Partly allowed

Thomas Joseph v. the Special Tahsildar (L.R)

Kerala HC10 Oct 2023WP(C)/23909/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the failure of the 2nd respondent to endorse his purchase certificate. The court directed the 2nd respondent to comply with a Government Order and submit the matter for endorsement within one month.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's representation (Ext.P7) in light of Government Order No.106/2023/Taxes and take necessary steps within one month.

Thomas Joseph Vs the Special Tahsildar (L.R) — Property and Title | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945

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WP(C) NO. 23909 OF 2023

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PETITIONER:

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THOMAS JOSEPH
AGED 47 YEARS
PULIKKAPPARAMBIL HOUSE,
MURIYAD VILLAGE, MURIYAD P. O,
THRISSUR DISTRICT, PIN – 680 683.

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BY ADVS.
SAIJO HASSAN
SARITHA K.
AATHIRA SUNNY
RAJALAKSHMI R.

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RESPONDENTS:

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1 THE SPECIAL TAHSILDAR (L.R) MINI CIVIL STATION, OPP. TOWN HALL, CHEMBUKKAVU, THRISSUR, PIN – 680 020.

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2 THE SUB REGISTRAR KALLETTUMKARA P.O, KALLETTUMKARA, THRISSUR, PIN – 680 683.

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3 THE SECRETARY STATE LAND BOARD, THIRUVANANTHAPURAM, PIN – 695 033.

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4 THE INSPECTOR GENERAL OF REGISTRATION VANCHIYOOR, THIRUVANANTHAPURAM, PIN – 695 035.

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5 THE SECRETARY TAXES (J) DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN – 695 001.

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SRI. RIYAL DEVASSY - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C).No.23909 OF 2023

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JUDGMENT

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The grievance of the petitioner is that the 2^nd respondent is not endorsing the purchase certificate issued to him in Book No.1 as per Section 89(5) of the Indian Registration Act, 1908.

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The learned Government Pleader submits that the Government has issued G.O(k) No.106/2023/Taxes dated 05.10.2023 by which the Registering Officers have been authorised to make necessary entries in Book No.1 with regard to purchase certificate and necessary steps will be taken by the 2^nd respondent on Ext.P7, in accordance with the aforesaid Government Order.

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Accordingly, there will be a direction to the 2^nd respondent to consider Ext.P7 in the light of the

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WP(C).No.23909 OF 2023

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Government Order referred to above, as expeditiously

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as possible, at any rate, within a period of one month

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from the date of receipt of a copy of this judgment.

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The writ petition is disposed of with the above

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direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.23909 OF 2023

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APPENDIX

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PETITIONER’S EXHIBITS :-

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EXHIBIT P1TRUE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT IN S.M 1344/2021 BEFORE THE
HON'BLE LAND TRIBUNAL, THRISSUR DATED
10.12.2021.

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EXHIBIT P2TRUE COPY OF THE KRAYA CERTIFICATE
NUMBERED AS L.T 550529 DATED 17.03.2022.
EXHIBIT P3TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
DATED 14.06.2022.
EXHIBIT P4TRUE COPY OF THE CIRCULAR NO. 03/2021
DATED 17.02.2021 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P5TRUE COPY OF THE INTERIM ORDER DATED
06.01.2023.
EXHIBIT P5ATRUE COPY OF THE JUDGMENT IN WPC NO.
21924/2022 DATED 07.06.2023.
EXHIBIT P6TRUE COPY OF THE COMMUNICATION LETTER
ISSUED BY THE 1ST RESPONDENT DATED
15.02.2023.
EXHIBIT P7TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER TO THE 2ND, 4TH AND 5TH
RESPONDENTS DATED 22.06.2023.

¶39

RESPONDENTS EXHIBITS: NIL.

Thomas Joseph v. the Special Tahsildar (L.R)

Case brief

What is this about?

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Thomas Joseph v. the Special Tahsildar (L.R)

Case brief

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What did the court decide?

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