WP(C) NO. 13036 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 13036 OF 2021
PETITIONER/S:
K.B. JAYAKRISHNAN
AGED 64 YEARS
S/O LATE BALAKRISHNAN, KUNNUKAD HOUSE,
THOTTUPALAM, KINASSERY P.O., PALAKKAD - 678701.
BY ADVS.
R.HARISHANKAR
PARVATHY NAIR
RESPONDENT/S:
SPECIAL TAHSILDAR, LAND TRIBUNAL,
PATTAMBI, MINI CIVIL STATION, OTTAPALAM,
PIN - 679101.
SMT VIDHYA A.C, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13036 OF 2021 2
JUDGMENT
The above-captioned Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:
(i) Issue a writ of mandamus or other appropriate writs, directions or orders directing the respondent to consider and pass final orders on the application for purchase certificate submitted by petitioner which is pending as S.M.482/2021 on the files of the respondent within a reasonable timeframe.
2. The petitioner states that he is in possession of 0.2440 Hectares of land comprised in Re-Sy.No.616/7 in Block No.18 of Thenkurissi -I Village in Palakkad District. He contends that he had applied for issuance of patta with the respondent and the case was taken on file by the respondent and the same is pending as S.M.No.482/2021 as is evident from Ext.P1. The petitioner is aggrieved by the delay in conclusion of the proceedings and his solitary prayer is for directions to the respondent to expedite the same.
3. I have heard Sri. R.Harishankar, the learned counsel for the petitioner and Smt. Vidya.A.C., the learned Government Pleader.
4. Sri. R.Harishankar, the learned counsel appearing for the petitioner would rely on the judgment of this Court in Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and another [Judgment dated 14.03.2018 in W.P.(C) No.28398 of 2017 and connected WP(C) NO. 13036 OF 2021 3 cases] and it is argued that similar directions be issued in this matter as well.
5. The learned Government Pleader submits that the directions issued by this Court in Narayanan Namboodiri (supra) can be followed.
6. I have considered the submissions advanced.
7. In Narayanan Namboodiri (supra), this Court took note of the long pendency of matters before the Land Tribunals and it was felt that it would not be proper for this Court to issue orders to take matters out of turn of those cases wherein the petitioners were able to approach this Court. This Court had also issued directions to the Government to take measures to remove the stumbling blocks so that the proceedings could be expedited. In tune with the directions issued by this Court, orders were issued by the Government permitting the village officers to exercise powers of Revenue Inspectors. Directions were issued to keep cases filed by senior citizens in a special category with a view to expediting the same and the petitioners in those matters were directed to cooperate with the Land Tribunal in effecting service of notice to the Landlords. Paragraph No.2 of the judgment is extracted below for convenience.
"2. On consideration of the facts and circumstances as above, this Court is of the view that the following directions can be issued for expeditious disposal of the cases by the Land Tribunal:
(i) If it is felt that there is delay in obtaining reports through the WP(C) NO. 13036 OF 2021 4 Revenue Inspectors on account of their shortage, the Land Tribunal is free to get the reports from the Village Officers concerned. It is the discretion of the Land Tribunal in what manner such reports should be obtained.
(ii) Utmost importance should be given for expeditious disposal of all the cases filed by the senior citizens. The Land Tribunal shall dispose such cases of senior citizens on seniority basis within six months.
(iii) In respect of all other cases, the Land Tribunal shall follow the seniority of such cases and dispose the same within the maximum outer limit of 18 months unless there is a stay passed by the higher authorities. The Land Tribunal shall not break the seniority of such cases except for any directions being issued by this Court or any higher authority.
(iv) The parties are given liberty to take out notice to the land owners in such a manner in which the Land Tribunal deems fit to do so, including publications.
(v) In respect of the matters which are pending before the Deputy Collector, he shall follow the same procedure as mentioned above.
(vi) In respect of the proceedings in which all the steps have been completed which are ripe for passing orders as on today, the Land Tribunal shall pass orders within two months and the directions issued in earlier paragraphs would not affect those matters. However, in all other cases, the directions shall be strictly followed.WP(C) NO. 13036 OF 2021 5
(vii) The Government order, G.O.(P).No.09/2018/ RD, dated 22.02.2018 will form part of this Judgment. (underline supplied)"
8. Having considered the facts and circumstances and the submissions made across the bar, I am of the considered opinion that the directions issued by this Court in Narayanan Namboodiri (supra) can be followed and necessary directions can be issued.
In the result, this writ petition is disposed of by directing the Special Tahsildar (L.R.), Pattambi, Palakkad, to dispose of S.M.No.482 of 2021, following the directions issued by this Court in Narayanan Namboodiri (supra) and in accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru WP(C) NO. 13036 OF 2021 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE RESPONDENT DATED 5.5.2021.
RESPONDENT'S EXHIBITS:NIL