Muhammed Ashraf vs State Of Kerala
2023 Latest Caselaw 162 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 6TH DAY OF JANUARY 2023/16TH POUSHA, 1944
                      WP(C) NO. 30381 OF 2022
PETITIONER:

             MUHAMMED ASHRAF
             AGED 48 YEARS
             S/O. UNNI MOIDHEEN, KULATH HOUSE,
             KARAKKAPARAMBIL, VANIYAMBALAM POST,
             VANDOOR, MALAPPURAM,
             PIN - 679339
             BY ADVS.
             SRI RAMESH .P
             MS.FATHIMA NARGIS K.A.


RESPONDENTS:

     1       STATE OF KERALA
             REP. BY THE CHIEF SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
     2       THE DEPUTY COLLECTOR (LR)
             COLLECTORATE, MALAPPURAM, PIN - 676504
             BY SR.GOVT.PLEADER SMT.C.S.SHEEJA

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.01.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.30381/2022
                                      2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C)No.30381 of 2022
               --------------------------------------------
                Dated this the 6th day of January, 2023

                               JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. The petitioner's mother obtained an order and "kraya

certificate" from the Land Tribunal, Malappuram in the year 1997.

The mother of the petitioner expired on 21.7.2021 and the

petitioner and his sister are the legal heirs. The petitioner applied

for a certified copy of the order in S.M.Proceedings No.358/96 of

the Land Tribunal, before the 2nd respondent. The 2nd respondent

has given Ext.P4 reply that order of the proceedings in

S..No.358/96 is not available with the 2 nd respondent. The prayer

in this writ petition is to direct the 2nd respondent to issue the

order in S.M.Proceedings No.358/1996.

3. A similar issue was considered by this Court in W.P.

(C)No.1125 of 2013. I do not find any reason to take a different

view than what was taken in W.P.(C)No.1125 of 2013. There will

hence be a direction to the 2nd respondent to retrieve/trace out the

concerned file forthwith and if the same is not possible, to

reconstruct the file and to issue duplicate copy of order in W.P.(C)No.30381/2022

S.M.Proceedings No.358/1996 to the petitioner, on satisfaction of

the requirements in accordance with the relevant Rules and on the

petitioner remitting the required charges, if any payable. The

proceedings shall be finalised at the earliest, at any rate, within

three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

T.R. RAVI JUDGE

dsn W.P.(C)No.30381/2022

APPENDIX OF WP(C) 30381/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE MOTHER OF THE PETITIONER DATED 28/04/1997 Exhibit P2 TRUE COPY OF THE LAND TAX PAID BY THE PETITIONER BEFORE THE VANDOOR VILLAGE OFFICE DATED 01/04/2022 Exhibit P3 TRUE COPY OF THE THANDAPER ACCOUNT OF THE PROPERTY OF THE PETITIONER DATED 25/08/2022 Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE MOTHER OF THE PETITIONER DATED 14/06/2022