High Court of KeralaWP(C)/6670/2015disposed of

Jameela v. The Deputy Collector (Land Reforms)

2015-07-07Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 W.P.(C).No.6670 of 2015 (G) ------------------------------------------------ PETITIONER(S):

-------------------------- JAMEELA, AGED 46 YEARS, W/O. ABDUL AZEEZ, PALLIPURATH HOUSE, PUTHIRIKKAL, PARAPPANANGADI P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS.

RESPONDENT(S):- ----------------------------

1. THE DEPUTY COLLECTOR (LAND REFORMS), COLLECTORATE, MALAPPURAM - 676 505.

2. THE VILLAGE OFFICER, THRIKKANDIYUR VILLAGE, TIRUR P.O., MALAPPURAM - 676 101.

R1 & R2 BY GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.6670 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXHIBIT-P1- TRUE COPY OF THE APPLICATION FOR PURCHASE CERTIFICATE IN O.A 12271/1976.

EXHIBIT-P2- TRUE COPY OF THE ORDER DATED 20/01/1997 IN O.A 12271/1976.

EXHIBIT-P3- TRUE COPY OF THE LETTER DATED 26/12/2014 ISSUED BY THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL.

Vku/- [ true copy ]

K. Vinod Chandran, J --------------------------------------- W.P.(C).No.6670 of 2015-G --------------------------------------- Dated this the 07th day of July, 2015

JUDGMENT

The petitioner is the owner of 9.83 cents of land, comprised in Re-survey No.311/1 of Thrikkandiyur Village in Tirur Taluk. The petitioner admittedly purchased the same from a person who obtained title by virtue of Exhibit P2 order of the Land Tribunal, Malappuram. Exhibit P2 order is one passed in O.A.No.12271 of 1976 dated 20.01.1977. The petitioner purchased the property in 2009.

2. It is submitted that the Purchase Certificate issued to the predecessor-in-interest is missing. It is, hence, the petitioner applied for a certified copy. However, the same was not considered. The petitioner, then, approached the Public Information Officer under the Right to Information Act, 2005. The same was replied by Exhibit P3, in which it is indicated that the file with respect to O.A.No.12271 of 1976 is available with the Land Tribunal; but, however, the copy of the Purchase Certificate is not seen in the file.

WP(C).No.6670 of 2015 - 2 -

3. In the light of the above, what is required by the Land Tribunal is to issue a certified copy of the Purchase Certificate in accordance with Exhibit P2. If the petitioner makes such an application before the 1st respondent, then the same shall be done within two months from the date of such application. The writ petition is disposed of as above. No costs. Sd/- K.Vinod Chandran Judge.

vku/- [ true copy ]