Shameer P.M vs The State Of Kerala
2021 Latest Caselaw 20559 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                      WP(C) NO. 19303 OF 2021
PETITIONER:

    1     SHAMEER P.M
          S/O MUHAMMED.P.M, PADIKKAMANNIL HOUSE, FAIRLAND
          COLONY, SULTHAN BATHERY, WAYANAD,PIN-673592.

    2     NAJEEMA,
          W/O.SHAMEER.P.M, PADIKKAMANNIL HOUSE, FAIRLAND
          COLONY, SULTHAN BATHERY,
          WAYANAD,PIN-673592.

          BY ADV RAFFEEKH.K


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN-695001.

    2     THE DISTRICT COLLECTOR,
          WAYANAD, KALPETTA NORTH POST, WAYANAD, PIN-673122.

    3     THE DEPUTY COLLECTOR(LR)
          COLLECTORATE, KALPETTA NORTH POST, WAYANAD, PIN-
          673122.

    4     THE TAHSILDAR,
          TALUK OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT,
          PIN-673592.

    5     THE VILLAGE OFFICER
          SULTHAN BATHERY VILLAGE OFFICE, WAYANAD DISTRICT,
          PIN-673592.

          SMT. RESHMITHA RAMACHANDRAN -GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19303 OF 2021            2

                             JUDGMENT

The petitioners' limited grievance in this case

is that, in spite of Ext.P4 notice issued by the 2 nd

respondent - District Collector under Rule 7(1) of

the Assignment of Land within Municipal and

Corporation Areas Rules, 1995, no further action has

been taken thereon for issuance of the Purchase

Certificate.

2. The learned Government Pleader, Smt.Resmitha

Ramachandran, submitted that Ext.P4 was issued only

on 15.02.2021 and that necessary action thereon,

subject to any objection to be received, will be

completed by the District Collector within the next

two months. She prayed that this writ petition be

ordered on such terms.

3. When I hear the learned Government Pleader as

afore, I see no reason why this writ petition be not

ordered as suggested by her.

In the afore circumstances, I direct the 2nd

respondent - District Collector, to complete the

proceedings on the application of the petitioners

for assignment, adverting to Ext.P4 notice and to

any objection that may have been received; thus

concluding it, leading to issuance of a Purchase

Certificate in favour of the petitioners, if they

are finally found entitled, within a period of two

months from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/1.10

APPENDIX OF WP(C) 19303/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED DATED 26.02.2008

Exhibit P2 TRUE COPY OF G.O.(MS)NO.322/2010/REV DATED 04.08.2010

Exhibit P3 TRUE COPY OF THE G.O(M.S)NO.86/2019/REVENUE DATED 01.03.2019

Exhibit P4 TRUE COPY OF THE FORM 2 NOTICE DATED 15.02.2021 ISSUED BY THE 2ND RESPONDENT.