Jayesh vs The Special Tahsildar (Lr)
2021 Latest Caselaw 17290 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
                       WP(C) NO. 17024 OF 2021
PETITIONER:

          JAYESH , AGED 54 YEARS
          S/O. ARAVINDAKSHAN NAIR, NARAYANATH HOUSE,
          KOTTAKKAL, MALAPPURAM DISTRICT.

          BY ADV P.T.SHEEJISH



RESPONDENTS:

    1     THE SPECIAL TAHSILDAR (LR)
          LAND TRIBUNAL - TIRUR, TIRUR P. O.,
          MALAPPURAM DISTRICT, KERALA - 676 101.

    2     THE VILLAGE OFFICER
          KOTTAKKAL VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN -
          676 503.

          R BY GP SRI.S.RAJMOHAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17024 OF 2021           ..2..




                          JUDGMENT

The petitioner has filed this writ petition for direction to

the 1st respondent, the Special Tahsildar (Land Reforms), Tirur,

(Land Tribunal), to consider and dispose of S.M. Case

No.76/2021 with respect to the petitioner's land in Re-survey

No.323/20-1 of Kottakkal Village in Malappuram District,

pending before the 1st respondent, within a time frame fixed by

this Court.

2. The petitioner applied for issuance of certificate of

purchase under Section 72K of the Kerala Land Reforms Act,

1963, in respect of over 1.01 Ares of land comprised in Re-

Sy.No.323/20-1 of Kottakkal Village in Malappuram District.

Accordingly, the 1st respondent initiated suo motu proceedings

on the basis of the report filed by the 2 nd respondent Village

Officer as S.M. Case No.76/2021, as evidenced by Ext.P2

certificate dated 29.07.2021. When the petitioner applied for

loan, the Bank is insisting for certificate of purchase and

therefore, he is seeking direction for early disposal of S.M.

Case No.76/2021 on the file of the 1st respondent, within a WP(C) NO. 17024 OF 2021 ..3..

time frame. According to the petitioner, the 1st respondent has

not so far issued notice under Section 72F in S.M. Case

No.76/2021.

3. Heard the learned counsel for the petitioner and also

the learned Senior Government Pleader appearing for the

respondents.

4. In Narayanan Namboodiri v. The Special

Tahasildar (Land Reforms) and another (judgment dated

14th day of March 2018 in W.P. (C) No. 28398/2017 and

connected cases), this Court has issued certain directions for

expeditious disposal of the cases by the Land Tribunal.

Paragraph 2 of the said judgment reads thus:-

"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
 WP(C) NO. 17024 OF 2021            ..4..

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."

WP(C) NO. 17024 OF 2021 ..5..

Accordingly, this writ petition is disposed of by directing

the 1st respondent to dispose of S.M. Case No.76/2021, strictly

in accordance with law, following the directions issued by this

Court in paragraph 2 of the judgment in Narayanan

Namboodiri, referred to above.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

//true copy //

P.A To Judge WP(C) NO. 17024 OF 2021 ..6..

APPENDIX OF WP(C) 17024/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE 1.01 ARES OF THE LAND IN SURVEY NUMBER 323/20-1 ISSUED BY THE 2ND RESPONDENT DATED 24.07.2020.

Exhibit P2 THE TRUE COPY OF CERTIFICATE OF SUOMOTU PROCEEDINGS OF SM NO.76/2021 DATED 29.07.2021.