Mathews vs the District Collector

Mathews vs The District Collector

Type Court Judgment Court Kerala Decided Jun 30, 2023

~3 min read

https://sooperkanoon.com/case/1368794

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/1368794
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jun 30, 2023
Case Number: WP(C)/21383/2022

Parties & Advocates

Appellant / Petitioner

Mathews

Respondent

The District Collector

Excerpt

.....the files relating to ext.p1 wp(c) no. 21383 of 2022 3 purchase certificate could not be traced out.3. learned counsel appearing for the petitioner wouldsubmit that the petitioner will produce all necessary records before the 2nd respondent and the 2nd respondent may be directed to take a decision in the matter, in accordance with the law and after affording an opportunity of hearing to the petitioner. it is submitted that the petitioner will be able to substantiate that the survey number mentioned in ext.p1 purchase certificate is actually a clerical mistake. having heard the learned counsel appearing for the petitioner and the learned senior government pleader, the writ petition will stand disposed of, directing that if the petitioner prefers a representation before the 2 nd respondent together with copies of all documents that he may rely on to establish that the survey number mentioned in ext.p1 purchase certificate is actually a clerical mistake, the 2nd respondent shall consider such representation and take a decision thereon, in accordance with the law, within a period of three months from the date of receipt of a certified copy of this judgment. sd/- gopinath p. judge ajt wp(c) no. 21383 of 2022 4 appendix of wp(c) 21383/2022 petitioner exhibits exhibit p1 true copy of the purchase certificate no.439/1979 in sm 789/78 issued by the land tribunal palakkad dated 16/4/1979. exhibit p2 true copy of the submission of the village officer, malampuzha dated 27/9/03. exhibit p3 true copy of the representation of the petitioner before the deputy collector, land tribunal, palakkad dated 4/12/2021. exhibit p4 true copy of the reply of the deputy collector (lr) dated 29/1/2022.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 WP(C) NO. 21383 OF 2022 PETITIONER/S: MATHEWS,AGED 54 YEARS S/O MATHEW, PINEAPPLE HOUSE, MUTHIRAMKUNNU, KADUKKAMKUNNU, MALAMPUZHA P.O., PALAKKAD, PIN -678651. BY ADVS. B.PREMNATH (E) SARATH M.S. RESPONDENT/S: 1 THE DISTRICT COLLECTOR CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN- 678001. 2 THE DEPUTY COLLECTOR (LR) COLLECTORATE, CIVIL STATION, PALAKKAD, PIN -678001. 3 LAND TRIBUNAL KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN- 678001. 4 THE VILLAGE OFFICER, MALAMPUZHA, PALAKKAD, PIN -678621. SMT. PREETHA K.K. SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21383 OF 2022 2

JUDGMENT

Petitioner purchased certain extent of property from one Joseph through registered document No.2430 of 2003 registered at the S.R.O,, Olavakkode. The predecessor in interest of the petitioner (the aforesaid Joseph) obtained title to the land in terms of a purchase certificate bearing No.439/1979 in S.M. 16.04.1979. According to the petitioner, the survey number of the land obtained by the aforesaid Joseph is mentioned wrongly in the purchase certificate. While the purchase certificate bears the survey number of the property as 372/8/ pt, the survey number as per the revenue records is 277/4 pt of Malampuzha village. Ext.P3 request was made by the petitioner is before the Deputy Collector, Land Tribunal, Palakkad [as the land now come under the jurisdiction of Land Tribunal, Palakkad] to correct the survey number. That request of the petitioner has been turned out by Ext.P4, stating that no records are available to consider the request made by the petitioner for correction of the survey number in the purchase certificate.

2. Learned Senior Government pleader, on instructions, would submit that despite best efforts, the files relating to Ext.P1 WP(C) NO. 21383 OF 2022 3 purchase certificate could not be traced out.

3. Learned counsel appearing for the petitioner would

submit that the petitioner will produce all necessary records before the 2nd respondent and the 2nd respondent may be directed to take a decision in the matter, in accordance with the law and after affording an opportunity of hearing to the petitioner. It is submitted that the petitioner will be able to substantiate that the survey number mentioned in Ext.P1 purchase certificate is actually a clerical mistake. Having heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader, the writ petition will stand disposed of, directing that if the petitioner prefers a representation before the 2 nd respondent together with copies of all documents that he may rely on to establish that the survey number mentioned in Ext.P1 purchase certificate is actually a clerical mistake, the 2nd respondent shall consider such representation and take a decision thereon, in accordance with the law, within a period of three months from the date of receipt of a certified copy of this judgment. Sd/- GOPINATH P. JUDGE ajt WP(C) NO. 21383 OF 2022 4 APPENDIX OF WP(C) 21383/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO.439/1979 IN SM 789/78 ISSUED BY THE LAND TRIBUNAL PALAKKAD DATED 16/4/1979. Exhibit P2 TRUE COPY OF THE SUBMISSION OF THE VILLAGE OFFICER, MALAMPUZHA DATED 27/9/03. Exhibit P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE DEPUTY COLLECTOR, LAND TRIBUNAL, PALAKKAD DATED 4/12/2021. Exhibit P4 TRUE COPY OF THE REPLY OF THE DEPUTY COLLECTOR (LR) DATED 29/1/2022.

Same Court & Year Kerala · 2023 Same Parties Mathews vs The District Collector Same Judge Honourable Mr. Justice Gopinath P.