Kerala High Court
Muhammad Abdul [email protected] ... vs The Special Thahsildar(Lr) on 13 August, 2021
WP(C) NO. 16853 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO. 16853 OF 2021
PETITIONER:
MUHAMMAD ABDUL [email protected] BASHEER
AGED 50 YEARS, S/O MUHAMMAD, KOTTILIL, KALACHAL,
ALANKODE, MALAPPURAM DISTRICT
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 THE SPECIAL THAHSILDAR(LR), LAND TRIBUNAL-TIRUR,
TIRUR PO, MALAPPURAM DISTRICT, KERALA - 676 101
2 THE VILLAGE OFFICER, ALANKODE VILLAGE, MALAPPURAM
DISTRICT, KERALA, PIN - 679 585
SMT K AMMINIKUTTY, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16853 OF 2021 2
JUDGMENT
This Writ Petition is filed under Article 226 of the Constitution of India
seeking the following relief:
(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.832/2021 with respect to the petitioner's land in Re-
survey 10/3 of Alankode Village, pending before him, within a
timeframe fixed by this Hon'ble Court.
2. The petitioner states that he is in possession of property having an
extent of 10.39 Ares comprised in Re-Sy.No. 10/3 of Alankode Village,
Malappuram District. A suo moto proceeding has been initiated by the first
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.832/2021.
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.
3. I have heard Sri. P.T.Sheejish, the learned counsel for the petitioner and
Smt. K. Amminikutty, the learned Senior Government Pleader.
4. 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.
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.), Tirur to dispose of S.M.No.832 of 2021, following the
directions issued by this Court in Narayanan Namboodiri (supra) and in
accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 16853/2021
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF CERTIFICATE OF SUOMOTO
PROCEEDINGS OF SM NO.832/2021 DATED
13.07.2021.
RESPONDENTS' EXHIBITS:
NIL
