Kandappan vs The District Collector, Palakkad
2021 Latest Caselaw 16863 Ker

WP(C) NO. 16489 OF 2021            1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                       WP(C) NO. 16489 OF 2021
PETITIONER:

          KANDAPPAN
          AGED 65 YEARS
          S/O. LATE.THEYYAN, KURUPPATHUKADU HOUSE, THARUR,
          ALATHUR TALUK, PALAKKAD DISTRICT

          BY ADV P.JAYARAM



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, PALAKKAD
          PALAKKAD-678 001

    2     THE LAND TRIBUNAL/SPECIAL TAHSILDAR,
          (LAND REFORMS), PATTAMBI, MINI CIVIL STATION,
          OTTAPALAM-679 104

    3     THE VILLAGE OFFICER,
          THARUR-I VILLAGE, P.O.THARUR-678 547

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




          SMT K AMMINIKUTTY SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16489 OF 2021                      2


                                     JUDGMENT

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

seeking the following relief:

(a) Issue a writ of mandamus or other appropriate writ, direction or order directing the 2nd respondent to consider and pass orders in S.M.No.609/2016 proceedings in a time bound manner.

2. The petitioner states that he is in absolute possession of property having

an extent of 12.25 Ares comprised in Re-Survey No. 265/16 in Block No.7 of

Tharur-I Village, Alathur Taluk, Palakkad District. A suo motu proceeding has

been initiated by the 2nd 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.609/2016. The petitioner is aggrieved by the delay

in conclusion of the proceedings and his solitary prayer is for directions to the

second respondent to expedite the same.

3. I have heard Sri.P. Jayaram, the learned counsel for the petitioner and

Sm. K. Amminikutty, the learned Senior Government Pleader.

4. Sri.P. Jayaram, 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 Special

Tahasildar (L.R.), Pattambi, the 2nd respondent herein, to dispose of

S.M.No.609 of 2016, following the directions issued by this Court in

Narayanan Namboodiri (supra) and in accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 16489/2021

PETITIONER'S EXHIBITS:

Exhibit P1          TRUE COPY OF THE RECEIPT DATED 02.03.2016
                    IN SM 609/2016 ISSUED TO THE PETITIONER
                    FROM THE OFFICE OF THE SPECIAL TAHSILDAR
                    (LAND REFORMS) PATTAMBI

Exhibit P2          TRUE COPY OF THE BASIC TAX REGISTER
                    MAINTAINED AT THARUR-I VILLAGE OFFICE WITH
                    RESPECT TO PETITIONER'S PROPERTY

RESPONDENTS' EXHIBITS

                    NIL