Habbeb Rahman vs The Special Thahsildar(Lr)
2021 Latest Caselaw 17098 Ker

Citation : 2021 Latest Caselaw 17098 Ker
Judgement Date : 13 August, 2021

Kerala High Court

Habbeb Rahman vs The Special Thahsildar(Lr) on 13 August, 2021

WP(C) NO. 16760 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. 16760 OF 2021
PETITIONER:

             HABEEB RAHMAN
             S/O UMMAR, AMINA NIVAS, VETTOM, PACHATTIRI, TIRUR,
             MALAPPURAM DISTRICT, PIN-676 105.

             BY ADV P.T.SHEEJISH



RESPONDENTS:

     1       THE SPECIAL THAHSILDAR(LR)
             LAND TRIBUNAL, CIVIL STATION, TIRUR, MALAPPURAM
             DISTRICT , KERALA-676 101

     2       THE VILLAGE OFFICER
             VETTOM VILLAGE, MALAPPURAM DISTRICT, KERLA,

             PIN-676 105.




             SRI SAYED M THANGAL-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. 16760 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.509/2021, 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 17.86 Ares comprised in Re-Sy.No.225/8A-2 and 260/3-4 of Vettom

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.509/2021. 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 Sri. Sayed M. Thangal, the learned 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.