Abdul Salam vs the Tahasildar

Abdul Salam vs The Tahasildar

Type Court Judgment Court Kerala Decided Mar 25, 2024

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https://sooperkanoon.com/case/1300833

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Citation: sooperkanoon.com/1300833
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 25, 2024
Case Number: WP(C)/20173/2014

Parties & Advocates

Appellant / Petitioner

Abdul Salam

Respondent

The Tahasildar

Excerpt

.....revenue department is impleaded as additional respondent.”in the light of the above order, there can be a direction to the additional 5th respondent to consider the issue, if it is not disposed of so far. therefore, this writ petition is disposed of with the following directions :-(1) the additional 5th respondent is directed to dispose of the revision, if any, pending against ext.p3, after giving notice to the petitioner and other affected -: 4 :- parties as expeditiously as possible, at any rate, within five months from the date of receipt of a copy of this judgment.(2) if orders are passed in the revision, the same shall be communicated to the petitioner.(3) if the revision is still pending, the interim orderpassed by this court will continue till final orders are passed in the revision. sd/- p. v. kunhikrishnan judge jvt/26.3.2023 -: 5 :- appendix of wp(c) 20173/2014 petitioner exhibits :-exhibit p1 true copy of the receipt dated 15-01-2013 for payment of earnest money,issued by the village officer pullipadam exhibit p2 true copy of the receipt dated 11-02-2013 for payment of balance purchase price,issued in the name of the petitioner exhibit p3 true copy of the proceedings dated 07-03-2013 of the 3rd respondent exhibit p4 true copy of the report forwarded to the 3rd respondent by the 1st respondentrespondents' exhibits :- exhibit r4(a) - photocopy of the revision bearing no.47766/14 before the 5th respondent. exhibit r4(b) - photocopy of the stay petition with affidavit before 5th respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 PETITIONER :- ABDUL SALAM S/O.AYNIKUTHU MOHAMMAD, ODAYIKKAL P.O PULLIPADAM, MAMBAD AMSOM DESOM, MALAPPURAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER SUMMAYYA, AGED 37 YEARS, W/O.ABDUL SALAM, ODAYIKKAL P.O PULLIPADAM, MAMBAD AMSOM DESOM, MALAPPURAM DISTRICT. BY ADVS. SRI.P.SAMSUDIN SMT.NIMA JACOB RESPONDENTS :- 1 THE TAHASILDAR TALUK OFFICE,NILAMBUR - 679 329. 2 THE DISTRICT COLLECTOR, MALAPPURAM - 676 505. 3 THE LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM - 695 033
4 MUHAMMADALI S/O.MAYINKUTTY, PALAKKAPALLYYYALI HOUSE, T.B KUNNU, WANDOOR - 679 328, MALAPPURAM DISTRICT. ADDL.5 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT ADDL.R5 IS IMPLEADED SUO MOTU AS PER ORDER DTD. 25.10.2014. BY ADVS. SRI.RIYAL DEVASSY, GP SRI.K.S.MADHUSOODANAN SRI.K.S.MIZVER SRI.P.K.RAKESH KUMAR SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-
P. V. KUNHIKRISHNAN, J.
--------------------------------------- W.P.(C) No.20173 of 2014 ------------------------------------------------------ Dated this the 25th day of March, 2024

JUDGMENT

The above writ petition is filed with the following prayers :-

“(i) a writ of certiorari or any other appropriate writ order

or direction calling for the records leading to Ext.P3 stay order and quash the same.

(ii) a writ of mandamus or any other appropriate writ order

or direction, directing the 1st respondent to take steps to issue sale certificate in the name of the petitioner with respect to 0.0313 hectares of property comprised in Survey No.138/2A in Pullipadam Village in Nilambur Taluk as expeditiously as possible, within a time frame to be prescribed by this Court. Or in the alternative

(iii) a writ of mandamus or any other appropriate writ order

or direction, directing the 3rd respondent to dispose of the revision petition filed by the 4th respondent and pending before the 3rd respondent as expeditiously as possible, within a time frame to be prescribed by this Court after affording an opportunity of being heard to the petitioner.

(iv) such other reliefs as this Hon’ble Court deems fit to grant in the nature of this case.”

2. When this writ petition came up for consideration on 6.8.2014, this Court passed the following order :- -: 3 :-

“Admit. Learned Government Pleader takes notice for respondents 1 to 3. Issue notice to 4th respondent by speed post. There shall be a direction to the third respondent to keep all proceedings mentioned in Ext.P3 for a period of three weeks.” Thereafter, when the matter came up for consideration on 28.10.2014, this Court passed the following order :-

“Government Pleader takes notice. Learned counsel for the 4 th respondent submits that he has preferred a revision before the Government challenging final order passed in Ext.P3. It is submitted on 20.08.14. Learned Government Pleader shall ascertain from the Secretary (Revenue Department) the present status of the revision by the 4th respondent. Considering the nature of issue, Government of Kerala represented by Secretary, Revenue Department is impleaded as additional respondent.”

In the light of the above order, there can be a direction to the additional 5th respondent to consider the issue, if it is not disposed of so far. Therefore, this writ petition is disposed of with the following directions :-

(1) The additional 5th respondent is directed to dispose of the revision, if any, pending against Ext.P3, after giving notice to the petitioner and other affected -: 4 :- parties as expeditiously as possible, at any rate, within five months from the date of receipt of a copy of this judgment.

(2) If orders are passed in the revision, the same shall be communicated to the petitioner.

(3) If the revision is still pending, the interim order

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 15-01-2013 FOR PAYMENT OF EARNEST MONEY,ISSUED BY THE VILLAGE OFFICER PULLIPADAM EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 11-02-2013 FOR PAYMENT OF BALANCE PURCHASE PRICE,ISSUED IN THE NAME OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 07-03-2013 OF THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPORT FORWARDED TO THE 3RD RESPONDENT BY THE 1ST RESPONDENT

RESPONDENTS' EXHIBITS :- EXHIBIT R4(a) - PHOTOCOPY OF THE REVISION BEARING No.47766/14 BEFORE THE 5TH RESPONDENT. EXHIBIT R4(b) - PHOTOCOPY OF THE STAY PETITION WITH AFFIDAVIT BEFORE 5TH RESPONDENT.

Same Court & Year Kerala · 2024 Same Parties Abdul Salam vs The Tahasildar Same Judge Honourable Mr. Justice P.V.Kunhikrishnan