Kerala High Court
Muraleedharan vs Special Tahsildar (L.R) 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. 17089 OF 2021
PETITIONER:
MURALEEDHARAN, AGED 58 YEARS
S/O. KANAKAMANI AMMA, KONGALATH VEEDU,
THENKURISSI-I VILLAGE, ALATHUR, PALAKKAD.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR (L.R),
OFFICE OF THE SPECIAL TAHSILDAR (L.R.),
MINI CIVIL STATION, OTTAPALAM,
PATTAMBI, PALAKKAD-679104.
BY GP SMT.VINITHA B.
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. 17089 OF 2021 ..2..
JUDGMENT
The petitioner applied for pattayam for the property
having an extent of 0.3062 hectares comprised in Re.Sy.
No.75/8, 9 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.680/2021 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.680/2021 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.
WP(C) NO. 17089 OF 2021 ..3..
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
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.
WP(C) NO. 17089 OF 2021 ..4..
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."
Accordingly, this writ petition is disposed of by directing
the respondent to dispose of S.M.No.680/2021, 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. 17089 OF 2021 ..5..
APPENDIX OF WP(C) 17089/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY THE
RESPONDENT DATED 11/08/2021.
