IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 37254 of 2010(F) --------------------------------------- PETITIONER(S): ------------------------ KANA KIZHAKKE VEETTIL JANAKI AMMA, PERINGOME AMSOM, PERINTHATTA DESOM, D/O.LATE UCHIRAMMA, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------------- THE SPECIAL TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, PAYYANNUR, KANNUR DISTRICT, PIN-670307. BY GOVERNMENT PLEADER SRI.T.K. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.37254/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 10/5/85 PASSEDIN S.M.1646/1978 BY THE RESPONDENT. P2 COPY OF THE APPLICATION FOR GRANT OF PURCHASE CERTIFICATE ON 10/11/2008 SUBMITTED BY THE PETITIONER AND HER SISTER BEFORE THE RESPONDENT. P3 COPY OF THE COMMUNICATION DATED 18/12/2008 ISSUED BY THE RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.37254 of 2010 -------------------------- Dated this the 19th January, 2011 J U D G M E N T Petitioner submits that by Ext.P1 order, jenm right in respect of the property mentioned therein was assigned in her favour. Thereafter she made Ext.P2 application for issuance of patta. To that application, respondent has issued Ext.P3 communication stating that since the file concerning S.M.P. No1646/78 are misplaced, they are not in a position to proceed with Ext.P2. It is complaining of the above, the writ petition is filed. 2. If as stated in Ext.P3, the files are misplaced, necessarily files have to be reconstructed. For the reason that files are misplaced respondent cannot deny purchase certificate to the petitioner for ever. It is for the respondent to find out the ways and means to solve the issue. Therefore, I dispose of this writ petition directing that on production of a copy of this judgment along with a copy W.P (C) No. 37254 of 2010 2 of the writ petition, respondent will reconstruct the file, consider Ext.P2 application and pass orders thereon. This shall be done within six months of production of a copy of this judgment along with a copy of the writ petition. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 37254 of 2010 3