RADHAKRISHNAN C Vs. SPECIAL TAHSILDAR, LAND TRIBUNAL, PALAKKAD

JUDGEMENT

(1.) The petitioner claims to be the absolute owner and in exclusive possession of 0.2590 hectares in Sy.No.4064 and 0.5034 hectares in Sy.No.4059 in Block No.87, Ward No.5 in Palakkad No.III Village. That he obtained that property as per partition deed No.141/1974 of S.R.O., Palakkad, effected between the petitioner and his brothers. That when the petitioner's father was alive, he had submitted an application for patta, which was allowed as per order dated 26.11.1982 in O.A.No.1066/1972 rendered by the Land Tribunal, Palakkad. The purchase price fixed therein was Rs. 11,560/- payable in 16 annual instalments of Rs. 722.50/-. The petitioner's father had remitted 5 instalments till 6.12.1979 as evidenced by Ext.P-3. The petitioner states that as he has right over the property in question, he is prepared to pay the balance purchase price. That in view of Ext.P-1 order, petitioner's father, Chellan, was entitled to get purchase certificate issued in favour of him and as the petitioner is now the absolute owner and in exclusive possession of the property in question, he is entitled to get copy of purchase certificate allowed on the basis of Ext.P-1 order, etc.

(2.) The pleading in this petition are not very clear as to whether the purchase certificate was actually issued to the petitioner's father on the basis of Ext.P-1 order dated 26.11.1982 of the Land Tribunal, Palakkad. The petitioner proceeds on the premise that in case the purchase certificate has already been issued to his father, then the competent authority of the respondents could issue him certified copy or duplicate copy of the said purchase certificate. That if as a matter of fact, in case purchase certificate was not issued to his father, then the competent authority of the respondents should take steps to grant the purchase certificate to the petitioner on the basis of Ext.P-1 as he is now having exclusive right over the property in question and that the petitioner is also prepared to pay the balance amounts which were to be remitted by his father along with interest thereon as prescribed in the statute. The petitioner would state that the competent authority of the 3rd respondent-Land Board has now issued Ext.P-5 Circular dated 26.2018 directing that the officers concerned should issue purchase certificate after receiving purchase money with interest from the concerned persons, on the basis of the orders that were passed allowing the application for purchase certificate. In the light of Ext.P-5 Circular, the petitioner has submitted Ext.P-6 application dated 28.3.2018 for purchase certificate in the light of Ext.P-5 order and on the basis of Ext.P-1 order, as the petitioner is now having title over the property in question, etc. That since the present Writ Petition was pending, the 1st respondent has communicated the decision as per Ext.P-7 letter dated 26.4.2018 stating that the request of the petitioner at Ext.P-6 application could be considered only after the disposal of the Writ Petition as the matter is now pending before this Court.

(3.) Heard Sri.T.M.Chandran, learned counsel for the petitioner and Smt.A.C.Vidhya, learned Government Pleader appearing for the respondents.