Kerala High Court
Safia vs The District Collector on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
W.P.(C) No.105 OF 2021(K)
PETITIONERS:
1 SAFIA,
AGED 46 YEARS, D/O ALAVI,
PUZHAKKALAKATHU HOUSE,
CHETTIPADI, MALAPPURAM DISTRICT.
2 JAMEELA,
D/O.ALAVI,
PUZHAKKALAKATHU HOUSE,
CHETTIPADI, MALAPPURAM DISTRICT.
BY ADVS.
SHRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
SMT.K.N.ABHA
SRI.A.G.PRASANTH
SMT.NIMMY SHAJI
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
MALAPPURAM, MALAPPURAM DISTRICT.
2 SPECIAL TAHSILDAR,
OFFICE OF THE SPECIAL THAHASILDAR,
TIRUR, MALAPPURAM DISTRICT.
R1&R2 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.105 OF 2021(K)
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JUDGMENT
The petitioners, who are stated to be the absolute owners in
possession of a property having an extent of 20.99 Ares
comprised in Sy.No.115/3 in Block No.23 in Neduva Village of
Tirurangadi Taluk, has filed this writ petition under Article 226 of
the Constitution seeking a writ of mandamus commanding the 2 nd
respondent Special Tahsildar to issue certified copy of the
purchase certificate No.963/78 issued by the Land Tribunal,
Parappanangadi, in favour of one Mundoli Ahammed Koya, within
a time limit to be fixed by this Court.
2. On 05.01.2021, when this writ petition came up for
admission, the learned Government Pleader was directed to get
instructions.
3. Heard the learned counsel for the petitioners and also
the learned Government Pleader appearing for the respondents.
4. The learned Government Pleader, on instructions, would
submit that the application made by one Shiju K., referred to in
Ext.P5 reply issued by the Head Ministerial Officer in the office of
the Special Tahsildar, Tirur, is an application made under the
provisions of the Right to Information Act, 2005.
5. The learned counsel for the petitioners would submit
W.P.(C) No.105 OF 2021(K)
that the petitioners will file a proper application before the Land
Tribunal, Parappanangadi, after complying with the statutory
requirements, for obtaining a certified copy of purchase certificate
No.963/78.
6. The learned Government Pleader would submit that, if
any such application is received, the Land Tribunal,
Parappanangadi will consider the same and issue certified copy of
the purchase certificate, without any delay.
Having considered the submissions made by the learned
counsel on both sides, this writ petition is disposed of with the
following directions;
i) Within two weeks from the date of receipt of a certified
copy of this judgment, the petitioners shall submit a proper
application before the Land Tribunal, Parappanangadi for
obtaining a certified copy of purchase certificate bearing
No.963/78, after complying with the statutory requirements.
ii) On receipt of such an application, the Land Tribunal,
Parappanangadi shall consider the same and issue certified
copy of the purchase certificate, if there is no other legal
impediment, as expeditiously as possible, at any rate, within
a period of one month.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
W.P.(C) No.105 OF 2021(K)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2502 OF
1981 IN PARAPPANANGADI SRO.
EXHIBIT P2 TRUE COPY OF SALE DEED NO.338 OF 1993 OF
SRO,PARAPPANANGADI.
EXHIBIT P3 THE REGISTERED RELEASE DEED NO.1918/2000
OF PARAPPANANGADI SUB REGISTRAR
OFFICE,EXECUTED BY BIYATHUTTI IN FAVOUR
OF THE PETITIONERS.
EXHIBIT P4 A TRUE COPY OF THE LAND TAX RECEIPT
DATED 7.1.2019 ISSUED BY THE SPECIAL
VILLAGE OFFICER,NEDUVA VILLAGE.
EXHIBIT P5 A TRUE COPY OF THE REPLY ISSUED BY THE
2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
