IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 7^TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 WP(C) NO. 3638 OF 2024 PETITIONERS:

1 BALAKRISHNAN AGED 54 YEARS S/O KUNJAN MADAPPATTU PARAMBIL, THRITHALA P.O PALAKKAD, PIN - 6795 34

2 SUGATHAN AGED 53 YEARS S/O KUNJAN MADAPPATTU PARAMBIL, THRITHALA P.O PALAKKAD, PIN - 679 534 BY ADVS.

RAJIT AGNA PREM RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY, MINISTRY LAND REVENUE, THIRUVANANTHAPURAM, PIN - 695 001

2 OFFICE OF LAND REFORMS SPECIAL TAHSILDAR LAND TRIBUNAL KUNNAMKULAM, P.O THRISSUR, PIN - 680 503

3 MOIDHEEN S/O AMMU, KAKKAD DESOM, KUNNAMKULAM P.O, THRISSUR, PIN - 680 503 OTHER PRESENT:

B.S.SYAMANTHAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are the legal heirs of one Kunjan and Ammu. The mother of the petitioners late Ammu filed an application under Section 80B of the Kerala Land Reforms Act (for short ‘the Act’) for purchase of Kudikidappu right in respect of holding in Survey No.40/4 Anjur Village as O.A. No.44/1986 before the Land Tribunal, Chavakkad. The land lord opposed the application stating that in fact the father of the petitioners namely, Kunjan was in possession of the property. During the pendency of the said proceedings, the father of the petitioners namely, Kunjan died. The Land Tribunal, Chavakkad allowed O. A. No.44/1986 as per Ext.P1 order holding that Sri. Kunjan, late husband of Ammu was a kudikidappukaran and the building in question was a hut. Even though, the said order was challenged by Ammu and the land lord before the Appellate Authority as well as before this Court, the order of the Land Tribunal was confirmed. Thereafter, Ammu also died. The petitioners, being the only legal heirs of late Kunjan and Ammu, filed an application invoking Section 80C of the Act for issuance of certificate of purchase. Since, the 2nd respondent did not take any action on the said application, the petitioners have approached this Court.

2. I have heard Sri. Rajit, the learned counsel for the petitioners as well as Sri. B. S. Syamanthak, the learned Government Pleader. Notice to the 3^rd respondent has been dispensed with.

3. Ext.P1 order, declaring late father of the petitioners, Sri. Kunjan as the Kudukidappukkaran in respect of the holding in question has become final. Ext.P2 is the order of this Court confirming Ext.P1 order. As per Section 80C of the Act, as soon as the order of Land Tribunal under Sub-section (3) of Section 80B of the Act has become final, the Land Tribunal shall issue certificate of purchase in the prescribed form and thereupon the right, title and interest of the land owner, or the intermediaries if any, shall vest in the kudikidappukkaran free from all encumbrances with effect from the date on which the order of the Land Tribunal under Sub-section (3) has become final.

4. In the counter statement filed by the respondent, it is stated that the Land Tribunal directed the petitioners to submit application under Section 80B(2) of the Act for fresh enquiry and procedure. Once an order is passed by the Land Tribunal under Section 80B of the Act declaring a person as kudikidappukaran, on his death, his legal heirs are entitled to get the certificate of purchase issued under Section 80 C of the Act. On the death of the original kudikidappukaran, the petitioners became the kudikidappukars. They need not file any fresh application under Section 80B(2) of the Act. The 2^nd respondent is bound to issue purchase certificate to the petitioners. Hence, the 2^nd respondent is directed to issue purchase certi petitioners in accordance with law under Section 80 C of the Act.

The Writ Petition is allowed as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE SSG APPENDIX OF WP(C) 3638/2024 PETITIONERS' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF OA NO.

44/1986 DATED 05-09-1996 OF THE LAND TRIBUNAL CH