Kerala High Court
Parasuraman vs The Special Tahsildar on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.3726 OF 2021(M)
PETITIONER/S:
1 PARASURAMAN, AGED 57 YEARS
S/O.A.P.NARAYANAN, DWARAKA NIVAS, AYAKKADU GRAMAM,
VADAKKENCHERY, PALAKKAD DISTRICT.
2 MANIKANDAN, S/O.APPUKUTTAN,
KANJIRAMKULAMKULAMBU, ERATTAKULAM,
PALAKKAD DISTRICT.
3 CHANDRAN, S/O.LATE RAMANEZHUTHACHAN,
MELARCODE, ALATHUR, PALAKKAD DISTRICT.
4 LAKSHMI PANIKATHIAR
KALARIKKAL, ANIKODU, MATHUR VILLAGE,
PALAKKAD DISTRICT.
BY ADVS.
SRI.P.R.VENKATESH
SRI.G.KEERTHIVAS
RESPONDENT/S:
THE SPECIAL TAHSILDAR
LAND TRIBUNAL, PATTAMBI, PALAKKAD - 679 303.
OTHER PRESENT:
SMT A.C.VIDHYA- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.3726 OF 2021(M)
-2-
JUDGMENT
The petitioners have filed this writ petition under Article 226
of the Constitution of India, seeking a writ of mandamus
commanding the respondent Special Tahsildar (LR) to consider
and pass orders in S.M.No.2464/2016 in the name of the 1 st
petitioner; S.M.No.312/2014 in the name of the 2 nd petitioner;
S.M.No.602/2018 in the name of the 3 rd petitioner; and
S.M.No.2192/2018 in the name of the 4th petitioner, on the file of
the Land Tribunal, Pattambi, within a time limit to be fixed by this
Court. The suo motu proceedings initiated by the Land Tribunal,
Pattambi under Rule 5 of the Kerala Land Reforms (Vesting and
Assignment) Rules, 1970, are 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 of the
1st petitioner comprised in Re.Sy.No.540/6 and 541/11 in Block
No.34 of Vadakkenchery-I Village in Palakkad District; the
W.P(C).No.3726 OF 2021(M)
property of the 2nd petitioner in Re.Sy.No.369/11 in Block No.30
of Kavassery-I Village; the property of the 3 rd petitioner having
an extent of 0.143 hectares of land in Re.Sy.No.411 in Block
No.25 of Melarcode-I Village; and the property of the 4 th
petitioner having an extent of 0.0323 hectares of land in
Re.Sy.No.5/1 in Block No.14 of Mathur Village.
2. Heard the learned counsel for the petitioners and also
the learned Government Pleader appearing for the respondent.
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
W.P(C).No.3726 OF 2021(M)
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
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
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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
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
W.P(C).No.3726 OF 2021(M)
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
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 of Vadakkenchery-I Village, the Land Tribunal, Pattambi,
initiated suo motu proceedings as S.M.No.2464/2016 in the case
of the 1st petitioner, as evidenced by Ext.P1 receipt dated
29.09.2016. Based on the report of the Village Officer,
W.P(C).No.3726 OF 2021(M)
Kavassery-I Village, the Land Tribunal, Pattambi, initiated suo
motu proceedings as S.M.No.312/2014 in the case of the 2 nd
petitioner, as evidenced by Ext.P2 receipt dated 23.01.2014;
based on the report of the Village Officer of Melarcode-I Village,
the Land Tribunal, Pattambi, initiated suo motu proceedings as
S.M.No.602/2018 in the case of the 3 rd petitioner, as evidenced
by Ext.P3 receipt dated 23.02.2018; based on the report of the
Village Officer of Mathur Village, the Land Tribunal, Pattambi,
initiated suo motu proceedings as S.M.No.2192/2018 in the case
of the 4th petitioner, as evidenced by Ext.P4 receipt dated
19.09.2018, 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 properties referred to
hereinbefore.
6. The learned Government Pleader would point out that
the total pendency of suo motu proceedings in the Land Tribunal,
Pattambi is 11078.
W.P(C).No.3726 OF 2021(M)
7. Having considered the submissions made by the
learned counsel on both sides this Court finds that the Land
Tribunal, Pattambi can be directed to dispose of
S.M.Nos.2464/2016, 312/2014, 602/2018 and 2192/2018
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, Pattambi, to dispose of
S.M.Nos.2464/2016, 312/2014, 602/2018 and 2192/2018,
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.3726 OF 2021(M)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ACKNOWLEDGMENT OF SM
NO.2464/2016 DATED 29/09/2016 IN THE
NAME OF 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF ACKNOWLEDGMENT OF SM
NO.312/2014 IN THE NAME OF 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF ACKNOWLEDGMENT OF SM
NO.602/2018 DATED 23/2/2018 IN THE NAME
OF 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF ACKNOWLEDGMENT OF SM
NO.2192/2018 DATED 19/9/2018 IN THE
NAME OF THE 4TH PETITIONER.
EXHIBIT P5 TRUE COPY OF JUDGMENT IN WP(C)
NO.854/2018 DATED 14/3/2018 OF THIS
HON'BLE COURT.
