In this writ petition, the petitioner sought a direction for the Land Tribunal to consider his representation for issuance of a purchase certificate. The court directed the 1st respondent to consider the representation within 12 months.
Direction to the 1st respondent to consider the petitioner's representation (Ex.P9) within 12 months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
WP(C) NO.16895 OF 2023
PETITIONER:
ABDUL JABBAR P., AGED 61 YEARS
S/O.SAINUDHEEN, PENGATTIRIPARAMBIL HOUSE,
NELLAYA P.O., PALAKKAD DISTRICT, PIN - 679335
BY ADV.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE LAND TRIBUNAL, OTTAPPALAM, OFFICE OF THE TAHSILDAR (LR), OTTAPPALAM P.O., PALAKKAD DISTRICT, PIN - 6791012 THE TAHASILDAR (LR), OTTAPPALAM, TALUK OFFICE, OTTAPPALAM P.O., PALAKKAD DISTRICT, PIN - 6791013 THE VILLAGE OFFICER, NELLAYA VILLAGE OFFICE, NELLAYA P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN - 679335BY SRI.RIYAL DEVASSY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.16895 OF 2023
2
JUDGMENT
ThepetitionerhassubmittedExt.P9
representation before the Tahsildar [Land
Reforms], the 2nd respondent herein, to initiate
suo motu proceedings for issuance of purchase
certificate to him in respect of the property
covered by Exts.P1,P7 & P8. The prayer of the
petitioner is for a direction to the 2nd respondent
to consider Ext.P9 representation.
2. Heard the learned counsel for the
petitioner as well as the learned Government
Pleader appearing for the respondents.
3. The learned Government Pleader submits that
the suo motu proceedings have to be initiated by
the 1st respondent, the Land Tribunal.
4. In the facts and circumstances of the case
WP(C) NO.16895 OF 2023 3
and in the light of the submissions made across
the Bar, there will be a direction to the
1st respondent to consider Ext.P9 representation of
the petitioner as expeditiously as possible, at
any rate, within a period of 12 months from the
date of receipt of a certified copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/12/10/2023
WP(C) NO.16895 OF 2023
4
APPENDIX
PETITIONER'S EXHIBITS :-
EXHIBIT P1COPY OF THE BASIC TAX RECEIPT ISSUED BY
NELLAYA VILLAGE OFFICE DATED 03.11.1981
EXHIBIT P2COPY OF PROPERTY TAX ISSUED BY NELLAYA
GRAMA PANCHAYATH DATED 31.03.1999
EXHIBIT P3COPY OF PROPERTY TAX ISSUED BY NELLAYA
GRAMA PANCHAYATH 29.03.1995
EXHIBIT P4COPY OF THE PROPERTY TAX ISSUED BY
NELLAYAGRAMAPANCHAYATHDATED
17.12.1992
EXHIBIT P5COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 28.06.2022
EXHIBIT P6COPY OF THE JUDGMENT IN W.P.
(C).NO.22840/2022 OF THIS HON'BLE COURT
DATED 10.08.2022
EXHIBIT P7COPY OF THE BASIC TAX RECEIPT ISSUED BY
THE 3RD RESPONDENT DATED 15.2.2023
EXHIBIT P8COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT DATED
25.03.2023
EXHIBIT P9COPY OF THE REPRESENTATION SUBMITTED BY
THEPETITIONERBEFORETHE2ND
RESPONDENT DATED 29.03.2023
EXHIBIT P10COPY OF THE REPORT PREPARED BY THE 3RD
RESPONDENT DATED 24.03.2023
EXHIBIT P11COPY OF THE CERTIFICATE ISSUED BY THE
3RD RESPONDENT DATED 24.03.2023
2 issues framed by the court
Whether the 2nd respondent is correct in not initiating suo motu proceedings for issuance of purchase certificate upon petitioner's representation.
Whether the petitioner's representation Evidence P9 should be considered by the Land Tribunal within 12 months.
ABDUL JABBAR P.
THE LAND TRIBUNAL, OTTAPPALAM
THE TAHASILDAR (LR), OTTAPPALAM
THE VILLAGE OFFICER, NELLAYA VILLAGE OFFICE
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court