P.C.Narayanan v. The District The Special Tahasildar (Land Reforms)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 29537 of 2012 (N) ---------------------------- PETITIONER -------------------------- P.C.NARAYANAN, AGED 65 YEARS S/O.CHAMI, PALLATHUVEEDU, EDAKKOD ELAPULLY, PALAKKAD.
BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S):
----------------------------
1. THE SPECIAL TAHASILDAR (LAND REFORMS), PALAKKAD, PIN - 678 001.
2. THE VILLAGE OFFICER, ELAPULLY, PALAKKAD DISTRICT, PIN - 678 007.
R1-R2 BY ADV. GOVERNMENT PLEADER SRI NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1302-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29537 of 2012 (N) ---------------------------- APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1.
TRUE COPY OF THE PARTITION DEED NO.3226/1972 OF THE S.R.O.PALAKKAD.
EXHIBIT P2.
TRUE COPY OF BASIC TAX PAID RECEIPT DATED 09.02.2012 ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P3.
TRUE COPY OF THE ORDER DATRED 24.01.1976 OF THE LAND TRIBUNAL NO.IV, KOLLENGODE.
EXHIBIT P4.
TRUE COPY OF THE NOTICE ISSUED BY THE KOLLENGODE NO.II LAND TRIBUNAL.
EXHIBIT P5.
TRUE COPY OF THE CERTIFICATE DATED 16.06.1997 ISSUED BY THE SPECIAL TAHASILDAR, (LAND REFORMS), KOLLENGODE.
EXHIBIT P6.
TRUE COPY OF THE ORDER DATED 17.10.2012 ISSUED BY THE SPECIAL TAHASILDAR, (LAND REFORMS), PALAKKAD.
RESPONDENTS' EXHIBITS NIL TRUE COPY P.A TO JUDGE SMM
A.V.RAMAKRISHNA PILLAI,J ................................................. . W.P.C. No.29537 of 2012 .............................................. Dated this the 13th day of February,2015.
J U D G M E N T
Aggrieved by the non issuance of a Purchase Certificate by the respondent, the petitioner has come up before this Court. The petitioner alleges that he is the absolute owner in possession of the property allotted to him by Exhibit P1. There is no disputes as regards the title or possession. The petitioner needs a Purchase Certificate to perfect his title. The petitioner relies on Ext.P3 order of the Land Tribunal which makes it clear that the petitioner is entitled to a Purchase Certificate.
2. The case of the petitioner is further supported by Ext.P4 notice and Ext.P5 certificate for the Purchase Certificate. Today, when the matter came up for hearing the Learned Government Pleader submitted that the Purchase Certificate was not issued to the petitioner as the original of the Purchase Certificate was missing from
W.P.C. No.29537 of 2012 the file. However, it is submitted by the learned Government Pleader that the certified copy of the Purchase Certificate is in the file.
Therefore, this writ petition is disposed of directing the first respondent to issue a duplicate of the Purchase Certificate to the petitioner on the strength of the certified copy which is now in the file of the respondent within a period of two months from the date of receipt of a copy of this judgment.
A.V.RAMAKRISHNA PILLAI, JUDGE smm