Kunhikrishnan A vs State Of Kerala
2021 Latest Caselaw 23941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                       WP(C) NO. 24311 OF 2021
PETITIONER:

          KUNHIKRISHNAN A.
          AGED 57 YEARS
          S/O. LATE MADHAVAN ACHARI, KIZHAKKE VALAPPIL HOUSE,
          VELASHWARAM, RAVANESHWARAM, CHITHARI VILLAGE, KASARAGOD
          DISTRICT, PIN - 671531.

          BY ADVS.
          MATHEW KURIAKOSE
          G.GIREESH
          J.KRISHNAKUMAR (ADOOR)
          MONI GEORGE



RESPONDENTS:

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

    2     LAND TRIBUNAL & SPL. TAHSILDAR (LR), KASARAGOD
          OFFICE OF THE SPL. TAHSILDAR (LR), KASARAGOD, PIN - 671
          121.



          SRI. SURYA BINOY G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24311 OF 2021
                                   2



                                JUDGMENT

The petitioner alleges that while Ext.P2

Purchase Certificate was issued to him, on the

strength of Ext.P1 order of assignment issued

by the Land Tribunal, Kanhangad, a mistake was

committed in the survey number of the property

involved therein; and therefore, that he

preferred I.A.No.41/2017 in O.A.No.883/76 for

correction of the same.

2. The petitioner says that, however, no

action has been taken by the Land Tribunal on

the afore said I.A until now and therefore,

prays that it be directed to do so, within a

time frame to be fixed by this Court.

3. When this matter was called today,

Sri.Mathew Kuriakose - learned counsel

appearing for the petitioner, conceded that,

pending this lis, the Land Tribunal has issued WP(C) NO. 24311 OF 2021

an order directing his client to produce the

original of the Purchase Certificate for

correction. He, therefore, prayed that a time

frame be fixed by this Court for the said

Tribunal to act further in terms of law.

4. Sri.Rajeev Jyothish George - learned

Government Pleader, submitted that if the Land

Tribunal has already initiated action to

correct the Purchase Certificate, then the

petitioner need not have any apprehension since

action thereon will be completed without any

avoidable delay.

Taking note of the afore submissions, I

order this writ petition and direct the 2nd

respondent to appropriately correct Ext.P2

Purchase Certificate, in tune with Ext.P1 order

of assignment, after following due procedure

and after affording an opportunity of being

heard to the petitioner; and to complete the

said process, as expeditiously as is possible, WP(C) NO. 24311 OF 2021

but not later than one month from the date of

receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/13/12/2021 WP(C) NO. 24311 OF 2021

APPENDIX OF WP(C) 24311/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 11.03.1976 IN O.A.NO.883 OF 1976 ON THE FILES OF THE LAND TRIBUNAL NO.I, KANHANGAD WITH ITS TYPED COPY.

Exhibit P2 TRUE COPY OF THE CERTIFICATE OF PURCHASE NO.7353/1977 ISSUED BY THE LAND TRIBUNAL.

Exhibit P3 TRUE COPY OF THE ORDER DATED 26.06.2018 IN IA NO.41 OF 2017 IN O.A.NO.883 OF 1976 ON THE FILES OF THE LAND TRIBUNAL, KASARAGOD.