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2024 Supreme(Online)(Ker) 77846

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.K.MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 9709/2017



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946 WP(C) NO. 9709 OF 2017 PETITIONER:

V.K.MATHEW, AGED 66 YEARS, S/O KURIAKKO, VAKKECHALIL HOUSE, PAYYAVOOR AMSOM, PAYYAVOOR DESOM, THALIPARAMBA TALUK, PAYYAVOOR P.O. KANNUR DISTRICT, PIN- 670 633 BY ADVS.

SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENTS:

1 STATE OF KERALA REP. BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LAND REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM DIST., PIN- 695 001

2 THE DISTRICT COLLECTOR, KANNUR DISTRICT, OFFICE OF THE DISRTICT COLLECTOR, CIVIL STATION, KANNUR DISTRICT, PIN-670 002

3 SPECIAL TAHSILDAR L.R.NO.II, OFFICE OF THE LAND TRIBUNAL IRIKKOR AT PAYYANNOOR, KANNUR DISTRICT, PIN- 670 307

4 THE TAHSILDAR THALIPARMBA TALUK, OFFICE OF THE TAHSILDAR, THALIPARAMBA P.O. KANNUR DIST, PIN- 670 141

5 VILLAGE OFFICER PAYYAVOOR VILLAGE, PAYYAVOOR P.O. THALIPARMBA TALUK, KANNUR DIST., PIN- 670 633 BY ADV.

SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

---------------------------------------------

W.P.(C) No. 9709 of 2017 ------------------------------------------------------

Dated this the 05th day of July, 2024

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents 3rd respondent to consider Exhibit P3 application of the petitioner and pass appropriate orders over it in accordance with law, within such time limit as this Hon'ble Court may deem fit to fix in the facts and circumstances of the case; and (b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to take immediate action to issue certified copies of the order passed in S.M.3572 of 1975, I Form prepared therein as also the certified copy of the Purchase Certificate issued in the said proceedings, to the petitioner; and (c) Grant such other and further reliefs as are deemed just and necessary including the costs of this proceedings.”[SIC]

2. The main prayer in this writ petition is to issue a direction to the 3rd respondent to consider Ext.P3 application submitted by the petitioner. No orders are passed in this case. This writ petition is pending before this Court from 2017 onwards. If there is any surviving grievance to the petitioner, the petitioner can file a fresh application before the 3rd respondent, and if such an application is received, the 3rd respondent can pass appropriate orders for issuing necessary certificate. If the file concerned is not available, the 3rd respondent will do the needful as per the directions in Circular No.LB.A3/1022/2022 dated 19.06.2023.

Therefore, this writ petition is disposed of in the following manner:

1. If there is any surviving grievance to the petitioner to get a copy of the purchase certificate, the petitioner is free to submit a fresh application before the 3rd respondent within 30 days from the date of receipt of a copy of this judgment.

2. If such an explanation is received, the 3rd respondent will do the needful to issue the certificate, if necessary, after going through the directions in Circular No.LB.A3/1022/2022 dated 19.06.2023, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the application.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 9709/2017 PETITIONER EXHIBITS EXHIBITP1 TRUE COPY OF THE BASIC TAX PAID RECEIPT NO.7066542 DATED 20-05-2016 IN RESPECT OF THGE PROPERTY IN RE SURVEY NO.60 OF PAYYAVOOR VILLAGE ISSUED IN THE NAME OF THE PETITIONER EXHIBITP1(A) TRUE COPY OF THE BASIC TAX PAID RECEIPT NO.7066543 DATED 20-05-2016 IN RESPECT OF THGE PROPERTY IN RE SURVEY NO.60 OF PAYYAVOOR VILLAGE ISSUED IN THE NAME OF THE PETITIONER EXHIBITP2 TRUE COPY OF THE REPLY LETTER NO.985/16 DATED 16-07-2016 ISSUED BY THE

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