Naseera vs Land Tribunal
2021 Latest Caselaw 17499 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                          WP(C) NO. 17195 OF 2021


PETITIONER:

              NASEERA, D/O. MUHAMMEDKUTTY, MUNDASSERIL HOSUE,
              EDARIKKODE P.O., MALAPPURAM DISTRICT.

              BY ADV U.K.DEVIDAS


RESPONDENTS:

     1        LAND TRIBUNAL, (DEVASWOM), COLLECTORATE,
              UP HILL P.O., MALAPPURAM-676 505.

     2        DEPUTY COLLECTOR, (LAND REFORMS),
              LAND TRIBUNAL, COLLECTORATE, UP HILL P.O.,
              MALAPPURAM DISTRICT-676 505.

              GP - SMT. AMMINIKUTTY K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17195/21
                                         2



                            JUDGMENT

The petitioner alleges that a suo motu

proceedings initiated against her by the 1 st

respondent-Land Tribunal (Devaswom), Malappuram -

numbered as S.M.No.23/2020 - has been kept pending

without final orders; and prays that the said

proceedings be directed to be taken up and

disposed of within a time frame to be fixed by

this Court.

2. In response, the learned Senior Government

Pleader - Smt.K.Amminikutty, submitted that there

is no legal impediment in the 1st respondent

disposing of S.M.No.23/2020; but prayed that this

Court may not make any affirmative declarations on

the entitlement of the petitioner to any relief

and leave it to the competent Authority to take an

appropriate decision thereon as per law. She

further prayed that the 1st respondent be allowed a WPC 17195/21

minimum period of 18 months to complete the

proceedings.

3. The learned counsel for the petitioner -

Sri.U.K.Devidas, in reply, submitted that since

his client has been awaiting justice for a long

time now, the proceedings may be directed to be

disposed of within a lesser period of time.

4. Even when I hear Sri.U.K.Devidas as afore,

the consistent practice of this Court has been to

allow the Land Tribunal a minimum of 18 months,

except in the case of senior citizens, for the

purpose of completion of suo motu proceedings.

In the afore circumstances, I order this writ

petition, directing the 1st respondent to dispose

of S.M.No.23/2020, after following due procedure

and affording an opportunity of being heard to the

petitioner - as also other affected parties, if

any - thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not

later than 18 months from the date of receipt of a WPC 17195/21

copy of this judgment.

Sd/-

RR                           DEVAN RAMACHANDRAN
                                  JUDGE
 WPC 17195/21


               APPENDIX OF WP(C) 17195/2021

PETITIONER EXHIBITS

Exhibit P1        TRUE COPY OF THE CERTIFICATE

NO.DCMPM/1019/2020-M2 DATED 21.1.2020 IN SM. NO.23/2020 ISSUED BY THE COLLECTORATE, MALAPPURAM.