IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 12289 of 2008(K) --------------------------------------- PETITIONER(S): --------------------- RAMADASAN K., KUNNATH HOUSE, KEEZHUR, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM. 2. THE VILLAGE OFFICER, TRIKKADERI. OTTAPPALAM, PALAKKAD DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12289/2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SETTLEMENT DEED NO.3599/2005 DATED 30/08/2005. EXT.P2: COPY OF THE PURCHASE CERTIFICATE DATED 02/03/1983. EXT.P3: COPY OF THE APPLICATION DATED 21/02/2006, PREFERRED BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 02/03/2006. EXT.P5: COPY OF THE ORDER DATED 16/01/2008 ISSUED BY THE 1ST RESPONDENT WHILE REJECTING THE APPLICATION OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12289 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd July, 2009. J U D G M E N T 78 cents of land in Sy. No. 39/8 of Trikkaderi Village in Ottappalam Taluk in Palakad District was assigned in favour of the petitioner's father by Ext. P2 certificate of purchase issued by the Sreekrishnapuram Land Tribunal under the Kerala Land Reforms Act. That land was settled in favour of the petitioner by his father as per settlement deed dated 30-8-2005 of Cherplasserry Sub Registrar's Office, which is produced by the petitioner as Ext. P1. The petitioner has thereafter filed an application under the Malabar Land Registration Act for registration of the land in his name. That has been rejected by Ext. P5 order. The petitioner is challenging Ext. P5 order seeking the following reliefs: “(i) call for the entire records which led to Ext. P5 and quash the same by the issuance of a writ in the nature of certiorari or any other appropriate writ, direction or order. (ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to register the land mentioned in Ext. P1 and P2 in the name of the petitioner and to accept tax for the land.” 2. The contention of the learned Government Pleader is that in Ext. P2, the land has been assigned in favour of one Sri. K. Kumaran, S/o. Ammuamma, Kizhakkethil Valparambil, P.O. Kizhoor, whereas Ext. P1 settlement deed has been executed by one Kumaran Nair, S/o. Dakshyaniamma, of Kunnathu veettil, Kuttikkoda desom and therefore the land cannot be registered in the name of the petitioner. He also points out that in Ext. P1, after initially including the number of the certificate of purchase, the same has been scored off. 3. I have heard both sides. 4. Between Exts.P1 and P2, clearly there are some W.P.C. No. 12289/08 -: 2 :- discrepancies. Therefore, it cannot be said that the action of the R.D.O is unjustified. However, I am of opinion that the petitioner should be given another opportunity to prove his claim. In the above circumstances, I dispose of this writ petition with the following directions: The petitioner may produce appropriate evidence to show that he is the son of Sri. K. Kumaran, S/o. Achuamma, Kizhakkethil Valparambil, P.O. Kizhoor, who has obtained Ext. P2 certificate of purchase and that it is the very same person, who has executed Ext. P1. If the petitioner is able to produce appropriate documents to prove the same, the 1st respondent shall re-consider the matter on the basis of those documents and pass fresh orders in the place of Ext. P5. Sd/- S. Siri Jagan, Judge. Tds/