2025:KER:27049 WP(C) NO. 10837 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 10837 OF 2025 PETITIONERS: 1 RASHIDHA AGED 34 YEARS W/O. SHARAFUDHEEN, SAJEENA MANZIL, SAHYADHRI COLONY, CHANDRANAGAR P.O, PALAKKAD DISTRICT, PIN - 678007 2 NAJMA SHAMSUDHEEN AGED 32 YEARS D/O. SHAMSUDHEEN, VANNERIVALAPPIL HOUSE, AKATHIYOOR P.O, THRISSUR DISTRICT, PIN - 680519 3 MARIYAMMA MATHAI AGED 71 YEARS W/O. LATE MATHAI, THONDANPALLIYIL HOUSE, AANAKKAL P.O, MALAMPUZHA, PALAKKAD DISTRICT; NOW RESIDING AT THONDANPALLIYIL HOUSE, UPPUTHODU P.O, IDUKKI DISTRICT, PIN - 685604 4 SIBI MATHEW AGED 46 YEARS S/O. LATE MATHAI, THONDANPALLIYIL HOUSE, 2025:KER:27049 WP(C) NO. 10837 OF 2025 2 AANAKKAL P.O, MALAMPUZHA, PALAKKAD DISTRICT, NOW RESIDING AT THONDANPALLIYIL HOUSE, UPPUTHODU P.O, IDUKKI DISTRICT, PIN - 685604 BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB ANJANA KRISHNAN BHARATH KRISHNAN G. ANJANA A.S. RESPONDENTS: 1 THE LAND TRIBUNAL (THE DEPUTY COLLECTOR, LAND REFORMS), PALAKKAD OFFICE OF THE DEPUTY COLLECTOR (LAND REFORMS), CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001 2 THE VILLAGE OFFICER MALAMPUZHA-1 VILLAGE OFFICE, MALAMPUZHA P.O, PALAKKAD DISTRICT, PIN - 678541 SMT. DEVISHREE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27049 WP(C) NO. 10837 OF 2025 3 T.R. RAVI, J. -------------------------------------------- W.P.(C). No.10837 of 2025 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The petitioner has challenged Ext.P8 order issued by the 1st respondent. The properties involved originally belonged to one Mathai and petitioners 3 & 4 are the legal heirs of late Mathai. Petitioners 3 & 4 had filed an application for purchase certificate with respect to the land covered by Ext.P1. The proceedings, numbered as S.M.No.357/2010, was pending before the 1st respondent. Petitioners 3 & 4 later executed Ext.P3 sale deed and sold the properties to Smt.Radhambika. They also filed an affidavit before the 1st respondent seeking to implead Smt.Radhambika in the S.M. proceedings. Pending the proceedings, Smt.Radhambika sold the property to petitioners 1 & 2 as per Ext.P5 sale deed. Consequently, an affidavit was filed before the 1st respondent seeking to implead petitioners 1 & 2 in the S.M. proceedings for issuance of purchase certificate in their favour, since they were the cultivating tenants of the property, enjoying lawful possession. Without noticing the two transfers, which had been effected through Exts.P3 & P5, the fact that 2025:KER:27049 WP(C) NO. 10837 OF 2025 4 the petitioners 1 & 2 were the present owners of the property, and the application to get impleaded in the proceedings, the 1st respondent has issued Ext.P8 order rejecting the application on the ground that there was no appearance for the parties. It is in the above circumstances that this writ petition is filed seeking to set aside Ext.P8 and to reconsider S.M.No.357/2010 with notice to petitioners 1 & 2, who are the present owners. 2. A reading of Ext.P8 would clearly show that petitioners 1 & 2 were never put on notice. It is also evident that the order was passed without noticing the fact that applications had been filed seeking to implead the present owners. In the above circumstances, Ext.P8 is not sustainable in law. The writ petition is allowed. Ext.P8 is set aside. There will be a direction to the 1st respondent to reconsider S.M.No.357/2010 and dispose of the same, with notice to petitioners 1 & 2, as expeditiously as possible, at any rate, within eight months from the date of receipt of a certified copy of this judgment. Sd/- T.R. RAVI JUDGE Pn 2025:KER:27049 WP(C) NO. 10837 OF 2025 5 APPENDIX OF WP(C) 10837/2025 PETITIONER'S EXHIBITS Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE LAND ISSUED BY THE SECOND RESPONDENT, DATED 04.07.2023. Exhibit-P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DATED 10.06.2011. Exhibit-P3 A TRUE COPY OF THE SALE DEED NUMBER 3291/2010 OF SRO OLAVAKKODE, DATED 29.09.2010. Exhibit-P4 A TRUE COPY OF THE AFFIDAVIT EXECUTED BY THE PETITIONERS 3 & 4 BEFORE THE FIRST RESPONDENT, DATED 03.06.2023. Exhibit-P5 A TRUE COPY OF THE SALE DEED NUMBER 1405/2023 OF SRO OLAVAKKODE, DATED 09.06.2023. Exhibit-P6 A TRUE COPY OF THE AFFIDAVIT EXECUTED RADHAMBIKA BEFORE THE FIRST RESPONDENT, DATED 09.06.2023. Exhibit-P7 A TRUE COPY OF THE COMMUNICATION DATED 21.10.2024 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT. Exhibit-P8 A TRUE COPY OF THE ORDER DATED 28.10.2022 ISSUED BY THE FIRST RESPONDENT.