Kerala High Court
Noushad K vs State Of Kerala on 12 January, 2023
WP(C) No.18752/2016 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 12th day of January 2023 / 22nd Pousha, 1944
WP(C) NO. 18752 OF 2016 (T)
PETITIONERS:
1. NOUSHAD K, S/O.KUNHIMUHAMMED, KOOLIYODAN HOUSE, N S S COLLEGE P O,
MANJERI, MALAPPURAM DISTRICT.
2. FIROZ K, S/O.KUNHIMUHAMMED, KOOLIYODAN HOUSE, N S S COLLEGE P O,
MANJERI, MALAPPURAM DISTRICT.
3. RASHEED K, S/O.KUNHIMUHAMMED, KOOLIYODAN HOUSE, N S S COLLEGE P O,
MANJERI, MALAPPURAM DISTRICT
4. SABIRA K, W/O.KUNHIMUHAMMED, KOOLIYODAN HOUSE, N S S COLLEGE P O,
MANJERI, MALAPPURAM DISTRICT
5. NAJRA M, W/O.MUJEEB RAHMAN, KOOLIYODAN HOUSE, N S S COLLEGE P O,
MANJERI, MALAPPURAM DISTRICT
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001
2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT 673 001
3. THE VILLAGE OFFICER, NARUKARA VILLAGE, MANJERI P O, MALAPPURAM
DISTRICT, PIN 673 001
4. THE TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT 673 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction commanding the 2nd respondent to
issue a tax receipt for 1 acre and 4 cents, provisionally, pending
consideration of the above Writ Petition, in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
16.12.2022 and upon hearing the arguments of SRI.G.SREEKUMAR (CHELUR)
Advocate for the petitioner and the GOVERNMENT PLEADER, the court passed
the following:
WP(C) No.18752/2016 2/4
SHAJI P. CHALY, J.
------------------------------
W.P.(C).Nos. 18752 of 2016 & 31714 of 2013
----------------------------------------------
Dated this the 12th day of January, 2023
ORDER
On the basis of an order passed on 16.12.2022, a
communication is addressed by the Tahasildar (Land
Records), Ernad dated 10.01.2023 to the office of the
Advocate General which reads as follows;
"Sub: Writ petition filed by Noushad Kooliyodan & Others in
the HC of Kerala-report submitted -reg
Ref: Judgment of the Hon: High Court in WP(C) 31714/2013
&18752/2016 dtd 16-12-2022
Kind attention is invited to the Judgment of Hon High
Court in WP(C) 31714/2013 & 18752/2016 filed by
Sri.Noushad and others. An affidavit in this regard already
filed Now the Hon Court as per the judgment cited has
directed to verify the veracity of certificate of purchase No
216 issued by the Land Tribunal Manjeri dated on 30-08-
1983.
It is submitted that the Tahsildar (Land Records) has no
authority to ascertain the veracity of Ext.P3 certificate as the
Certificate of Purchase is issued by the Land Tribunal under
the provisions of the Kerala Land Reforms Act on the basis of
WP(C) No.18752/2016 3/4
W.P.(C).Nos. 18752 of 2016
the report of the Authorised Officer(concerned Village
Officer/Special Revenue Inspector of the Land Tribunal)and
documents produced by the party and also by conducting trial
of the party."
2. In the said order it is stated that a statement is
filed by the Tahasildar (Land Records) on 2nd June 2017.
However, I find that the letter addressed to the Advocate
General and contents of the statement filed before this Court
in W.P.(C) No.18752/2016 are contradictory. Which is causing
difficulties for me to arrive at a logical conclusion in the writ
petitions filed by the petitioner. Therefore, the learned Senior
Government Pleader is directed to file a proper affidavit of the
Tahasildar (Land Records) within two weeks explaining the
same.
Post after two weeks.
Sd/-
SHAJI P. CHALY
JUDGE
AP
12-01-2023 /True Copy/ Assistant Registrar
WP(C) No.18752/2016 4/4
APPENDIX OF WP(C) 18752/2016
Exhibit P3 A TRUE COPY OF THE PURCHASE CERTIFICATE NO 216 ISSUED
BY THE LAND TRIBUNAL MANJERI DTD 30/8/83 AS PER SUO
MOTTO PROCEEDINGS NO 489/82 IN RESPECT OF THE PROPERTY
IN FAVOUR OF MUHAMMED
12-01-2023 /True Copy/ Assistant Registrar
