Lakshmi v. Special Tahsildar (Lr) Ottapalam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 7662 of 2015 (G) --------------------------- PETITIONER :

--------------------- LAKSHMI, W/O.LATE VASU, 70 YEARS KUNNATH HOUSE, GANDHI SEVA SADANAM POST LAKKIDI PERUR II VILLAGE, OTTAPALAM TALUK.

BY ADV. SRI.R.SREEHARI RESPONDENTS :

--------------------------

1. THE SPECIAL TAHSILDAR (LAND REFORMS), OFFICE OF THE SPECIAL TAHSILDAR (LR) OTTAPALAM-679101.

2. VILLAGE OFFICER, LAKKIDI PERUR II VILLAGE, LAKKIDI POST, PIN-679301 OTTAPALAM TALUK.

R1 & R2 BY GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 7662 of 2015 (G) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1 PHOTOCOPY OF BASIC TAX REGISTER IN RESPECT OF THE PETITIONER'S PROPERTY ISSUED BY THE 2ND RESPONDENT. EXT.P2 PHOTOCOPY OF BASIC TAX RECEIPT DT.23-01-2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P3 PHOTOCOPY OF REPORT OF THE 2ND RESPONDENT DT.16-01-2015. EXT.P4 PHOTOCOPY OF JUDGMENT IN WP(C).NO.1561/2013 DT.16-1-2013 OF THIS HON'BLE COURT.

EXT.P5 PHOTOCOPY OF JUDGMENT IN WP(C).NO.4303/2015 DT.11-2-2015 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 7662 of 2015 ------------------------------------------- Dated this the 11th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers :

"(a) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to consider the Petitioner's Application for issuance of Purchase Certificate in SM No.512/2015 considering Exhibit P3 report and to pass orders within a specified period; (b) Grant such other reliefs as this Honourable Cour may deem fit and proper in the facts and circumstances of the case."

2.

The petitioner's husband is the owner of the property having an extent of 0.1052 Hectares in Old Survey No.87/5 Pt (ReSurvey No.475/6) of Lakkidi Perur II Village. After the death of the petitioner's husband, the petitioner along with her children became the owners of property. Petitioner is aggrieved of pendency of SM.No.512 of 2015 (in respect of the above properties) before the 1st respondent/Special Tahasildar (Land Reforms), Ottapalam. Hence this writ petition. The limited prayer pressed before this Court is for issuance of a direction to the

WP(c). No.7662 of 2015 concerned respondent to consider and finalise the pending proceedings at the earliest.

3.

Heard the learned Government Pleader as well. 4.

Considering the limited nature of the relief sought for, this Court does not find it necessary to adjudicate the issue on merits. The writ petition is disposed of, directing the 1st respondent/Special Tahasildar (Land Reforms), Ottapalam, to consider and finalise the SM proceedings 512/2015, in accordance with law, at the earliest, any rate, within 'six months' from the date of receipt of a copy of the judgment.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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