IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 17630 OF 2022
PETITIONER:
RAHUL
AGED 35 YEARS, S/O SURESH BABU,
KAITHAVALAPPIL HOUSE, LOKAMALESWARAM VILLAGE,
KODUNGALLUR TALUK.
BY ADVS.
M.SHAJU PURUSHOTHAMAN
K.S.RAJESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-689004.
2 THE LAND TRIBUNAL, THRISSUR
(THE DEPUTY COLLECTOR, LAND REFORMS)
CIVIL STATION, AYYANTHOLE,
THRISSUR, PIN-680002.
SRI. BIMAL K. NATH, SR.GOVT. PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17630 OF 2022 2
T.R. RAVI, J.
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W. P. (C). No. 17630 of 2022
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Dated this the 28th day of June, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The grievance of the petitioner is that the Land Tribunal instead of following the procedure prescribed under Section 72F of the Kerala Land Reforms Act has directed the petitioner to produce the legal heirship certificate of the petitioner's predecessor in interest for the purpose of considering the application for assignment of right, title and interest on the land. The direction is stated to be an oral direction.
I find that the prayer made by the petitioner is justified. The writ petition is disposed of directing the 2nd respondent to consider and pass orders on S.M.162/2021 relating to 15.850 cents of land in Survey No.515/1-2 of Lokamaleswaram Village in Kodungallur Taluk without insisting production of the legal heirship certificate of the deceased Janaky and in accordance with the provisions contained in Section 72F of the Kerala Land Reforms Act. Necessary orders shall be issued within 4 months from the date of receipt of a copy of this judgment.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 17630 OF 2022 3 APPENDIX OF WP(C) 17630/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE WILL DT.27.2.2012. Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DT.
6.7.2021.
Exhibit P3 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE LAND TRIBUNAL, THRISSUR DT. 17.9.2018.
Exhibit P4 THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, LOKAMALESWARAM DT. NIL.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).
NO.14125/2021 DT. 15.7.2021.
Exhibit P6 THE TRUE COPY OF THE APPLICATION FILED IN S.M.162/2021 DT.18.12.2021.