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Muneer Abdunazir v. State of Kerala

Kerala HC30 Nov 2022WP(C)/11376/2020

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What is this about?

This writ petition seeks directions to obtain certified copies of Land Tribunal files and a purchase certificate. The High Court directed the Special Tahsildar to trace or reconstruct the file and issue copies within three months upon payment of charges.

What did the court decide?

Direction to the 3rd respondent to trace/reconstruct file O.A.No.2193/1976 and issue certified copies within three months upon payment of charges.

Muneer Abdunazir Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2022)

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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 T.R.RAVI

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WEDNESDAY, THE 30^TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944

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WP(C) NO. 11376 OF 2020

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PETITIONER:

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MUNEER ABDUNAZIR AGED 60 YEARS S/O. MUHAMMED, PARAKKAL HOUSE, CHOMERI, MANNARKKAD P.O., PALAKKAD DISTRICT-678 582

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BY ADVS. SRI K.MOHANAKANNAN SMT.A.R.PRAVITHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 LAND TRIBUNAL, OTTAPALAM, PALAKKAD DISTRICT-679 101

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3 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001

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4 THE SPECIAL TAHSILDAR (LR), OTTAPALAM, PALAKKAD DISTRICT-679 101 BY SMT. DEEPA .V., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.11376/2020

T.R. RAVI, J.

-------------------------------------------- W.P.(C)No.11376 of 2020

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Dated this the 30^th day of November, 2022

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JUDGMENT

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The petitioner is the co-owner of 11.33 Ares of property in Sy.No.70/1/214 of Mannarkkad-1 Village, Mannarkkad Taluk in Palakkad District covered by Exts.P1 and P2 documents. The petitioner has filed Ext.P3 application before the 2 nd respondent to issue certified copy of purchase certificate issued to the predecessorin-interest of the petitioner. The same was turned down stating that records relating to purchase certificate could not be traced out. The petitioner has thereafter filed Ext.P5 representation before the State Land Board and a copy of Ext.P5 (Ext.P6) before the 3 rd respondent for getting copies of the same. The prayer in this writ petition is for a direction to the 3 rd respondent to issue a certified copy of the files relating to O.A.No.2193/1976 of Land Tribunal, Mannarkkad and a copy of the purchase certificate issued thereon within a time limit to be fixed by this Court; to direct the 2 nd respondent to issue certified copy of the files relating to O.A.No.2193/1976 of Land Tribunal, Mannarkkad and a copy of the purchase certificate issued thereon within a time limit to be fixed by this Court; to direct the 3 rd

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W.P.(C)No.11376/2020

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respondent to consider Ext.P6 representation and pass appropriate orders on the same and for other consequential reliefs.

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3 . The petitioner relies on the judgment of this Court in W.P. (C)No.1125 of 2013 wherein a similar issue was considered. The Government Pleader on instructions submits that the fact situation is similar to that which is obtained in W.P.(C)No.1125 of 2013.

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4 . I do not find any reason to take a different view than what

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was taken in W.P.(C)No.1125 of 2013. There will hence be a direction to the 3 rd respondent to consider Ext.P6 representation and retrieve/trace out the concerned file forthwith and if the same is not possible, to reconstruct the file and issue certified copy of the files relating to O.A.No.2193/1976 of Land Tribunal, Mannarkkad and a copy of the purchase certificate to the petitioner, on satisfaction of the requirements in accordance with the relevant Rules and on the petitioner remitting the required charges, if any payable. The proceedings shall be finalised at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

Sd/-

T.R. RAVI

JUDGE

dsn

W.P.(C)No.11376/2020

APPENDIX OF WP(C) 11376/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE THANDAPER ACCOUNT OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, MANNARKKAD-1 VILLAGE DATED 18.1.2020
EXHIBIT P2	TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.1.2020
EXHIBIT P3	TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4	TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 23.3.2020
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE STATE LAND BOARD DATED 15.5.2020
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 16.5.2020
Exhibit P7	TRUE COPY OF THE THANDAPER ACCOUNT OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, MANNARKKAD -1 VILLAGE DATED 18.1.2020.
Exhibit P8	TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.1.2020.

Muneer Abdunazir v. State of Kerala

Case brief

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Muneer Abdunazir v. State of Kerala

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