Ummar V.P vs The Land Tribunal Malappuram
2022 Latest Caselaw 8602 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                       WP(C) NO. 16172 OF 2022
PETITIONER:

          UMMAR V.P.
          AGED 70 YEARS
          S/O. ABDULLAKUTTY,
          VALIYAPEEDIKAKKAL HOUSE,
          TRIKANDIYUR AMSOM,
          KUMARAMANGALAM DESOM, TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN - 676 101

          BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:

    1     THE LAND TRIBUNAL MALAPPURAM
          DEPUTY COLLECTOR,
          OFFICE OF THE DEPUTY COLLECTOR (LR),
          COLLECTORATE,
          MALAPPURAM P.O, PIN - 676 505

    2     THE TAHSILDAR
          TIRUR TALUK OFFICE, TIRUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676 101

    3     THE VILLAGE OFFICER
          TRIKANDIYUR VILLAGE, TRIKANDIYUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676 104


          SMT. DEEPA. V. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16172 OF 2022
                                       2




                               T.R.RAVI, J.
                     ----------------------------------------
                      WP(C) No.16172 OF 2022
                    -------------------------------------------
                Dated this the 06th day of July, 2022

                            JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The grievance of the petitioner is that a mistake has

occurred in Ext.P3 purchase certificate with regard to the

survey number and the Village during the re-survey. The

properties were shown as part of Survey No.285/3, 4, 5 and 8

of Tirur Village instead of Survey No.229/1 of Trikandiyur

Village. The Village Officer has submitted a report pointing out

this mistake and has stated that the certificate of purchase

relates to the properties in Survey No.229/1 of Trikandiyur

Village. There is no dispute regarding the property or its

boundaries or its extent. In Ext.P10, the Land Tribunal has

rejected the request made by the petitioner stating that Rule

136A does not permit such a correction and it permits only

clerical or arithmetical mistakes or errors arising therein from WP(C) NO. 16172 OF 2022

any accidental slip or omission. The 1 st respondent has filed a

statement reiterating the stand taken in Ext.P10. It is

specifically stated in paragraph no. 4 of the statement that on

perusal of documents available before the Land Tribunal and

the Village Officers report, it is reveled that the actual land

mentioned in the certificate of purchase issued is situated in

Sy.No.229/1, Trikandiyur Village and not in Tirur Village.

However, it is stated that the mistake is not a clerical mistake

and cannot be corrected under Rule 136A of Kerala Land

Reforms Rules (Tenancy), 1970.

3. Having heard the counsel for the petitioner and the

learned Government Pleader, I am of the opinion that there is

no justification for the stand taken either in Ext.P10 or in the

statement. There is no dispute that there is a mistake in the

description of the property in the certificate of purchase with

regard to the name of the Village as well as the survey

number. It is also admitted that the property to which the

certificate of purchase relates is the property situated in

Sy.No.229/1 of Trikandiyur Village. There is no other provision

available other than Rule 136A for correction of mistakes in

orders of the Land Tribunal. Even if the mistake is not treated WP(C) NO. 16172 OF 2022

as a clerical or arithmetical mistake, it still remains as a

mistake which can only be due to an accidental slip or

omission which needs to be corrected.

4. In such circumstances, the writ petition is allowed.

Ext.P10 is quashed. The 1st respondent is directed to correct

the description of the property in Ext.P3 purchase certificate

showing the survey number and the Village as Sy.No.229/1 and

Trikandiyur Village in the place of Sy.No.285/3, 4, 5 and 8 and

Tirur Village. Necessary orders shall be issued and fresh

purchase certificate shall be provided to the petitioner within

six weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 16172 OF 2022

APPENDIX OF WP(C) 16172/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF DOCUMENT NO.417/1958 OF SRO TIRUR DATED 22.3.1958

Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 16.12.1976

Exhibit P3 THE TRUE COPY OF PURCHASE CERTIFICATE NO.

6451/1977 DATED 25.5.1977

Exhibit P4 THE TRUE COPY OF DOCUMENT NO. 1371/1990 OF SRO TIRUR DATED 13.6.1990

Exhibit P5 THE TRUE COPY OF THE CORRECTION DEED NO.

3570/2003 OF SRO TIRUR DATED 17.11.2003

Exhibit P6 THE TRUE COPY OF DOCUMENT NO.2341/2014 OF SRO TIRUR DATED 9.6.2014

Exhibit P7 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN S.M.NO.4759/1976 BEFORE THE LAND TRIBUNAL, MALAPPURAM DATED 8.11.2021

Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.

27097/2021 OF THIS HON'BLE COURT DATED 20.12.2021

Exhibit P9 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 27.12.2021

Exhibit P10 THE TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 25.02.2022

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE