Mushtaque Ali vs The Land Tribunal €“ Malappuram
2023 Latest Caselaw 5460 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                        WP(C) NO. 14674 OF 2023
PETITIONER/S:

    1       MUSHTAQUE ALI, AGED 34 YEARS
            S/O SHAHUL HAMEED, RESIDING AT KINATTINGAL HOUSE,
            KARUVAMBRAM WEST.P.O, ERANAD, MALAPPURAM, PIN - 676123
    2       ABOOBACKER, AGED 44 YEARS
            S/O ALAVIKKUTTY HAJI, RESIDING AT VILAKKUMADHATHIL
            HOUSE, PULLUR, KARUVAMBRAM WEST.P.O, ERANAD,
            MALAPPURAM, PIN - 676123
    3       SAITHALAVI, AGED 49 YEARS
            S/O MUHAMMED HAJI, RESIDING AT ULLATTIL THEKKEKKANDI
            HOUSE, KARUVAMBRAM WEST.P.O, ERANAD, MALAPPURAM, PIN -
            676123
    4       FATHIMA, AGED 43 YEARS
            D/O ELACHOLA MUHAMMED ,RESIDING AT CHERUKAPPULLI HOUSE,
            ANAKKAYAM.P.O, ERANAD, MALAPPURAM, PIN - 676509
            BY ADVS.
            K.R.AVINASH (KUNNATH)
            ABDUL RAOOF PALLIPATH
            E.MOHAMMED SHAFI


RESPONDENT/S:

    1       THE LAND TRIBUNAL - MALAPPURAM
            CIVIL STATION, UP HILL, MALAPPURAM, PIN - 676505
    2       THE VILLAGE OFFICER -NARUKARA
            VILLAGE OFFICE - NARUKARA, NARUKARA.P.O, MALAPPURAM,
            PIN - 676122

            BY SMT. SAROJINI K.G., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14674 OF 2023


                                -2-



                            JUDGMENT

The petitioners state that they are co-owners of a property

having an extent of 0.1760 hectares (17 Ares 60 Square meters)

comprised in Re.Survey No.25/1 of Narukara Village, Malappuram

District. It is stated that they purchased the said property by way

of a registered sale deed No.380/i/16 of Sub Registrar office,

Manjeri, executed by one Mrs. Pathumma on 25.01.2016 and that

they are handed over with the possession of the property and are

enjoying the property. They submit that they are jointly paying the

basic tax with respect to the above said property.

2. The petitioners have submitted an application before the

Land Tribunal - Malappuram, for issuing a Purchase Certificate of

the above said property, since Purchase Certificate is required for

many administrative and banking purposes. It is stated that the

application submitted by the petitioners for Purchase Certificate

has been registered as S.M.No.361/23 before the Land Tribunal -

Malappuram. They stated that the Village Officer, Narukara has WP(C) NO. 14674 OF 2023

forwarded a report in this regard to the Land Tribunal -

Malappuram and certificate No. M2. 775044/23 dated 29.03.2023

has been issued to the petitioners from the Collectorate -

Malappuram. The grievance of the petitioners is that the

application submitted by them for issuance of Purchase Certificate

in respect of the aforesaid property is not so far considered by the

1st respondent.

3. Heard the learned Counsel for the petitioners and the

learned Government Pleader for the respondents.

In the facts and circumstances of the case, there will be a

direction to the 1st respondent to consider and pass orders on the

application submitted by the petitioners, as evidenced by Ext.P3,

for issuance of purchase certificate within a period of three

months.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE uu WP(C) NO. 14674 OF 2023

APPENDIX OF WP(C) 14674/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO: 380/I/16 OF SUB: REGISTRAR OFFICE MANJERI DATED 25.012016 EXECUTED BY MRS. PATHUMMA Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF NO. KL10011815830/2022 DATED 10.11.2022 OF NARUKARA VILLAGE Exhibit P3 TRUE COPY OF THE CERTIFICATE NO: M2.

775044/23 DATED 29.03.2023 ISSUED TO THE PETITIONERS FROM THE COLLECTORATE -

MALAPPURAM