IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 16172 OF 2022
PETITIONER:
UMMAR V.P.
AGED 70 YEARS
S/O. ABDULLAKUTTY,
VALIYAPEEDIKAKKAL HOUSE,
TRIKANDIYUR AMSOM,
KUMARAMANGALAM DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676 101
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 THE LAND TRIBUNAL MALAPPURAM
DEPUTY COLLECTOR,
OFFICE OF THE DEPUTY COLLECTOR (LR),
COLLECTORATE,
MALAPPURAM P.O, PIN - 676 505
2 THE TAHSILDAR
TIRUR TALUK OFFICE, TIRUR P.O.,
MALAPPURAM DISTRICT, PIN - 676 101
3 THE VILLAGE OFFICER
TRIKANDIYUR VILLAGE, TRIKANDIYUR P.O.,
MALAPPURAM DISTRICT, PIN - 676 104
SMT. DEEPA. V. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16172 OF 2022
2
T.R.RAVI, J.
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WP(C) No.16172 OF 2022
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Dated this the 06th day of July, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The grievance of the petitioner is that a mistake has occurred in Ext.P3 purchase certificate with regard to the survey number and the Village during the re-survey. The properties were shown as part of Survey No.285/3, 4, 5 and 8 of Tirur Village instead of Survey No.229/1 of Trikandiyur Village. The Village Officer has submitted a report pointing out this mistake and has stated that the certificate of purchase relates to the properties in Survey No.229/1 of Trikandiyur Village. There is no dispute regarding the property or its boundaries or its extent. In Ext.P10, the Land Tribunal has rejected the request made by the petitioner stating that Rule 136A does not permit such a correction and it permits only clerical or arithmetical mistakes or errors arising therein from WP(C) NO. 16172 OF 2022 3 any accidental slip or omission. The 1 st respondent has filed a statement reiterating the stand taken in Ext.P10. It is specifically stated in paragraph no. 4 of the statement that on perusal of documents available before the Land Tribunal and the Village Officers report, it is reveled that the actual land mentioned in the certificate of purchase issued is situated in Sy.No.229/1, Trikandiyur Village and not in Tirur Village. However, it is stated that the mistake is not a clerical mistake and cannot be corrected under Rule 136A of Kerala Land Reforms Rules (Tenancy), 1970.
3. Having heard the counsel for the petitioner and the learned Government Pleader, I am of the opinion that there is no justification for the stand taken either in Ext.P10 or in the statement. There is no dispute that there is a mistake in the description of the property in the certificate of purchase with regard to the name of the Village as well as the survey number. It is also admitted that the property to which the certificate of purchase relates is the property situated in Sy.No.229/1 of Trikandiyur Village. There is no other provision available other than Rule 136A for correction of mistakes in orders of the Land Tribunal. Even if the mistake is not treated WP(C) NO. 16172 OF 2022 4 as a clerical or arithmetical mistake, it still remains as a mistake which can only be due to an accidental slip or omission which needs to be corrected.
4. In such circumstances, the writ petition is allowed. Ext.P10 is quashed. The 1st respondent is directed to correct the description of the property in Ext.P3 purchase certificate showing the survey number and the Village as Sy.No.229/1 and Trikandiyur Village in the place of Sy.No.285/3, 4, 5 and 8 and Tirur Village. Necessary orders shall be issued and fresh purchase certificate shall be provided to the petitioner within six weeks from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 16172 OF 2022 5 APPENDIX OF WP(C) 16172/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF DOCUMENT NO.417/1958 OF SRO TIRUR DATED 22.3.1958 Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 16.12.1976 Exhibit P3 THE TRUE COPY OF PURCHASE CERTIFICATE NO.
6451/1977 DATED 25.5.1977 Exhibit P4 THE TRUE COPY OF DOCUMENT NO. 1371/1990 OF SRO TIRUR DATED 13.6.1990 Exhibit P5 THE TRUE COPY OF THE CORRECTION DEED NO.
3570/2003 OF SRO TIRUR DATED 17.11.2003 Exhibit P6 THE TRUE COPY OF DOCUMENT NO.2341/2014 OF SRO TIRUR DATED 9.6.2014 Exhibit P7 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN S.M.NO.4759/1976 BEFORE THE LAND TRIBUNAL, MALAPPURAM DATED 8.11.2021 Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.
27097/2021 OF THIS HON'BLE COURT DATED 20.12.2021 Exhibit P9 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 27.12.2021 Exhibit P10 THE TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 25.02.2022 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE