Sasi Kumar vs The Special Thahsildar (Lr)
2021 Latest Caselaw 17123 Ker

Citation : 2021 Latest Caselaw 17123 Ker
Judgement Date : 13 August, 2021

Kerala High Court

Sasi Kumar vs The Special Thahsildar (Lr) on 13 August, 2021

WP(C) NO. 16866 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. 16866 OF 2021
PETITIONER:

          SASI KUMAR
          AGED 53 YEARS
          S/O.NARAYANAN, THANDALATH, ALANKODE, PONNANI,
          MALAPPURAM DISTRICT, PIN - 679 585.

          BY ADV P.T.SHEEJISH



RESPONDENTS:

    1     THE SPECIAL THAHSILDAR (LR)
          LAND TRIBUNAL, TIRUR, TIRUR P.O.,

          MALAPPURAM DISTRICT, KERALA - 676 101.

    2     THE VILLAGE OFFICER
          ALANKODE VILLAGE, MALAPPURAM DISTRICT, KERALA,

          PIN - 679 585.




          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. 16866 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.619/2021 with respect to the petitioner's land in Re-Survey 309/3 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 8.85 Ares comprised in Re-Sy.No.309/3 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.619/2021. 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.

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.