Ajith Kumar T.K vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 12, 2024

~4 min read

https://sooperkanoon.com/case/1320150

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1320150
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Jan 12, 2024
Case Number: WP(C)/42992/2023

Parties & Advocates

Appellant / Petitioner

Ajith Kumar T.K

Respondent

State of Kerala

Excerpt

.....this court has issued directions to the respondents to retrieve/trace out the concerned file forthwith and if the same is not possible, to reconstruct the file and to issue a duplicate purchase certificate to the petitioners therein on satisfaction of the requirements in accordance with the relevant rules and remitting the charges, if any payable.3. the learned government pleader brought to my notice a circularissued by the state land board bearing no.l.b. a3/1022/2022 dated 19.06.2023 wherein direction has been issued regarding the procedure for issuing a duplicate purchase certificate in cases where the same has been lost and the learned government pleader would submit that appropriate action in this regard will be taken in view of exts.p5 and p6 judgments as well as the circular dated 19.06.2023 referred to above.in view of the above, ext.p4 order is set aside with a consequentialdirection to reconsider the application (c.a.no.2529/2023) dated 20.11.2023 in accordance with law taking into consideration the directions issued in exts.p5 and p6 judgments and also the circular issued by the state land board bearing no.l.b. a3/1022/2022 dated 19.06.2023 and take a final decision in the matter, at any rate, within an outer limit of fourwp(c) no.42992 of 2023 4 months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. petitioner shall alsoproduce a copy of the writ petition along with a copy of the judgmentbefore the 4th respondent. sd/- viju abraham judge cks wp(c) no.42992 of 2023 5 appendix of wp(c) 42992/2023 petitioner exhibits exhibit p-1 a true copy of deed no. 1331/1991 of chevayoor sub-registrar office dated exhibit p-2 a true copy of the possession certificate no. k.dis.74919389 dated kottooli village office exhibit p-3 a true copy of the basic tax receipt no. k.dis.110112406204 dated kottooli village office exhibit p-4 a true copy of the letter dated the special tahsildar, land.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 42992 OF 2023 PETITIONER: AJITH KUMAR T.K., AGED 71 YEARS S/O. T.K GOPALAN NAIR, "VINAYA PURI", KUTHIRAVATTOM P.O, KOZHIKODE., PIN - 673016 BY ADVS. T.D.SUSMITH KUMAR T.O.DEEPA JAYKAR.K.S. C.SIVADAS RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE, KOZHIKODE COLLECTORATE, CIVIL STATION, KOZHIKODE, PIN - 673020 3 TAHSILDAR KOZHIKODE TALUK OFFICE, CIVIL STATION, KOZHIKODE, PIN - 673020 4 SPECIAL TAHSILDAR (L.R) LAND TRIBUNAL, KOZHIKODE., PIN - 673005 5 VILLAGE OFFICER KOTTOOLI VILLAGE OFFICE, KOZHIKODE, PIN - 673016

OTHER PRESENT: SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.42992 of 2023 2

VIJU ABRAHAM, J.

................................................................. W.P (C) No.42992 of 2023 ................................................................. Dated this the 12th day of January, 2024

JUDGMENT

Petitioner has approached this Court seeking a direction to respondents to issue a certified copy of purchase certificate no.743/79 dated 14.06.1979 issued by the Land Tribunal, Kozhikode or in the alternative, to reconstruct the file and issue a duplicate purchase certificate forthwith.

2. Petitioner is a senior citizen, who is the owner and in possession of

land admeasuring 0.0192 hectares comprised in re-survey block no.001, re-survey no.90/28 (old survey no.100/4, old re-survey no.90/5B) in Kottooli Village of Kozhikode Taluk, Kozhikode obtained as per Ext.P1 deed. Petitioner was issued with Ext.P2 possession certificate and has been remitting tax as is evident from Ext.P3. In respect of the said property a purchase certificate bearing no.743/79 dated 14.06.1979 was issued by the land Tribunal, Kozhikode and the said purchase certificate is referred to in Ext.P1 deed also. Petitioner submits that the purchase certificate bearing no.743/79 dated 14.06.1979 issued by the land Tribunal, Kozhikode was irrecoverably lost from his possession.

WP(C) No.42992 of 2023 3

Thereupon he made an application before the 4th respondent for obtaining a copy of the purchase certificate which has been rejected as per Ext.P4. Petitioner relies on Ext.P5 and P6 judgments wherein in similar circumstances this Court has issued directions to the respondents to retrieve/trace out the concerned file forthwith and if the same is not possible, to reconstruct the file and to issue a duplicate purchase certificate to the petitioners therein on satisfaction of the requirements in accordance with the relevant rules and remitting the charges, if any payable.

3. The learned Government Pleader brought to my notice a circular

issued by the State Land Board bearing no.L.B. A3/1022/2022 dated 19.06.2023 wherein direction has been issued regarding the procedure for issuing a duplicate purchase certificate in cases where the same has been lost and the learned Government Pleader would submit that appropriate action in this regard will be taken in view of Exts.P5 and P6 judgments as well as the circular dated 19.06.2023 referred to above.

In view of the above, Ext.P4 order is set aside with a consequential

direction to reconsider the application (C.A.No.2529/2023) dated 20.11.2023 in accordance with law taking into consideration the directions issued in Exts.P5 and P6 judgments and also the circular issued by the State Land Board bearing no.L.B. A3/1022/2022 dated 19.06.2023 and take a final decision in the matter, at any rate, within an outer limit of four

WP(C) No.42992 of 2023 4 months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. Petitioner shall also

produce a copy of the writ petition along with a copy of the judgment

before the 4th respondent. Sd/- VIJU ABRAHAM JUDGE cks WP(C) No.42992 of 2023 5 APPENDIX OF WP(C) 42992/2023 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF DEED NO. 1331/1991 OF CHEVAYOOR SUB-REGISTRAR OFFICE DATED Exhibit P-2 A TRUE COPY OF THE POSSESSION CERTIFICATE NO. K.DIS.74919389 DATED KOTTOOLI VILLAGE OFFICE Exhibit P-3 A TRUE COPY OF THE BASIC TAX RECEIPT NO. K.DIS.110112406204 DATED KOTTOOLI VILLAGE OFFICE Exhibit P-4 A TRUE COPY OF THE LETTER DATED THE SPECIAL TAHSILDAR, LAND TRIBUNAL, KOZHIKODE Exhibit P-5 A TRUE COPY OF ORDER DATED 04/09/2013 IN CHINNAMMA JOSEPH VS. DISTRICT COLLECTOR [WP(C).NO. 1125 OF 2013] Exhibit P-6 A TRUE COPY OF THE JUDGEMENT DATED KERALA [2022 KER 64044 =WP(C) NO.33986/2022]

Same Court & Year Kerala · 2024 Same Parties Ajith Kumar T.K vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham