Panchali vs State Of Kerala
2021 Latest Caselaw 15909 Ker

WP(C) NO. 12214 OF 2021           1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                      WP(C) NO. 12214 OF 2021
PETITIONER/S:

             PANCHALI,
             AGED 80 YEARS,
             W/O.LATE KRISHNANKUTTY, PANAMKUNNATH HOUSE,
             PALLIPPURAM POST, PARUDUR, PALLIPPURAM, PALAKKAD
             DISTRICT-679305.

             BY ADVS.
             BINU V V VEETTIL VALAPPIL
             S.K.PREMJITH MENON



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2       THE VILLAGE OFFICER,
             PARUTHUR VILLAGE OFFICE, PARUDUR, PATTAMBI TALUK,
             PALAKKAD DISTRICT-679305.

     3       THE SPECIAL TAHSILDAR(LAND REFORMS),
             OFFICE OF THE SPECIAL TAHSILDAR (LR), MINI CIVIL
             STATION, OTTAPPALAM, PALAKKAD DISTRICT-679104.

             SRI SYED M THANGAL, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   02.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12214 OF 2021                  2

                                    JUDGMENT

This Writ Petition is filed under Article 226 of the Constitution of

India seeking the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to expedite the proceedings in SM 2838/2018 and pass appropriate orders within a time frame to be fixed by this Hon'ble Court.

2. The petitioner states that she is in absolute ownership and

possession of property admeasuring 70 cents in Re-Sy.Nos.63/8 and 214/5

of Paruthur Village, Palakkad District.

3. It appears from Ext.P1 certificate produced by the petitioner

that a suo moto proceeding has been initiated by the Special Thahsildar

(LR), Ottappalam under Rule 5 of the Kerala Land Reforms (Vesting and

Assignment) Rules, 1970, for assignment of the right, title and interest of

the landlord vested in the Government under Section 72 of the Kerala Land

Reforms Act, 1963 and for issuance of a certificate of purchase under

Section 72K of the said Act, read with Rule 14 of the said Rules and the

same is pending as S.M.No.2838/2018. The petitioner is aggrieved by the

delay in conclusion of the proceedings and her solitary prayer is for

directions to the 3rd respondent to expedite the same.

4. I have heard Sri. V.V. Binu, the learned counsel for the

petitioner and Smt. Sayed.M.Thangal, the learned Government Pleader.

5. Sri. V.V. Binu, 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 cases] and

it is argued that similar directions be issued in this matter as well.

6. The learned Government Pleader submits that the directions

issued by this Court in Narayanan Namboodiri (supra) can be followed.

7. I have considered the submissions advanced.

8. 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

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.

(vii) The Government order, G.O.(P).No.09/2018/ RD, dated

22.02.2018 will form part of this Judgment. (underline supplied)"

9. 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

Thahsildar (L.R.), Ottappalam to dispose of S.M.No.2838/2018, following

the directions issued by this Court in Narayanan Namboodiri (supra)

and in accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 12214/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 28.11.2018.

RESPONDENT(S) EXHIBITS : NIL