Jameela vs Land Tribunal
2021 Latest Caselaw 16327 Ker

WP(C) NO. 15575 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                     WP(C) NO. 15575 OF 2021
PETITIONER/S:

          JAMEELA,
          AGED 42 YEARS,
          D/O SAIDALIKUTTY, ALINGAL HOUSE, TANUR P.O.,
          MALAPPURAM DISTRICT.

          BY ADV U.K.DEVIDAS



RESPONDENT/S:

    1     LAND TRIBUNAL (LAND REFORMS)
          CIVIL STATION, TIRUR, TIRUR P.O., MALAPPURAM DISTRICT-
          679 101

    2     SPECIAL TAHSILDAR (LAND REFORMS)
          LAND TRIBUNAL, CIVIL STATION, TIRUR, TIRUR PO.,
          MALAPPURAM DISTRICT- 679 101




          SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15575 OF 2021                         2

                                          JUDGMENT

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

seeking the following reliefs:

(i) a writ of mandamus or any other appropriate writ order or direction to the respondents to dispose the S.M. No.875/2021 within a reasonable time.

2. The petitioner states that she is in possession of 01.97 Ares of land

comprised in Survey No.37/1-13 of Ozhur Village in Malappuram District. She

contends that she had applied for issuance of purchase certificate and the case

was taken on file by the 1st respondent and the same is pending as

S.M.No.875/2021. The petitioner is aggrieved by the delay in conclusion of the

proceedings and her solitary prayer is for directions to the respondents to

expedite the same.

3. I have heard Sri. U.K. Devidas, the learned counsel for the petitioner

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

4. Sri. 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.

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 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)"

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 respondents

to dispose of S.M.No.875 of 2021, following the directions issued by this Court in

Narayanan Namboodiri (supra) and in accordance with law.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE NS