IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 32316 of 2009(H) -------------------------- PETITIONER(S): --------------- REETHA XAVIER, CC 26/1426, CHALANJERI ROAD, THEVARA, KOCHI-13. BY ADV. SRI. K.R.VINOD RESPONDENT(S): --------------- THE SPECIAL TAHSILDAR, LAND TRIBUNAL, ERNAKULAM. BY G.P.SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF ORDER OF LAND TRIBUNAL, ERNAKULAM DTD.29.11.1990 EXT.P2:- COPY OF AFFIDAVIT FILED BEFORE LAND TRIBUNAL, DTD.10.4.07 EXT.P3:- COPY OF REPRESENTATION DTD.20.5.2008 EXT.P4:- POSTAL ACKNOWLEDGEMENT CARD IN RESPECT OF EXT.P3 LETTER RESPONDENTS EXTS: NIL /TRUE COPY/ P.A. TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.32316 OF 2009 ------------------------------- Dated this the 14th day of JUNE, 2010 J U D G M E N T The petitioner filed an application before the Land Tribunal, Ernakulam in 1989 for purchasing her kudikidappu right in the property in Survey No.992/4 of Elamkulam Village. The Land Tribunal passed Ext.P1 order dated 29.11.1990 allowing three cents of land to the petitioner. The petitioner challenged the order of the Land Tribunal, Ernakulam before the appellate authority, who dismissed the same. Although the petitioner applied for a certified copy of the order, the petitioner has not been favoured with one on the ground that the records are missing from the office of the appellate authority. The petitioner would now be satisfied with the three cents of land allowed as per Ext.P1. The petitioner’s grievance in this writ petition is that certificate of purchase in respect of the same is not being given to the petitioner. The petitioner therefore, seeks the following reliefs: W.P.(c)No.32316/2009 2 “(a) to issue a writ in the nature of mandamus directing the respondent to consider Exhibit P3 representation and further direct to issue Patta/Purchase Certificate in respect of allotment of Kudikidappu having an extent of 3 cents comprised in Sy.No.992/4 of Elamkulam Village in the name of petitioner in the interest of justice” On 17/2/2010 this Court passed the following order: “The learned govt. pleader to ascertain and submit whether Ext.P1 order passed by the Land Tribunal, Ernakulam in O.A.No.287 of 1989 has been varied or set aside in appeal” The matter came up on 5.3.10 and 7.6.10. On 7.6.10 the Government Pleader again sought time to get the information called for by order dated 17.2.2010. Today also, the learned Government Pleader is unable to supply the information called for. In the above circumstances, I am not inclined to grant any further time to the learned Government Pleader. 2. The matter was heard. In so far as the petitioner has obtained Ext.P1 order as early as on 29.11.1990, the petitioner is entitled to the fruits of that order. Accordingly, this writ petition is disposed of with a direction to the respondent to see that certificate of purchase is issued to the petitioner as per Ext.P1 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.32316/2009 3 W.P.(c)No.32316/2009 4