Kalathil Shyamala vs The Deputy Collector (Lr)
2022 Latest Caselaw 5323 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 8040 OF 2022
PETITIONER:

            KALATHIL SHYAMALA,
            AGED 65 YEARS
            D/O.KUNJHANGHU, KALATHINKUNNU DESOM, KASABA VILLAGE &
            P.O., KOZHIKODE-673 002.

            BY ADVS.
            T.SETHUMADHAVAN (SR.)
            PREETHI. P.V.
            M.V.BALAGOPAL



RESPONDENTS:

    1       THE DEPUTY COLLECTOR (LR),
            KOZHIKODE, COLLECTORATE, PIN-673 020.

    2       THE EXECUTIVE OFFICER, TALI DEVASWOM,
            TALI P.O., KOZHIKODE-673 002.



              SMT MABLE C KURIAN    SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8040 OF 2022
                                      2

                                JUDGMENT

The petitioner, who is represented by

Sri.T.Sethumadhavan - learned Senior Counsel,

instructed by Sri.M.V.Balagopal, alleges that

Ext.P8 order of the 1st respondent - Deputy

Collector is inherently flawed, since said

Authority has taken the view that correction of

the "Certificate of Purchase" issued in

C.P.No.299/78 in O.A.No.8082/1976 cannot be

done by him, because he cannot act under Rule

136A of the Kerala Land Reforms (Tenancy) Rules

("KLR(T) Rules").

2. I have examined Ext.P8 and, as rightly

argued by the learned Senior Counsel, after

referring to Rule 136A of the KLR(T) Rules, the

respondent goes to say that "I believe that the

present case is not attracted" by the said

"Rule".

WP(C) NO. 8040 OF 2022

3. Smt.Mable.C.Kurian - learned Senior

Government Pleader, supported Ext.P8 saying

that, for one, the proceedings are of the year

1976; and, for the second, it is not clear as

to whether the extent now claimed by the

petitioner is available or otherwise. She

submitted that, therefore, it will require a

proper enquiry, which cannot be done through a

summary proceedings under Rule 136A of the

KLR(T) Rules. She, therefore, prayed that this

writ petition be dismissed.

4. As I have said above, the 1st respondent

has issued Ext.P8 not on the merits of the

matter, but saying that he does not "believe"

that Rule 136A of the KLR(T) Rules are

attracted. However, before he said so, it has

unequivocally made the following record in the

impugned order:

                     "I     have     perused      all    the
 WP(C) NO. 8040 OF 2022


               documents             produced            such          as
               Certified             copy          of          Document
               No.582/45,        Possession             Certificate,
               Land    Tax      Receipt,          Sketch,       Adangal
               copy      etc.    and        the    facts        of    the

case. On verification of the sketch produced it is seen that the property in an irregular shape having three projected triangular area of land on eastern and western side facing sough and east. The difference in the area happened while computing the measurements shown in the document. The Adangal extract of the property shows that the total area of TS No.5-19-912 is 36 Cents in extent and it is also seen that the boundaries are one and the same as in the Document No.582/45 and in the C.P. In the above circumstances the facts stated are correct and genuine and the area in the C.P. has to be corrected from 28¾ to 36 Cents under Rule 136(A) of KLR(T) Rules."

5. It is indubitable that Rule 136A of the

KLR(T) Rules empowers the Land Tribunal to WP(C) NO. 8040 OF 2022

correct clerical or arithmetic mistakes at any

time. The question whether what is involved

here is a clerical error or arithmetic mistake

has to be first decided and evaluated by the

Tribunal, before it could have taken the view

that said provision is not attracted.

6. Going by Ext.P8, after assessing the

entire factual material and inputs available,

the Tribunal has entered a view that certain

corrections are required. Whether these are

mere corrections, or go to the merit of the

matter itself, is not discernible from Ext.P8

and for that reason I cannot find favour with

it.

7. In the afore circumstances, I set aside

Ext.P8; with a consequential direction to the

1st respondent - Tribunal to reconsider the

matter specifically from the angle of Rule 136A

of the KLR(T) Rules, thus leading to a decision WP(C) NO. 8040 OF 2022

as to whether the mistake in the Purchase

Certificate is on account of an error - either

clerical or arithmetical - and if so, to make

necessary corrections as per law, following due

procedure.

8. I make it clear that this Court has not

decided the question as to whether the mistakes

are clerical or arithmetical and it is left to

the Tribunal to properly assess it and then

complete consequential action as ordered above.

9. For the afore purpose, I direct the

petitioner to mark appearance before the 1st

respondent at 11 A.M. on 14.06.2022; on which

day, the Tribunal will commence proceedings and

complete it without any avoidable delay

thereafter.

10. Needless to say, while the afore

exercise is completed, the Tribunal will also

keep in mind Exts.P9 and P10 judgments of this WP(C) NO. 8040 OF 2022

Court, wherein, similar issues were considered

and certain directions were issued.

This writ petition is disposed of as above.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 8040 OF 2022

APPENDIX OF WP(C) 8040/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF KANAM ASSIGNMENT DEED NO.582/1945 SRO, KOZHIKODE DATED 24.04.1945.

Exhibit P2 TRUE COPY OF ADANGAL EXTRACT OF SURVEY NO.79/1, TS NO.5-19-912 ISSUED FROM THE VILLAGE OFFICER, KASABA AMSOM DATED NIL.

Exhibit P3 TRUE COPY OF THE ORDER OF THE DEPUTY COLLECTOR, LAND TRIBUNAL, VADAKARA DATED 30.09.1977.

Exhibit P4 TRUE COPY OF THE PURCHASE CERTIFICATE BEARING NO.299/78 ISSUED BY THE LAND TRIBUNAL, VADAKARA DATED 06.02.1978.

Exhibit P5 TRUE COPY OF THE RELEASE DEED NO.463/2004 SRO KOZHIKODE DATED 24.04.2004.

Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED 12.08.2020.

Exhibit P7 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 27.01.2021.

Exhibit P8 TRUE COPY OF THE ORDER IN IA NO.1/2021 IN OA NO.8082/1976 DATED 18.01.2022.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.10394/2019 DATED 03.04.2019.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC NO.21580/2014 DATED 26.08.2014.