The High Court directed the Secretary of Palakkad Municipality to consider the petitioner's application for an NOC for a purchase certificate within one month, observing that a prior NOC for a larger extent precluded any impediment for the smaller portion requested.
Direction to the 1st respondent to consider the Ext. P8 application for NOC within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
WP(C) NO. 18017 OF 2023
PETITIONER:
KAMARUDHEEN
AGED 63 YEARS
S/O BABU @ MOOSA, POOKKARATHOTTAM, OLAVAKKODE, PALAKKAD
DISTRICT, PIN - ., PIN - 678002
BY ADVS.
RAJESH SIVARAMANKUTTY
VIJINA K.
ARUL MURALIDHARAN
RESPONDENTS:
1 THE SECRETARY PALAKKAD MUNICIPALITY, OFFICE OF THE SECRETARY, PALAKKAD MUNCIPAL OFFICE, PALAKKAD,, PIN - 6780012 PALAKKAD MUNICIPALITY MUNICIPAL OFFICE, PALAKKAD, REP. BY ITS SECRETARY, PALAKKAD, PIN - 6780013 THE SPECIAL TAHSILDAR (LR) OFFICE OF THE SPECIAL TAHSILDAR (LR), PALAKKAD,, PIN - 6780014THE SPECIAL TAHSILDAR
LAND TRIBUNAL , PALAKKAD, OFFICE OF THE LAND TRIBUNAL
PALAKKAD DISTRICT, PIN -, PIN - 678001
5THE VILLAGE OFFICER
PALAKKAD -III VILLAGE, PALAKKAD, PIN - ., PIN - 678001
BY ADV BINOY VASUDEVAN - SC
SRI. RIYAL DEVASSY – GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 18017 OF 2023
J UDGMENT
The petitioner has submitted Ext. P8 application before the 1st respondent for issuance of NOC for applying for purchase certificate in respect of the property covered by Ext. P1. The grievance of the petitioner is that no orders have been passed on Ext. P8.
and the learned Government Pleader.
submits that though the donor of Ext. P1 has been granted NOC in respect of a larger extent of land, the request of the petitioner is for a lesser extent.
Ext. P1 in respect of a larger extent, there cannot be
WP(C) NO. 18017 OF 2023
3
any impediment in granting NOC to the petitioner for a smaller extent which formed part of Ext. P1.
Accordingly, there will be a direction to the 1st respondent to consider Ext. P8 application for NOC, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment, in the light of the observation made above and if the application is otherwise in order.
The writ petition is disposed of.
Sd/MURALI PURUSHOTHAMAN JUDGE
bnu
WP(C) NO. 18017 OF 2023
4
APPENDIX
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE REGISTERED GIFT DEED NO.
2632/2021 OF SRO, PALAKKAD DATED 30-6-
2021 EXECUTED IN FAVOUR OF PETITIONER BY
AYISHUMMA
Exhibit P2TRUE COPY OF THE TAX RECEIPT DATED 16-8-
2021 ISSUED IN FAVOUR OF PETITIONER BY
THE OFFICE OF 5TH RESPONDENT.
Exhibit P3TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 16- 8-2021 ISSUED TO THE PETITIONER
FROM THE OFFICE OF THE 5TH RESPONDENT
Exhibit P4TRUE COPY OF THE RELATIONSHIP CERTIFICATE
DATED 25-4-2023 REVEALING PETITIONER TO
BE THE NEPHEW OF AYISHUMMA ISSUED BY THE
5TH RESPONDENT TO PETITIONER
Exhibit P5TRUE COPY OF THE NOTICE NO. E6-38911/13
DATED 12-11-2018 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P6TRUE COPY OF THE FORM E IN SM NO.
1241/2015 WITH HEARING ON 23-1-2020
ISSUED FROM THE OFFICE OF THE 4TH
RESPONDENT.
Exhibit P7TRUE COPY OF THE DEATH CERTIFICATE OF
AFORESAID AYISHUMMA ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS OF
PALAKKAD MUNICIPALITY DATED 9-2-2022.
Exhibit P8TRUE COPY OF THE PETITION DATED 25-4-2023
SUBMITTED BY THE PETITIONER BEFORE THE 1
ST RESPONDENT
1 issue framed by the court
Whether the petitioner is entitled to obtain an NOC for a purchase certificate for a smaller extent of land which formed part of a larger extent for which an NOC had already been granted to the donor.
KAMARUDHEEN
THE SECRETARY PALAKKAD MUNICIPALITY
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court