Abdul Khader vs The Land Tribunal, Tirur
2021 Latest Caselaw 16600 Ker

Citation : 2021 Latest Caselaw 16600 Ker
Judgement Date : 11 August, 2021

Kerala High Court

Abdul Khader vs The Land Tribunal, Tirur on 11 August, 2021

WP(C) NO. 16237 OF 2021         1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 16237 OF 2021
PETITIONER/S:

          ABDUL KHADER
          AGED 63 YEARS
          S/O AHAMMED HAJI, KOTTUMMAL HOUSE,
          TANALUR P.O.,TIRUR TALUK, MALAPPURAM DISTRICT.

          BY ADV C.M.MOHAMMED IQUABAL



RESPONDENT/S:

          THE LAND TRIBUNAL, TIRUR
          OFFICE OF THE SPECIAL TAHSILDAR (LR), TIRUR,
          TIRUR P.O., MALAPPURAM DISTRICT, PIN-676 101.




          SMT. K. AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16237 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 directing the respondent to issue a Purchase Certificate to the petitioner as per his application evidenced by Ext.P1 certificate.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to consider and pass appropriate orders in S.M.894/2021, pending before the Land Tribunal, Tirur within a time stipulated by this Hon'ble Court.

2. The petitioner states that she along with his brother is in possession

of property admeasuring 16.66 Ares comprised in Sy.No.301/1 of Tanur Village in

Malappuram District. A suo motu proceeding has been initiated by the respondent

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.894/2021. The

petitioner is aggrieved by the delay in conclusion of the proceedings and her

solitary prayer is for directions to the respondent to expedite the same.

3. I have heard Sri.C.M.Mohammed Iquabal, the learned counsel for the

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

4. Sri.C.M.Mohammed Iquabal, 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.