Kerala High Court
Gopinathan vs Special Tahsildar on 17 August, 2021
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. 17090 OF 2021
PETITIONER/:
GOPINATHAN, AGED 69 YEARS
S/O. KANAKAMANI AMMA, KONGALATH HOUSE,
THENKURISSI-I VILLAGE, ALATHUR, PALAKKAD.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR,
OFFICE OF THE SPECIAL TAHSILDAR (L.R.),
MINI CIVIL STATION, OTTAPALAM, PATTAMBI,
PALAKKAD-679104.
SR.GP SRI.RAJMOHAN.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner along with other applicants applied for
pattayam for the property having an extent of 0.0568 hectares
comprised in Re.Sy. No.75/8 in Block No.18 of Thenkurissi-I
village of Alathur Taluk in Palakkad District before the
respondent, the Special Tahasildar (Land Reforms), Pattambi
(Land Tribunal), and the same was taken on file as S.M.No.
681/2021 and Ext.P1 dated 11.08.2021 is the receipt issued by
the respondent. The petitioner has filed this writ petition
seeking direction for early disposal of S.M.No.681/2021 on the
file of the respondent, within a time frame.
2. Heard the learned counsel for the petitioner and also
the learned Senior Government Pleader appearing for the
respondent.
3. 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:-
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"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
WP(C) NO. 17090 OF 2021 ..4..
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."
Accordingly, this writ petition is disposed of by directing
the respondent to dispose of S.M.No.681/2021, strictly in
accordance with law, following the directions issued by this
Court in paragraph 2 of the judgment in Narayanan
Namboodiri, referred to above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
//true copy //
P.A to Judge
WP(C) NO. 17090 OF 2021 ..5..
APPENDIX OF WP(C) 17090/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT DATED 11/08/2021.
