Rahul vs State Of Kerala
2022 Latest Caselaw 7767 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 17630 OF 2022


PETITIONER:

            RAHUL
            AGED 35 YEARS, S/O SURESH BABU,
            KAITHAVALAPPIL HOUSE, LOKAMALESWARAM VILLAGE,
            KODUNGALLUR TALUK.

            BY ADVS.
            M.SHAJU PURUSHOTHAMAN
            K.S.RAJESH



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF REVENUE, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN-689004.

    2       THE LAND TRIBUNAL, THRISSUR
            (THE DEPUTY COLLECTOR, LAND REFORMS)
            CIVIL STATION, AYYANTHOLE,
            THRISSUR, PIN-680002.

            SRI. BIMAL K. NATH, SR.GOVT. PLEADER.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17630 OF 2022               2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 17630 of 2022
                --------------------------------------------
                 Dated this the 28th day of June, 2022

                              JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. The grievance of the petitioner is that the Land Tribunal

instead of following the procedure prescribed under Section 72F of the

Kerala Land Reforms Act has directed the petitioner to produce the

legal heirship certificate of the petitioner's predecessor in interest for

the purpose of considering the application for assignment of right, title

and interest on the land. The direction is stated to be an oral direction.

I find that the prayer made by the petitioner is justified. The writ

petition is disposed of directing the 2nd respondent to consider and pass

orders on S.M.162/2021 relating to 15.850 cents of land in Survey

No.515/1-2 of Lokamaleswaram Village in Kodungallur Taluk without

insisting production of the legal heirship certificate of the deceased

Janaky and in accordance with the provisions contained in Section 72F

of the Kerala Land Reforms Act. Necessary orders shall be issued

within 4 months from the date of receipt of a copy of this judgment.

Sd/-

T.R. RAVI JUDGE

Pn

APPENDIX OF WP(C) 17630/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE WILL DT.27.2.2012.

Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DT.

6.7.2021.

Exhibit P3 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE LAND TRIBUNAL, THRISSUR DT. 17.9.2018.

Exhibit P4 THE TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, LOKAMALESWARAM DT. NIL.

Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.P.(C).

NO.14125/2021 DT. 15.7.2021.

Exhibit P6 THE TRUE COPY OF THE APPLICATION FILED IN S.M.162/2021 DT.18.12.2021.