUHAMMED MUSTAQUE, JUDGE

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ttb/03.04.

M.Radhakrishnan Nair v. the State of Kerala

Case brief

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M.Radhakrishnan Nair v. the State of Kerala

Case brief

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