Kerala High Court
Kunjulakshmi vs State Of Kerala on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.3041 OF 2021(E)
PETITIONER/S:
KUNJULAKSHMI, AGED 91 YEARS
W/O. RAMAN (LATE), KILIYANNIYIL HOUSE,
VADAKETHARA, PAZHAYANNUR P.O., PIN-680587.
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 SPECIAL TAHSILDAR (LAND REFORMS),
OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS),
KANNIYAMPURAM, OTTAPPALAM, PIN-679521.
3 VILLAGE OFFICER,
VILLAGE OFFICE, PUTHUCODE,
PALAKKAD DISTRICT-678687.
OTHER PRESENT:
SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.3041 OF 2021(E)
-2-
JUDGMENT
The petitioner has filed this writ petition under Article 226
of the Constitution of India, seeking a writ of mandamus
commanding the 2nd respondent Special Tahasildar (LR) to
conduct expeditious enquiry and to dispose of S.M.No.2028/2018
on the file of the Land Tribunal, Ottappalam, within a time limit to
be fixed by this Court. The suo motu proceedings initiated by the
Land Tribunal, Ottappalam under Rule 5 of the Kerala Land
Reforms (Vesting and Assignment) Rules, 1970, is one for
assignment of the right, title and interest of the landlord vested
in the Government under Section 72 of the Kerala Land Reforms
Act, 1963 and for issuance of certificate of purchase under
Section 72K of the said Act, read with Rule 14 of the said Rules,
in respect of 0.1244 Hectares of land comprised in Sy.Nos.89/3
and 89/6 in Block No.33 of Puthucode Village, Alathur Taluk in
Palakkad District.
2. Heard the learned counsel for the petitioner and also
the learned Senior Government Pleader appearing for the
respondents.
W.P(C).No.3041 OF 2021(E)
3. In Narayanan Namboodiri v. The Special
Tahsildar (Land Reforms) and another [Judgment dated
14.03.2018 in W.P.(C)No.28398 of 2017 and connected cases]
this Court noticed that in the writ petitions seeking expeditious
disposal of the applications pending before the Land Tribunal for
obtaining purchase certificate, many of the petitioners realised
the need for purchase certificate only when they approached the
Bank to obtain a loan. Filing writ petitions seeking expeditious
disposal of the applications pending before the Land Tribunal is a
routine affair before this Court. Breaking the queue by directing
the Land Tribunals to dispose of the cases out of turn would
result in derailing the process of disposal of the cases pending
before the Tribunal. Therefore, the Land Tribunal is bound to
dispose the cases in accordance with the seniority of registration
of such cases.
4. In Narayanan Namboodiri, this Court noticed that
by G.O.(P).No.09/2018/RD dated 22.02.2018 the Government of
Kerala appointed the Village Officers coming within the
jurisdiction of each Land Tribunal constituted under Section 99 of
W.P(C).No.3041 OF 2021(E)
the Kerala Land Reforms Act, 1963 for bringing to the notice of
the Land Tribunal concerned any fact or information required by
the Land Tribunal or for moving that Tribunal to take any action
necessary for the implementation of the provisions of the said
Act. Therefore, there may not be any difficulty to obtain the
reports through the Village Officers concerned. Before this Court,
the Government in principle agreed for speedy disposal of the
cases filed by the senior citizens and addressed all the Land
Tribunals to give priority to such cases. This Court noticed that in
some of the cases, delay occurred on account of serving notice
on the landlords, which can be averted if the applicant in such
cases co-operate with the Land Tribunal in taking out notice to
such persons. On consideration of the facts and circumstances,
this Court disposed of those writ petitions with certain directions.
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
W.P(C).No.3041 OF 2021(E)
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
steps have been completed which are ripe for
W.P(C).No.3041 OF 2021(E)
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." (underline supplied)
5. In the instant case, based on the report of the Village
Officer, Puthucode, the Land Tribunal, Ottappalam initiated suo
motu proceedings as S.M.No.2028/2018, as evidenced by Ext.P1
receipt dated 29.08.2018, for assignment of the right, title and
interest of the landlord vested in the Government under Section
72 of the Kerala Land Reforms Act, 1963 and for issuance of
certificate of purchase under Section 72K of the said Act, read
with Rule 14 of the said Rules, in respect of the property referred
to hereinbefore.
6. The learned counsel for the petitioner would point out
that the petitioner is a senior citizen aged 91 years. The learned
Senior Government Pleader would point out that the total
pendency of suo motu proceedings in the Land Tribunal,
W.P(C).No.3041 OF 2021(E)
Ottappalam is 2434.
7. Having considered the submissions made by the
learned counsel on both sides this Court finds that the Land
Tribunal, Ottappalam can be directed to dispose of
S.M.No.2028/2018 following the directions issued by this Court in
Narayanan Namboodiri, referred to supra.
8. In the result, this writ petition is disposed of by
directing the Land Tribunal, Ottappalam, to dispose of S.M.
No.2028/2018, strictly in accordance with law, following the
directions issued by this Court in paragraph 2 of the judgment in
Narayanan Namboodiri, referred to supra.
No order as to costs.
Sd/-
ANIL K.NARENDRAN,
JUDGE.
bkn/-
W.P(C).No.3041 OF 2021(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A COPY OF THE ACKNOWLEDGEMENT DATED
29/08/2018 ISSUED FROM THE OFFICE OF
THE 2ND RESPONDENT.
EXHIBIT P2 A COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WPC NO.28398/2017.
