Ummer Haji v. Deputy Collector (Land Reforms), Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 WP(C).No. 9654 of 2015 (F) ----------------------------------------- PETITIONER(S) :

-------------------------- UMMER HAJI AGED 47 YEARS S/O. ABDUL KHADAR HAJI, CHALIYATHODI HOUSE THACHINGANDAM P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.U.K.DEVIDAS SMT.P.M.SHAHIDA RESPONDENT(S) :

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

1. DEPUTY COLLECTOR (LAND REFORMS) COLLECTORATE, MALAPPURAM DISTRICT-676505.

2. THE VILLAGE OFFICER MELATTUR VILLAGE, MELATTUR P.O.

MALAPPURAM DISTRICT-679326.

BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 9654 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE SUOMOTO REPORT DATED 03-03-2015 SUBMITTED TO THE FIRST RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE CERTIFICATE DATED 20-03-2015 ISSUED BY THE FIRST RESPONDENT.

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

Msd.

DAMA SESHADRI NAIDU, J.

--------------------------------------- ---------------------------------------- Dated this the 26th day of March, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, the petitioner, who is said to be the owner of 4 cents of land comprised in Re-Survey No.351/1, Melattur Village, Perinthalmanna Taluk, submitted an application to the second respondent for obtaining purchase certificate for the property in question. Having received the application from the petitioner, the second respondent prepared suo motu report and forwarded the same to the first respondent. Questioning the delay on the part of the first respondent in considering his claim and issuing

purchase certificate, the petitioner has filed the present writ petition.

3. The learned Government Pleader has submitted that there have been large number of petitions pending before the authority seeking purchase certificates and that it inevitably takes some time before the petitioner's application could be considered.

4. Both the learned counsel have been in unison in their submission that the process takes four to six months. To be more specific, it is the contention of the learned Government Pleader that insofar as the applications pertaining to the present year are concerned, they cab be considered within six months time.

5. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the first respondent to consider the claim of the petitioner in accordance with law, and pass appropriate orders thereon as expeditiously as possible, at

any rate, within a period of six months from the date of receipt of a copy of this judgment.

With the above observation, this writ petition is disposed of.

DAMA SESHADRI NAIDU JUDGE DMR/-