Narayanikutty [email protected] ... vs State Of Kerala
2021 Latest Caselaw 18622 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                   WP(C) NO. 15558 OF 2021
PETITIONER:

          NARAYANIKUTTY AMMA @ AMMALUKUTTY AMMA
          AGED 97 YEARS
          W/O.RAVUNNIKUTTY MENON,
          W/O.RAVUNNIKUTTY MENON,
          "SREENILAYAM",BEEHAMANAD.P.O, ALANALLUR VILLAGE,
          MANNARKKAD TALUK,
          PALAKKAD DISTRICT.

          BY ADVS.
          SANTHEEP ANKARATH
          C.K.SHERIN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE TAHSILDAR,
          MANNARKKAD TALUK,TALUK OFFICE, MANNARKKAD,
          PALAKKAD DISTRICT, PIN-678762.

    3     THE VILLAGE OFFICER
          VILLAGE OFFICE, ALANALLUR I VILLAGE, ALATHUR,
          PALAKKAD DISTRICT, PIN-678601.

    4     LAND TRIBUNAL (DEVASWOM),
          OFFICE OF THE LAND TRIBUNAL(DEVASWOM), PALAKKAD-
          678001.

    5     LAND TRIBUNAL
          OFFICE OF THE LAND TRIBUNAL, OTTAPALAM,
          OTTAPALAM-679101,
          PALAKKAD DISTRICT.

     THIS WRIT PETITION       (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 08.09.2021,      THE COURT ON     THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15558 OF 2021             2

                              JUDGMENT

The petitioner has approached this Court alleging

that, even though she has preferred applications for

issuance of a Purchase Certificate with respect to

the property - described in paragraph 1 of this writ

petition, no action has been taken thereon by the 3 rd

respondent - Village Officer to register suo motu

proceedings; or by the 4th and 5th respondents to issue

Purchase Certificate to her.

2. According to the petitioner, she is 97 years

in age and therefore, that she is entitled to have

her applications considered, thus leading to the

issuance of a Purchase Certificate in her name,

without any further delay.

3. The petitioner, therefore, prays that the 3rd

respondent be directed to register suo motu

proceedings with respect to her application; while

the 4th and 5th respondents be ordered to issue

Purchase Certificate to her, with respect to the

property comprised of an extent of 2.8695 hectors of

land, in Survey Nos.27/10, 27/9, 28/3 and 313/12A of

Alanallur I Village. She asserts in fortification of

her plea that Exts.P3 and P4 reports have already

been settled in her favour by the Village Officer,

Alanallur.

4. In response, the learned Senior Government

Pleader, Shri.Aswim Sethumadhavan, however, submitted

that the jurisdiction to consider the petitioner's

applications is now vested with the Land Tribunal,

Attapadi and the Palakkad Devaswom Tribunal. He

submitted that, therefore, said Authorities may be

directed to complete the proceedings within a time

frame, because as is evident from Exts.P3 and P4, the

properties in question are within two different

jurisdictions.

In the afore circumstances, I order this writ

petition and direct the Land Tribunal, Attappadi, to

complete the proceedings based on the petitioner's

application, which is reflected in Ext.P4 report of

the Village Officer, after affording necessary

opportunity of being heard to her or her authorized

representative; thus culminating in an appropriate

order thereon, as expeditiously as is possible, but

not later than three months from the date of receipt

of a copy of this judgment.

Similarly, the Palakkad Devaswom Tribunal will

consider the petitioner's application, as mentioned

in Ext.P3 report of the Village Officer, after

affording necessary opportunity of being heard to her

or her authorized representative; thus culminating in

an appropriate order thereon, as expeditiously as is

possible, but not later than three months from the

date of receipt of a copy of this judgment.

I make it clear that I have fixed the afore

period short, taking note of the petitioner's

advanced age of 97 years; and call upon the Tribunals

to ensure that appropriate orders are issued thereon

within the said time frame.

Needless to say, once the afore exercise is

completed by the Tribunals and depending upon the

decision to be taken by them, the petitioner or her

authorized representative will be at liberty to

approach respondents 4 and 5 for issuance of the

Purchase Certificate with respect to the properties

covered by Exts.P3 and P4; in which event, said

Authorities will take necessary action thereon,

without any avoidable delay, but not later than two

months thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/22.9

APPENDIX OF WP(C) 15558/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE VERUMPATTOM SALE DEED NO.71/1959 DATED 15.11.1959 OF MANNARKKAD SRO.

Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT CONCERNING THE PROPERTIES ISSUED BY THE 3RD RESPONDENT AND DATED 9.7.2021.

Exhibit P3 TRUE COPY OF REPORT NO.91/2021 DATED 3.5.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF REPORT NO.92/2021 DATED 3.5.2021 ISSUED BY THE 3RD RESPONDENT.