Sathyamma vs The District Collector
2023 Latest Caselaw 12932 Ker

Kerala High Court

Sathyamma vs The District Collector on 8 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                   WP(C) NO. 23721 OF 2023
PETITIONERS:

    1     SATHYAMMA
          AGED 77 YEARS
          W/O RAJAPPAN, KURUPPASSERIL HOUSE, PATTANAKKAD
          VILLAGE, PATTANAKKAD MURI, PATTANAKKAD P.O.,
          CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688531
    2     ROY
          AGED 46 YEARS
          S/O RAJAPPAN, KURUPPASSERIL HOUSE, PATTANAKKAD
          VILLAGE, PATTANAKKAD MURI, PATTANAKKAD P.O.,
          CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688531
    3     JOY
          AGED 46 YEARS
          S/O RAJAPPAN,KURUPPASSERIL HOUSE, PATTANAKKAD
          VILLAGE, PATTANAKKAD MURI, PATTANAKKAD P.O.,
          CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688531
          BY ADVS.
          V.N.SANKARJEE
          V.N.MADHUSUDANAN
          VIJAYAN PILLAI P.K.
          C.PURUSHOTHAMAN NAIR
          R.UDAYA JYOTHI
          M.M.VINOD
          M.SUSEELA
          KEERTHI B. CHANDRAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ALAPPUZHA, COLLECTORATE, CIVIL STATION, ALAPPUZHA
          DISTRICT., PIN - 688001
    2     THE TAHSILDAR
          CHERTHALA, TALUK OFFICE, NEAR MINI CIVIL STATION,
          CHERTHALA, ALAPPUZHA DISTRICT., PIN - 688524
    3     THE TAHSILDAR
          LAND TRIBUNAL, OFFICE OF THE LAND TRIBUNAL,
          CHERTHALA, ALAPPUZHA DISTRICT., PIN - 688524
    4     THE VILLAGE OFFICER
 W.P.(c) No. 23721 of 2023
                                2

            PATTANAKKAD, VILLAGE OFFICE, PATTANAKKAD P.O.,
            CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688531
            SMT. DEEPA NARAYANAN
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) No. 23721 of 2023
                                     3

                              JUDGMENT

The petitioners had approached the 3rd

respondent for issuance of purchase certificate vide

Ext. P7. They pray for expeditious disposal of the

proceedings pending before the 3rd respondent.

2. Heard the learned counsel for the petitioners

and the learned Government Pleader.

3. The learned Government Pleader, on

instructions, submits that the proceedings before the

3rd respondent pursuant to Ext. P7 has been

numbered as S.M No. 4/2022 and is pending

consideration.

In the facts and circumstances of the case, there

will be a direction to the 3 rd respondent to dispose of

S.M. No. 4/2022, as expeditiously as possible, at any

rate, within a period of six months from the date of

receipt of a certified copy of this judgment.

The writ petition is disposed of.

Sd/-

                            MURALI PURUSHOTHAMAN
bnu                                  JUDGE



                            APPENDIX

PETITIONERS EXHIBITS
Exhibit P-1        TRUE COPY OF THE PARTITION DEED DATED 8TH

DHANU 1111 M.E. NO. 1300/1111ME OF THE S.R.O., CHERTHALA Exhibit P-2 TRUE COPY OF THE SALE DEED DATED 10TH EDAVAM 1111 M.E. NO. 2754/1111ME OF THE S.R.O., CHERTHALA Exhibit 3 TRUE COPY OF THE TAX RECEIPT NO. 39 DATED 3.5.1115ME ISSUED TO KARTHIYAYANI FROM VAYALAR WEST VILLAGE Exhibit P-4 TRUE COPY OF THE PARTITION DEED DATED 18.12.2006 NO. 1857/2006 OF THE S.R.O., PATTANAKKAD Exhibit P-5 TRUE COPY OF THE APPLICATION DATED 20.11.2012 SUBMITTED BY RAJAPPAN TO THE 2ND RESPONDENT Exhibit P-6 TRUE COPY OF THE REPORT NO. 19/2013 DATED 8.2.2013 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF APPLICATION DATED 15.4.2021 WITH STATEMENT EVEN DATED BEFORE THE LAND TRIBUNAL, CHERTHALA TO OBTAIN PURCHASE CERTIFICATE UNDER SECTION 72 OF THE LAND REFORMS ACT Exhibit P-8 TRUE COPY OF 4TH RESPONDENT'S REPORT NO.489/21 DATED 4.10.2021 SUBMITTED TO THE 3RD RESPONDENT Exhibit P-9 TRUE COPY OF THE 4TH RESPONDENT'S LETTER DATED 31.12.2021, WITH LOCATION SKETCH DATED 31.12.2021, PROFORMA REPORT DATED 31.12.2021, SKETCH DATED 31.12.2021 AND MAHAZAR DATED 30.12.2021 SUBMITTED TO THE 3RD RESPONDENT Exhibit P-10 TRUE COPY OF PETITIONERS' APPLICATION DATED 27.3.2023 BEFORE THE 2ND RESPONDENT UNDER RULES 10 AND 11 OF THE TRANSFER OF REGISTRY RULES