IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 26473 of 2008(B) ---------------------------------------- PETITIONER(S): ------------------------- ZULFIKAR ALI, AGED 33 YEARS, S/O.LATE MAMMY, PULAKKAL HOUSE, CHATHANGADI P.O., PONMALA VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. REVENUE DIVISIONAL MAGISTRATE, TIRUR, MALAPPURAM. 4. SURVEY DEPUTY DIRECTOR, OFFICE OF THE DISTRICT SURVEY DIRECTOR, MALAPPURAM. 5. THE TAHSILDAR, TIRUR TALUK OFFICE, TIRUR, MALAPPURAM. 6. THE VILLAGE OFFICER, PONMALA VILLAGE, TIRUR TALUK, MALAPPURAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26473/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RATION CARD NO.2054057457 DT. 26.12.06. P2:- COPY OF THE SALE DEED NO.1518/82. P3:- COPY OF THE BULDING TAX RECEIPT NO.36 DT. 14.2.90. P4:- COPY OF THE CERTIFICATE NO.70/98 DT. 28.2.98. P5:- COPY OF THE PROCEEDINGS NO.B3-8519/99 DT. 6.8.03. P6:- COPY OF THE PROCEEDINGS NO.J3/870/2001 DT. 17.11.03. P7:- COPY OF THE PROCEEDINGS NO.B3-8519/99 DT. 26.12.03. P8:- COPY OF THE NOTICE NO.567/04(1) DT. 11.10.04. P9:- COPY OF THE CERTIFICATE NO.2359/04 DT. 20.10.04. P10:- COPY OF THE LETTER NO.3580/06 DT. 9.2.07. P11:- COPY OF THE PAPER REPORT DT. 16.2.07. P12:- COPY OF THE PROCEEDINGS NO.RF.D. 1141/2001 DT. 18.1.03. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 26473 of 2008 ------------------------------------ Dated this the 6th day of January, 2009 JUDGMENT The petitioner is the owner of 70 cents of land. Exhibit P2 is the document of title under which he obtained ownership over the said property. Subsequently, according to the petitioner, he obtained Exhibit P4 Pattayam also. Based on Exhibit P2 and P4, the petitioner applied for the registration of his land under Malabar Land Registration Act. Pursuant to the application so made, according to him, by Exhibit P7, Tahsildar submitted his report to the 3rd respondent. The petitioner was thereafter called by the 3rd respondent for a hearing as is seen from Exhibit P8. However, the proceeding for registration of the land under MLR Act was suspended for the reason that the Government has taken a policy decision against registration. Based on Exhibit P11 newspaper, petitioner contends that the Government have since reviewed their decision, and therefore the respondents are liable to take a final decision on this application. It is also seen from paragraph 6 of the counter affidavit filed by the second respondent that they were awaiting for certain clarifications in regard to the extent of land shown W.P.(C) No. 26473/2008 2 in Exhibit P3 Patta and the tax receipts. It is stated that once the clarifications in that regard is received, the matter will be finally decided. Thus it is obvious that a final decision on the application made by the petitioner for registration of his land under the Malabar Land Registration Act is still not taken by the 3rd respondent. In view of the pendency of the application as above, it is ordered that the 3rd respondent shall hear the petitioner and pass final order on the application made by the petitioner. This shall be done expeditiously as possible at any rate within eight weeks of production of copy of this judgment. The petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE scm