E.ANANDAN NAMBIAR Vs. LAND TRIBUNAL TALIPARAMBA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following relief: i. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondents to issue purchase certificate as directed in Exhibit P1, within a time frame to be fixed by this Honourable Court.

(2.) The contention of the petitioner is that, petitioner, a tenant under the provisions of the Kerala Land Reforms Act, applied for purchase certificate by filing OA No.460/72 before the Land Tribunal, Taliparamba - the 1st respondent; by Ext.P1 order dtd. 28/2/1973, the said OA was allowed directing issue of purchase certificate on condition of remittance of purchase price in instalments. According to the petitioner in accordance with the directions contained in Ext.P1, petitioner has remitted the amount for issue of the purchase certificate evident from Ext.P2. However, the purchase certificate is not issued to the petitioner. Recently when petitioner approached the statutory authority the petitioner was informed that the original file relating to the order in question is missing and therefore petitioner was directed to submit a fresh application. It is thus challenging the legality and correctness of the said direction, the writ petition is filed.

(3.) I have heard learned counsel for the petitioner, Sri.Manu Govind, and learned Senior Government Pleader, Smt.Deepa Narayanan, and perused the pleadings and material on record. Admittedly Ext.P1 order is passed in favour of the petitioner as per Sec. 72(F) of the Kerala Land Reforms Act. Learned counsel for the petitioner submitted that original of Ext.P1is available with the petitioner and the petitioner is prepared to produce the same before the statutory authority to issue the purchase certificate.