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High Court of KeralaWP(C)/26875/2015disposed of

Smt.Korapalu v. State Of Kerala

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 ---------------------------------------- PETITIONERS:-:

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1. SMT.KORAPALU, AGED 70 YEARS, W/O.CHOMA (LATE), MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

2. VASANTHA, AGED 52 YEARS, D/O.CHOMA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

3. SEETHAMMA, AGED 42 YEARS, D/O.CHOMA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

4. BHAGEE, AGED 38 YEARS, W/O.GOPALA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

5. SUNIL, AGED 27 YEARS, S/O.GOPALA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

6. SUNITHA, AGED 27 YEARS, D/O.GOPALA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

7. ANIL, AGED 19 YEARS, S/O.GOPALA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

8. ANITHA, AGED 18 YEARS, D/O.GOPALA, MANDALIKKAD, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENTS:-:

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1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM, PIN - 695 001.

....2/-

..2..

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2. DISTRICT COLLECTOR KASARAGOD, COLLECTORATE, KASARAGODE - 671 121.

3. TAHSILDAR KASARAGOD TALUK, TALUK OFFICE, KASARAGOD - 671 121.

4. VILLAGE OFFICER NEKRAJE VILLAGE, KASARAGOD - 671 121.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

A TRUE COPY OF THE PROCEEDING OF THE DEPUTY TAHSILDAR, HEADQURTERS, KASARAGOD 11.09.1954 BY PROCEEDINGS NO.DR 602/62.

EXHIBIT P2.

A TRUE COPY OF THE DEATH CERTIFICATE DATED 22.04.2002. EXHIBIT P3.

A TRUE COPY OF THE REPRESENTATION DATED 08.06.2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 26875 of 2015 ================== Dated this the 21st day of December, 2015

J U D G M E N T

The petitioners claim that they are the legal heirs of late 'Choma'. The petitioners would submit that by virtue of Ext.P1 land assignment the property was ordered to be assigned to 'Choma' and on his death the petitioners are entitled for purchase certificate. Therefore the purchase certificate has to be issued and further proceedings has to be concluded based on Ext.P1.

2.

The learned Government Pleader on instructions submits that 'Choma' referred in Ext.P1 is not 'Choma' claimed by the petitioners. He is totally a different person. 3.

This Court is of the view that the Tahsildar shall conduct necessary enquiry after hearing the petitioners and claimant of other 'Choma' and take appropriate decision. Needful shall be done within two months from the date of receipt of the copy of this judgment.

The judgment is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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