IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 21624 of 2011(C) -------------------------- PETITIONER(S): ----------------------- KARICHERY MUTHU NAIR, S/O. KUNHAMBU NAIR, CHAVAKKADA OF JAYAPURAM IN MUNNAD VILLAGE, P.O.MUNNAD, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE APPELLATE AUTHORITY (LR), KANNUR. 3. THE SPECIAL DEPUTY COLLECTOR, LAND TRIBUNAL, KANNUR. 4. THE VILLAGE OFFICER, MUNNAD,(VIA) CHENGALA, KASARAGOD TALUK & DISTRICT. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21624/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF ORDER IN CRP NO.1911/1992 DATED 18.10.2002 ON THE FILE OF THIS HON'BLE COURT. EXT.P2: TRUE COPY OF BASIC TAX RECEIPT DT 3.8.2002 ISSUED BY R4 TO THE PETITIONER. EXT.P2(a): TRUE COPY OF BASIC TAX RECEIPT DT 1.11.2004 ISSUED BY R4 TO THE PETITIONER. EXT.P2(b): TRUE COPY OF BASIC TAX RECEIPT DT.21.12.2005 ISSUED BY R4 TO THE PETITIONER. EXT.P2(c): TRUE COPY OF BASIC TAX RECEIPT DT.18.12.2006 ISSUED BY R4 TO THE PETITIONER. EXT.P2(d): TRUE COPY OF BASIC TAX RECEIPT DT.17.10.2007 ISSUED BY R4 TO THE PETITIONER. EXT.P2(e): TRUE COPY OF BASIC TAX RECEIPT DT.3.12.2008 ISSUED BY R4 TO THE PETITIONER. EXT.P2(f): TRUE COPY OF BASIC TAX RECEIPT DT.24.2.2010 ISSUED BY R4 TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21624 OF 2011 ===================== Dated this the 24th day of August, 2011 J U D G M E N T The grievance of the petitioner is that despite this court's order in C.R.P No.1911/92, a copy of which is Ext.P1, the direction for fixing purchase price and to issue a certificate of purchase have not been complied with. 2. Pleadings show that by the order in C.R.P No.1911/92, this court recognised the petitioner's claim that he is a cultivating tenant of 3.9 acres of land in RS No.674/1C of Munnad Village, Kasargod Taluk and it was on that basis directions for fixation of purchase price and issuance of certificate of purchase were issued. Though the said order was issued as early as on 18th of October, 2002, these directions have not been complied with so far. The reason according to what the learned Government Pleader could gather is that there is no incumbent holding the post of the 3rd respondent. 3. In view of the fact that this Court has issued Ext.P1 order in the C.R.P mentioned above and as that order has become final, petitioner is entitled to get the benefits thereunder. WPC No. 21624/11 :2 : Therefore, the purchase price ought to have been fixed and the certificate of purchase ought to have been issued to him. However, taking note of the submission of the learned Government Pleader regarding the absence of the incumbent in the post of the 3rd respondent, I direct that once an incumbent joins the post, it will be open to the petitioner to produce a copy of this judgment along with a copy of the C.R.P order mentioned above, in which event, the direction in the C.R.P order shall be complied with, without any further delay. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp