Citation : 2021 Latest Caselaw 17305 Ker
Judgement Date : 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. 17032 OF 2021
PETITIONER:
RAJEEV, AGED 48 YEARS
S/O. SOMASUNDARAN, LEELA SADAN, BEMMANIYUR,
PERINGOTTUKURISSI-I VILLAGE, ALATHUR, PALAKKAD
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR (L.R)
OFFICE OF THE SPECIAL TAHSILDAR (LR),
MINI CIVIL STATION, OTTAPALAM,
PATTAMBI, PALAKKAD-679 104
OTHER PRESENT:
SR.GP SRI.S.RAJAMOHAN
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. 17032 OF 2021 ..2..
JUDGMENT
The petitioner along with other applicants applied for
pattayam for the property having an extent of 0.1210
hectares comprised in Re.Sy. No.482/11 in Block No.3 of
Peringottukurissi-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.684/2021 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.684/2021 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 WP(C) NO. 17032 OF 2021 ..3..
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 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 WP(C) NO. 17032 OF 2021 ..4..
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. 684/2021,
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. 17032 OF 2021 ..5..
APPENDIX OF WP(C) 17032/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 11.08.2021
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