MOHANAN Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The petitioners are seeking for a direction to issue purchase certificate without insisting for the production of succession certificate. Both the petitioners are respectively, the applicants in S.M.Nos.87/1998 and 88/1998 on the file of the Land Tribunal, Thiruvananthapuram, viz. the first respondent herein.

(2.) In S.M. No.87/1998 the claim is in respect of 1 acre and in S.M.No.88/1998 the claim is in respect of 1 acre and 67 cents. It is pointed out that as per the directions of the Land Tribunal, the Taluk Surveyor has prepared a sketch and plan with respect to the property possessed by the petitioners, but since the purchase certificates were not issued, the petitioners submitted a request before the Tribunal on 1.7.2010 for early disposal of the applications. Thereafter, they have approached this Court by filing W.P.(C) No.25240/2010 which was disposed of by Ext.P1 judgment. Consequently, the Land Tribunal passed Ext.P2 order dated 15.12.2010. The claim in respect of the parties in the two cases have been upheld and finally in the operative portion, it is mentioned that the purchase certificate will be issued to the applicants in respect of the subject property as and when they produce succession certificate.

(3.) The petitioners contend that since the parties are before the Land Tribunal, there is no necessity to get a succession certificate. In S.A. No.52/1981 which was an appeal filed against a suit for declaration of title, the petitioners here are respondents also. Both parties have remitted the fair rent as evident from Exts. P3 and P4 challan receipts. Ext.P5 is the application submitted by the first petitioner for issuance of purchase certificate and Ext.P6 is the application submitted by the second petitioner. It is stated that no reply has been received and accordingly this writ petition has been filed.