Kerala High Court

Avarankutty vs The Deputy Collector (Land ... on 17 February, 2021

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

   WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.4129 OF 2021(M)


PETITIONER/S:

                AVARANKUTTY, AGED 67 YEARS
                S/O.SAIDALAVI, KALLIVALAPPIL HOUSE,
                THIRUVEGAPURA POST, PATTAMBI TALUK,
                PALAKKAD DISTRICT - 679 304.

                BY ADVS.
                SRI.R.SREEHARI
                SHRI.MUHAMMADALI MANEKKATHODI

RESPONDENT/S:

      1         THE DEPUTY COLLECTOR (LAND REFORMS)
                CIVIL STATION, PALAKKAD - 678 014.

      2         THE VILLAGE OFFICER
                THIRUVEGAPURA VILLAGE, THIRUVEGAPPURA POST,
                PATTAMBI TALUK - 679304.


OTHER PRESENT:

                SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.4129 OF 2021(M)

                                   -2-

                            JUDGMENT

The petitioner has filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the 1st respondent Deputy Collector (LR) to conduct

expeditious enquiry and to dispose of S.M.No.29/2019 on the file

of the Land Tribunal, Palakkad, within a time limit to be fixed by

this Court. The suo motu proceedings initiated by the Land

Tribunal, Palakkad 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 0.0320 Hectares of land comprised in Sy.No.192/3 in

Block No.19 of Thiruvegappura Village in Pattambi Taluk,

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.4129 OF 2021(M)

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.4129 OF 2021(M)

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 W.P(C).No.4129 OF 2021(M)

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 pending before the Deputy Collector, he shall follow the same procedure as mentioned above.

(vi) In respect of the proceedings in which all the W.P(C).No.4129 OF 2021(M)

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, Thiruvegappura Village, the Land Tribunal, Palakkad

initiated suo motu proceedings as S.M.No.29/2019, as evidenced

by Ext.P3 letter dated 19.01.2019, 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 67 years. The learned