LAWS(KER)-2019-12-255

ELIZABATH Vs. VILLAGE OFFICER

Decided On December 09, 2019
Elizabath Appellant
V/S
VILLAGE OFFICER Respondents

JUDGEMENT

(1.) This is a petition filed seeking review of the judgment dated 31.7.2018 in Writ Appeal No.1845/2016. Learned counsel for the review petitioner would point out that the observations in paragraph 1 and 5 of the judgment, suggest that the petitioner's husband had purchased property to the extent of 5 cents pursuant to a private sale, whereas in fact he had obtained the 5 cents of land under a purchase certificate issued under the provisions of the Kerala Land Reforms Act. According to the learned counsel, a correction of the said factual mistake would remove the very basis of the judgment that upheld the finding recorded by the learned single judge, and dismissed the writ appeal of the petitioner herein.

(2.) We have heard Sri.S.Sanal Kumar, learned counsel for the petitioner and the learned Government Pleader for the respondents.

(3.) On a consideration of the rival submissions, we are convinced that, although there was a mistake occasioned in the judgment while recording the manner in which the 5 cents of land was obtained by the petitioner's husband, and the said extent of land was obtained by the writ petitioner's husband through a purchase certificate, that was issued under the Kerala Land Reforms Act, a correction of said factual mistake will not in any way affect the ultimate decision rendered in the writ appeal. Accordingly, we dispose the review petition by merely clarifying that the 5 cents of land obtained by the petitioner's husband was pursuant to a purchase certificate issued under the Kerala Land Reforms Act. Further, taking note of the submissions made with regard to the petitioner's claim to title over the said property, as against the rival claim raised by the 4th and 5th respondents, we make it clear that, nothing in the judgment shall stand in the way of the petitioner establishing her title over the said extent of property before a Civil Court of competent jurisdiction, and thereafter approaching the Revenue Authorities for effecting consequential changes in the revenue records.