Shaji v. The Special Tahsildar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No.9030 of 2015 (C) ------------------------------------- PETITIONER'S:

--------------------- 1.

SHAJI,S/O.HAMSA,AGED 34 YEARS, THANTHANTHODI,IRIMBILIYAM POST, VALIYAKUNNU,TIRUR TALUK,MALAPPURAM DISTRICT.

2.

MUHAMMED ANSAR,S/O.MUHAMMED KUTTY HAJI, AGED 30 YEARS,ANAMOOLIPARAMBIL, THIRUVEGAPURA POST,PATTAMBI TALUK, PALAKKAD DISTRICT.

BY ADV.SRI.R.SREEHARI RESPONDENT'S:

------------------------- 1.

THE SPECIAL TAHSILDAR (LAND REFORMS), OFFICE OF THE SPECIAL TAHSILDAR (LR), OTTAPALAM-679 101.

2.

THE VILLAGE OFFICER,VILAYUR,VILAYUR POST, PATTAMBI TALUK,PIN-679 309.

BY GOVT. PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9030 of 2015 (C) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------ EXT P1:PHOTO COPY OF BASIC TAX RECEIPT DT. 04-11-2014 ISSUED BY THE 2ND RESPONDENT.

EXT P2:PHOTO COPY OF POSSESSION CERTIFICATE DT. 03-03-2015 ISSUED BY THE 2ND RESPONDENT.

EXT P3:PHOTO COPY OF REPORT DT. 23-01-2015 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

EXT P4:PHOTO COPY OF JUDGMENT IN WPC.NO.4602/2015 DATED 13-02-2015 OF THIS HON'BLE COURT.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.9030 of 2015 --------------------------------------- Dated this the 23rd day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"(1) Issue a Writ of Mandamus or other appropriate Writ, Order or direction, directing the first respondent to consider the Petitioners' Application for issuance of Purchase Certificate pending consideration as SM 209/2015 and to pass orders within a specified period after completing the procedural formalities;

b) Grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case."

2. The petitioners are in joint possession of 0.0769 hectares of property comprised in Re-Survey No.292/4 of Vilayur Village. The petitioners' contention is that, the respondents have initiated 'suo motu' proceedings as SM No.209/2015 in respect of the aforesaid property and that no final decision has been taken so far. It is stated that, the petitioners will be satisfied, if a direction is given to the first respondent to have it considered and finalised

W.P.(C) No.9030 of 2015 within a reasonable time. disposal of the matter, but the same has not turned to be fruitful.

3. Heard the learned Government Pleader as well.

4. After hearing both the sides, the writ petition is disposed of, directing the first respondent to finalise the 'suo motu proceedings' against the petitioners' property, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at the earliest, at any rate, within 'six months' from the date of receipt of a copy of this judgment.

Petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the concerned respondent, for further steps.

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