Petitioner sought RTI for a purchase certificate rejected as unavailable. Court directed petitioner to apply for a copy under a State Landlord Circular, requiring the respondent to process it within six months.
Petitioner directed to submit a copy application to the 2nd respondent within 10 days; respondent to process and finalize within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945 WP(C) NO. 12031 OF 2023
PETITIONER:
FATHIMA AGED 52 YEARS UTHUNGANAKATH MALIYEKKAL, D/O. KUNNADU HAJI, 'THUFAIL MANZIL', THAVANUR P.O., MUDUR AMSOM, MELMURI DESOM, PONNANI TALUK, MALAPPURAM DISTRICT, KERALA., PIN - 679573 BY ADVS. M.R.DHANIL ABDUL HAFILU MUSLIYAR KALATHINGAL SENITTA P. JOJO
RESPONDENTS:
1 THE TAHASILDAR (L.R.) THRISSUR TALUK, THRISSUR DISTRICT, KERALA., PIN - 680020 2 THE DEPUTY COLLECTOR (L.R.) AND LAND TRIBUNAL THRISSUR COLLECTORATE, THRISSUR DISTRICT, KERALA., PIN - 680030 3 THE SPECIAL TAHASILDAR LAND TRIBUNAL, THRISSUR TALUK OFFICE, THRISSUR, THRISSUR DISTRICT, KERALA., PIN - 680020
OTHER PRESENT:
GP -RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). No.12031 of 2023
: 2 :
VIJU ABRAHAM, J.
JUDGMENT
The petitioner has approached this Court seeking a direction to the 2nd respondent to issue a copy of the purchase certificate bearing No.1939/1975, mentioned in Ext.P1 deed. The request made by the petitioner under the Right to Information Act has been rejected as per Ext.P2, wherein it is reported that the file relating to the said purchase certificate is not available in the office.
W.P.(C). No.12031 of 2023
: 3 :
petitioner shall make necessary copy application before the 2nd respondent in this regard within a period of 10 days from the date of receipt of a copy of this judgment and on receipt of the same, the 2nd respondent shall take further steps as mandated in the circular referred to above dated 19.06.2023, and finalise the same within a period of six months, thereafter.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM JUDGE
sm/
W.P.(C). No.12031 of 2023 : 4 :
APPENDIX OF WP(C) 12031/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF PARTITION DEED NO. 5059/1982 OF THRISSUR SRO DATED 20/12/1982. Exhibit P2 TRUE COPY OF THE REPLY DATED 18/10/2022 FROM THE COLLECTORATE THRISSUR.
2 issues framed by the court
Whether to grant direction to the 2nd respondent to issue a copy of the purchase certificate bearing No.1939/1975 mentioned in Ext.P1 deed after its initial rejection under RTI.
How the Court should proceed given the respondent team could not trace the missing file despite re-constitution after the writ petition.
1 provisions across 1 enactments
FATHIMA AGED 52 YEARS UTHUNGANAKATH MALIYEKKAL, D/O. KUNNADU HAJI
THE TAHASILDAR (L.R.) THRISSUR TALUK
THE DEPUTY COLLECTOR (L.R.) AND LAND TRIBUNAL THRISSUR COLLECTORATE
THE SPECIAL TAHASILDAR LAND TRIBUNAL
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
