E.Anandan Nambiar vs Land Tribunal Taliparamba, Kannur, Pin 670141

Shaji P. Chaly, J

This writ petition is filed by the petitioner seeking the following relief:

i. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondents to issue purchase certificate as directed in Exhibit P1, within a time frame to be fixed by this Honourable Court.

The contention of the petitioner is that, petitioner, a tenant under the provisions of the Kerala Land Reforms Act, applied for purchase certificate by filing OA No.460/72 before the Land Tribunal, Taliparamba – the 1st respondent; by Ext.P1 order dated 28.02.1973, the said OA was allowed directing issue of purchase certificate on condition of remittance of purchase price in instalments. According to the petitioner in accordance with the directions contained in Ext.P1, petitioner has remitted the amount for issue of the purchase certificate evident from Ext.P2. However, the purchase certificate is not issued to the petitioner. Recently when petitioner approached the statutory authority the petitioner was informed that the original file relating to the order in question is missing and therefore petitioner was directed to submit a fresh application. It is thus challenging the legality and correctness of the said direction, the writ petition is filed.

I have heard learned counsel for the petitioner, Sri.Manu Govind, and learned Senior Government Pleader, Smt.Deepa Narayanan, and perused the pleadings and material on record. Admittedly Ext.P1 order is passed in favour of the petitioner as per Section 72(F) of the Kerala Land Reforms Act. Learned counsel for the petitioner submitted that original of Ext.P1is available with the petitioner and the petitioner is prepared to produce the same before the statutory authority to issue the purchase certificate.

Learned Government Pleader on instructions submitted that, if and when the files are missing a guideline is issued by the Taluk Landlord for the purpose of issuing purchase certificate and accordingly the petitioner may have to submit a fresh application.

I have evaluated the rival submissions made across the bar. In my considered opinion, when Ext.P1 order is passed and the original is available with the petitioner it is always open to the statutory authority to issue a purchase certificate relying upon Ext.P1 order passed by the statutory authority.

In that view of the matter, there is no requirement for submission of any fresh application by the petitioner. The competent among the respondents is directed to restructure the file on the basis of Ext.P1 and issue a purchase certificate to the petitioner at the earliest, at any rate, within a month from the date of receipt of a copy of this judgment. I make it clear that, if the authority requires the petitioner to produce original of Ext.P1; it shall be produced by the petitioner before the said authority.