Abdul Muneer vs The Special Thahsildar(Lr)
2021 Latest Caselaw 15916 Ker

WP(C) NO. 15345 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. 15345 OF 2021
PETITIONER/S:

             ABDUL MUNEER,
             AGED 42 YEARS,
             S/O MARAKKAR, KAMBILLIPARAMBIL, IRINGAVOOR P.O.,
             TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 103.

             BY ADV P.T.SHEEJISH



RESPONDENT/S:

     1       THE SPECIAL THAHSILDAR(LR),
             LAND TRIBUNAL, CIVIL STATION, TIRUR, MALAPPURAM
             DISTRICT, KERALA - 676 101.

     2       THE VILLAGE OFFICER,
             THALAKKAD VILLAGE, MALAPPURAM DISTRICT, KERALA,
             PIN-676 102.




             SMT K AMMINIKUTTY, SR 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. 15345 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 to the first respondent to consider and dispose the S.M. Case No.768/2021, pending before him, within a timeframe fixed by this Hon'ble Court.

2. The petitioner states that he is one of the co-owners in

possession of property admeasuring 5.36 Ares in Re-survey No.115/12-1 of

Thalakkad Village, Malappuram District.

3. It appears from Ext.P2 certificate produced by the petitioner

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

(LR), Land Tribunal, Malappuram 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.768/2021. The petitioner is aggrieved by

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

directions to the first respondent to expedite the same.

4. I have heard Sri. P.T. Sheejish, the learned counsel for the

petitioner and Smt. K.Amminikutty, the learned senior Government

Pleader.

5. Sri. P.T. Sheejish, 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 first

respondent to dispose of S.M.No.768 of 2021, following the directions

issued by this Court in Narayanan Namboodiri (supra) and in

accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 15345/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 THE TRUE COPY OF SUO MOTO REPORT OF SM NO.768/2021.

Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF SUO MOTO PROCEEDINGS DATED 29.06.2021.

RESPONDENT(S) EXHIBITS:          NIL