IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 14374 of 2009(N) --------------------------------------- PETITIONER: ------------------- S.ASOKAN, S/O. SUKUMARAN, ARUNODAYAM, CHALAKUDY P.O., THRISSUR-680 307. BY ADVS. MR. K.K.M.SHERIF, MR.LAL K.JOSEPH, SMT.SHEENA SAMUEL. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (L.R.), MINI CIVIL STATION, THRIPUNITHURA, ERNAKULAM. 3. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER MR. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14374/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 2232/1977 DTD. 10/10/1997. EXT.P.2: COPY OF THE PROCEEDINGS DTD. 16/01/1978 IN S.M.P. 1159/1977. EXT.P.3: COPY OF THE DEMAND NOTICE DTD. 11/04/1979 ISSUED BY HEAD MINISTERIAL OFFICER, LAND TRIBUNAL OFFICE, EDAPPALLY. EXT.P.4: COPY OF THE PAYMENT RECEIPT DTD. 30/04/1979 EVIDENCING THE PAYMENT OF RS.86.58. EXT.P.5: COPY OF THE SETTLEMENT DEED NO.1699/2003 DTD. 09/08/2003. EXT.P.6: COPY OF THE TAX RECEIPT DTD. 23/04/2009. EXT.P.7: COPY OF THE POSSESSION CERTIFICATE NO. 2049/09 DTD. 25/04/2009 ISSUED BY VILLAGE OFFICER, MANAKUNNAM, UDAYAMPEROOR. EXT.P.8: COPY OF THE COMMUNICATION DTD. 25/04/2009 OF S. ASOKAN ADDRESSED TO THE SPECIAL THASILDHAR (LA). EXT.P.9: COPY OF THE COMMUNICATION NO. 1038/2009 DTD. 19/05/2009 FROM SPL. TAHSILDAR (LA) TO SRI. S. ASOKAN. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J ........................................... WP(C).NO.14374 OF 2009-N ............................................ DATED THIS THE 18th DAY OF SEPTEMBER, 2009 JUDGMENT Heard Sri.K.K.M.Sheriff, the learned counsel appearing for the petitioner and Sri.K.Ramesh, the learned Government Pleader appearing for the respondents. 2. The petitioner was the cultivating tenant in respect of 40 cents of land situated in Survey No.20/3A of Manakunnam Village in Kanayannur Taluk. After the Kerala Land Reforms Act was enacted and brought into force, suo moto proceedings under Section 72 of the Kerala Land Reforms Act were initiated in respect of the said holding. Ext.P2 order was thereupon passed on 16.1.1978 allowing the petitioner to purchase the right, title and interest of the land owner and the intermediaries if any in respect of the said holding on payment of the purchase price Rs.84.48 in lump. The purchase prise had to be paid within nine months from the date on which the order of assignment attains finality. The petitioner did not admittedly pay the purchase prise within the time stipulated. He however remitted the purchase prise on 30.4.1979. The petitioner did not even thereafter apply for issue of the certificate of purchase. He thereafter alienated the land in favour of his wife and son by executing Ext.P5 settlement deed and mutation was also effected in their favour. Long thereafter, the petitioner filed Ext.P8 representation before the second respondent requesting him to issue the certificate of purchase. A copy of Ext.P2 was also enclosed along with it. That request was declined and the decision communicated to him by Ext.P9 letter dated 19.5.2009 on the ground that the certificate of purchase cannot be issued 31 years after the assignment was ordered. Ext.P9 is under challenge in this writ petition, wherein the petitioner seeks a writ in the nature of mandamus commanding the second respondent to issue a certificate of purchase to him or in favour of his assignees. 3. The petitioner contends that as the cultivating tenant of the holding described in Ext.P2 order he is entitled to have the certificate of purchase issued to him or in favour of his assignees. The second respondent has filed a counter affidavit justifying the stand taken by him in Ext.P9. However, it is stated that the owner of the land can apply afresh for a certificate of purchase. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is not in dispute that Ext.P2 order was passed assigning the right, title and interest of the land owner and the intermediaries to the petitioner, on payment of the purchase price of Rs.84.48 in lump. The fact that such an order has been issued is not in dispute. The identity of the petitioner is also not in dispute. The mere fact that more than 31 years have passed after Ext.P2 order was pass cannot therefore be a reason to decline to issue a certificate of purchase in the name of the petitioner. However, in view of the admitted fact that by Ext.P5 settlement deed the holding in respect of which Ext.P2 order passed has been settled by the petitioner on his wife and son, long after the certificate of purchase was ordered to be issued to him, the transferees from the petitioner should also join the petitioner while making the request for the issue of a certificate of purchase. I accordingly dispose of this writ petition with a direction that in the event of the petitioner and the transferees from him making a joint request to the second respondent to issue a certificate of purchase in respect of the land described in Ext.P2 order, the second respondent shall issue a certificate of purchase in the name of the petitioner within one month from the date on which a request for issue of a certificate of purchase is received by him. The second respondent shall deliver the original of the certificate of purchase to the transferees from the petitioner under valid acknowledgment and such delivery shall not be questioned by the petitioner who has no subsisting title or interest in or upon the land. P.N.RAVINDRAN, JUDGE ab