Disposed

Muraleedharan v. State of Kerala

Kerala HC12 Feb 2019WP(C)/4176/2019

Case brief

AI extract

What is this about?

The Court directed the Tahasildar to make sincere efforts to trace the missing original patta file within three months. If traceable, a duplicate will be issued; if not, the file must be reconstructed and a duplicate issued within four months.

What did the court decide?

Direct the 3rd respondent to trace the missing file within three months or reconstruct it and issue a duplicate patta within four months from production of certified copy of judgment.

Muraleedharan Vs State of Kerala — Landlord and Tenant | Kerala HC (2019)

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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 ALEXANDER THOMAS

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TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940

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WP(C).No. 4176 of 2019

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PETITIONER:

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1 MURALEEDHARAN AGED 45 YEARS S/O.LATE AYYAPPAN KUTTY, KALLANCHERYPARAMBU HOUSE, HARIJAN COLONY, MUPPATHADAM KARA, KADUNGALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM683110.

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2 GIREESH KUMAR AGED 48 YEARS S/O.LATE AYYAPPAN KUTTY, KALLANCHERYPARAMBU HOUSE, HARIJAN COLONY, MUPPATHADAM KARA, KADUNGALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM683110.

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BY ADV. SRI.P.B.AJOY

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, 4TH FLOOR, SOUTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE BUILDING, KAKKANAD, ERNAKULAM-682030.

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3 THE TAHASILDAR, PARAVUR TALUK, TALUK OFFICE, NORTH PARAVUR, ERNAKULAM-683513.

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WP(C).No. 4176 of 2019

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4 THE VILLAGE OFFICER, VILLAGE OFFICE, KADUNGALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM-683110.

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OTHER PRESENT:

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SMT.PRIYA SHANAVAS, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4176 of 2019

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ALEXANDER THOMAS, J.

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===========================

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W.P(C)No.4176 of 2019

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===========================

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Dated this the 12^th day of February, 2019

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as follows:

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“ (a) Issue a writ of Mandamus or order directing the 3^rd respondent to issue a duplicate patta to the petitioners within a time frame fixed by this Honourable Court.

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(b) Issue a writ of Mandamus or order directing the respondents to reconstruct the file relating to the issue of patta to the father of the petitioners.

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(c) Issue such other orders as this Honourable Court may consider necessary in the facts and circumstances of the case.

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(d) award the cost of this petition to the petitioners.”

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2. Heard Sri.P.B.Ajoy, learned counsel appearing for the

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petitioners and Smt.Priya Shanavas, learned Government Pleader

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appearing for the respondents.

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According to the petitioners their father was the owner

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WP(C).No. 4176 of 2019

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in possession of 2.02 ares (5 cents) of landed property comprised in Survey No.185/5-13 of Kadungalloor Village, North Paravur Taluk, Ernakulam Revenue District and the said property is duly allotted Tandaperu No.4285 by the 4^th respondent-Village Officer, Kadungalloor. The petitioners' father's title was based on 'patta' issued by the respondent authorities concerned and he has constructed a house in the said property. The property has been duly mutated in his name and the basic land tax has also been paid by him as evident from Ext. P1. When the petitioners' father had found that the original 'Patta' was lost, he had submitted Ext.P2 application on 20.03.2017 before the 3^rd respondent -Tahasildar for issue of duplicate 'patta' as per the rules. But the same was not issued on the ground that the file concerned relating to the granted 'patta' was missing. Later the petitioner's father died. It is stated that the petitioners herein are the only surviving legal heirs of their father. Ext P4 is the death certificate and the Ext.P5 is the relationship certificate.

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The petitioners have made repeated request to the

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WP(C).No. 4176 of 2019

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respondents to issue the duplicate 'patta' or else the petitioners will be put to great difficulties and hardships. Petitioners have placed reliance on Ext.P6 judgment dated 04.09.2013, rendered by this Court in W.P.(C) No. 1125/2013 as well as Ext.P7 judgment dated 27.10.2015 rendered by this Court in W.P.(C) No. 32426/2015, wherein in these identical cases, this Court has directed the competent authority concerned to take immediate steps to trace out the missing file of the original 'patta' and to issue the copy of the same.

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In the light of these aspects, it is ordered that as Ext.P2 application has been preferred by the petitioners' father, who is now no more, the petitioners will make a proper application before the 3^rd respondent for issuance of duplicate 'patta' along with a certified copy of this judgment. Thereupon, the 3^rd respondent will ensure that sincere efforts should be taken to immediately trace out the missing file within three months and if traced, a certified copy /authenticated copy/duplicate copy of the 'patta' should be issued to the petitioners.

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WP(C).No. 4176 of 2019

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On the other hand, if the original missing files are not traceable then the 3^rd respondent will reconstruct the file and issue the duplicate of the 'patta' to the petitioner. The entire proceedings in this regard should be duly completed by the 3^rd respondent without much delay, preferably within a period of four months from the date production of a certified copy of this judgment.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

SD/-

ALEXANDER THOMAS

JUDGE

SJ 12.02.2019

WP(C).No. 4176 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.5862698 DATED 12.5.2017.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 20.3.2017 SUBMITTED BY THE PETITIONERS' FATHER TO THE 3RD RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25.7.2017 AND BEARING NO.B1-5192/17/K DIS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS' FATHER.

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EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE OF AYYAPPANKUTTY BEARING NO.D002019110802267 AND DATED 27.2.2017 ISSUED BY THE KALAMASSERY MUNICIPALITY.

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EXHIBIT P5 TRUE COPY OF THE RELATIONSHIP CERTIFICATE BEARING NO.1719/2018 AND DATED 6.8.2018 OF AYYAPPANKUTTY ISSUED BY 4TH RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WPC.NO.1125/2013 DATED 4.9.2013.

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WPC.NO.32426/2015 DATED 27.10.2015.

Muraleedharan v. State of Kerala

Case brief

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Muraleedharan v. State of Kerala

Case brief

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