Kerala High Court
Abdul Rahman @ Abduraheman vs The Land Tribunal on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 5604 OF 2018
PETITIONER:
ABDUL RAHMAN @ ABDURAHEMAN
AGED 45 YEARS
PUTHENPURAYIL HOUSE, NEAR T.B.HOSPITAL, PONNANI
SOUTH P.O., MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.B.ARUNKUMAR
SRI.RANJIT BABU
RESPONDENTS:
1 THE LAND TRIBUNAL
MALAPPURAM DISTRICT.
PIN-676 101
2 THE SPECIAL TAHASILDAR LAND REFORMS
OFFICE OF THE LAND TRIBUNAL, TIRUR, MALAPPURAM
DISTRICT.
PIN-676 101
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5604 OF 2018
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
W.P.(C).No.5604 of 2018
-----------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The above Writ Petition is filed with
following prayers:
(i) call for the records leading to Ext.P5 and
quash the same by issuing a writ of certiorari
or any other appropriate order or direction,
(ii) issue a writ of mandamus or any other
appropriate writ, order or direction
commanding the 1st respondent to carry out
the correction with regard to the survey
number in Ext.P3 purchase certificate sought
by the petitioner in Ext.P4 representation
(iii) such other order or direction deems fit
and proper for this Hon'ble Court in facts and
circumstances of the case."
[SIC]
2. When this Writ Petition came up for
consideration on 20.08.2019, this Court passed
WP(C) NO. 5604 OF 2018
the following order:
" Petitioner has to implead
Achipravalappil Assankutty or his legal heirs
in the party array. It is to be noted that
the petitioner is the purchaser of five cents
of land out of 1 acre 72 cents of land
belonging to Assankutty, who obtained a
purchase certificate for the aforesaid land.
Petitioner seeks correction of the purchase
certificate. Without the presence of
Assankutty and his legal heirs such request
cannot be considered. Petitioner is also
directed to produce the sale deed executed by
Assankutty."
3. No impleading petition is filed. This
Court observed that the petitioner has to
implead Achipravalappil Assankutty or his legal
heirs in the party array for deciding the issue.
Since no impleading petition is filed, I am of
the considered opinion that this Writ Petition
WP(C) NO. 5604 OF 2018
need not be retained here. The petitioner is
free to agitate the same afresh, if he is intend
to do so after impleading all the necessary
parties.
With the above observation, this Writ
Petition is disposed of.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
SSG
WP(C) NO. 5604 OF 2018
APPENDIX OF WP(C) 5604/2018
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LOCATION CERTIFICATE
WITH SKETCH.
EXHIBIT P1(A) THE TRUE COPY OF THE NON ATTACHMENT
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER, EZHUVATHIRUTHY VILLAGE.
EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT DATED
15-11-2017.
EXHIBIT P3 THE TRUE COPY OF THE PURCHASE CERTIFICATE
NO.876/1970 DATED 11-11-1974.
EXHIBIT P4 THE TRUE COPY OF THE REQUEST DATED
07-12-2017 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 19-01-
2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.22863/2009.
