Kerala High Court
Moideen vs Land Tribunal (Devaswom) on 2 August, 2021
WP(C) NO. 15315 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. 15315 OF 2021
PETITIONER/S:
MOIDEEN,
AGED 40 YEARS,
S/O.HAMSA, CHERIYAKKUTH HOUSE, KOOTTILANGADI P.O.,
KADUNGOOTH, MALAPPURAM DISTRICT.
BY ADV U.K.DEVIDAS
RESPONDENT/S:
1 LAND TRIBUNAL (DEVASWOM),
COLLECTORATE, UP HILL P.O., MALAPPURAM-676 505.
2 DEPUTY COLLECTOR (LAND REFORMS),
LAND TRIBUNAL, COLLECTORATE, UP HILL P.O.,
MALAPPURAM DISTRICT-676 505.
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. 15315 OF 2021 2
JUDGMENT
This Writ Petition is filed under Article 226 of the Constitution of
India seeking the following reliefs:
i. issue a writ of mandamus or any other appropriate writ
order or direction to the respondents to dispose the
S.M.No.248/2021 as evidenced by Ext.P1 within a
reasonable time.
2. The petitioner states that he is in possession of property
admeasuring 9.41 Ares in Survey No.60/8 in Koottilangadi Village,
Malappuram District.
3. It appears from Ext.P1 certificate produced by the petitioner
that a suo moto proceeding has been initiated by the Land Tribunal,
(Devaswom), 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.248/2021. The petitioner is
aggrieved by the delay in conclusion of the proceedings and his solitary
prayer is for directions to the respondents to expedite the same.
4. I have heard Sri. U.K.Devidas, the learned counsel for the
petitioner and Smt. K.Amminikutty, the learned senior Government
Pleader.
5. Sri. U.K.Devidas, 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
respondents to dispose of S.M.No.248 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) 15315/2021
PETITIONER(S) EXHIBITS:
Exhibit P1 TRUE COPY OF THE CERTIFICATE NO.M2-
409824/21 DATED 14.07.2021 IN
SM.NO.248/2021 ISSUED BY THE COLLECTORATE,
MALAPPURAM.
RESPONDENT(S) EXHIBITS: NIL
