IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 34864 of 2004(A) -------------------------- AGAINST THE ORDER IN IA 78 2003 IN SMC.618/1973 of LAND TRIBUNAL, KOZHIKODE .................... PETITIONER(S): --------------- C.M. MATHEW, S/O. MATHEW, KARYAKUNNU DESOM, KASBA VILLAGE, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): --------------- 1. THE LAND TRIBUNAL, KOZHIKODE. 2. PUNATHIL RAMADAS, 17/246, PAVAMANI ROAD, KASBA VILLAGE, KOZHIKODE-1.(DIED) ADDL. 3. YASODA, P., WIFE OF LATE PUNATHIL RAMADAS, AGED 60 YEARS. PAVAMANI ROAD, KASBA VILLAGE, KOZHIKODE ADDL. 4. RAMYA, P.., DAUGHTER OF YASODA. P., PAVAMANI ROAD, KASBA VILLAGE, KOZHIKODE. ADDL. R3 AND R4 ARE IMPLEADED AS PER ORDER ON I.A. 8647 OF 2006 DATED 23.8.06. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R2 SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR ADDL.R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RECEIPT DATED 1.9.2003 OBTAINED TO THE PETITIONER FOR THE AYMENT OF LAND TAX. EXT.P2 TRUE COPY OF THE KARIMA KACHIT DATED 18.2.1927 EXT.P3 TRUE COPY OF THE PURCHASE CERTIFICATE DATED 15.10.1975 ISSUED IN THE NAME OF THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT IN I.A. NO. 78 OF 2003 IN SMC NO.618 OF 1973 DATED 4.2.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 34864 OF 2004 -------------------------------------------- Dated this the 7th day of July, 2009 JUDGMENT W.P.C. is filed for direction to the Tahsildar to correct the certificate of purchase issued to addl. respondents 3 and 4 who are the legal heirs of the second respondent, who is no more. I have heard counsel appearing for the petitioner and counsel appearing for addl. respondents 3 and 4. Petitioner's case is that application for certificate of purchase was made by the deceased second respondent based on Ext.P2 lease given by the petitioner. Ext.P2 is a copy of the document by which property is said to have been given to the deceased on lease. The extent of the land assigned to deceased person is stated to be 19x15-1/4 Asari Kol. However, it is seen that in Ext.P2, the document by which petitioner gave lease to the deceased person, the property is shown as 9x15-1/4 Asari Kol. It is not known whether along with the property covered by Ext.P2 the deceased claimed any other property when he applied for certificate of purchase. Even though the extent of land stated in Ext.P3 does not intrinsically reveal any mistake, if the 2 claim of the deceased was based on Ext.P2 only, then certainly there is a mistake in the extent of the land covered by the patta. Petitioner's case is that first respondent declined to correct the patta as he has no jurisdiction in the matter. I therefore dispose of the W.P. directing the first respondent to issue notice to the petitioner and to additional respondents 3 and 4, make physical verification of the land held by addl. respondents 3 and 4 and consider the documents produced by the parties and if traceable, retrieve the application for certificate of purchase made by the deceased second respondent and make correction to the extent required in the patta. (C.N. RAMACHANDRAN NAIR) Judge kk 3