K.P.Saradha vs State Of Kerala
2021 Latest Caselaw 1733 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                    WP(C).No.26794 OF 2020(Y)


PETITIONERS:

      1        K.P.SARADHA,
               AGED 87 YEARS
               W/O. SETHUMADHAVAN NAIR, MANNATTIL HOUSE,
               PERUVASSERY (PO), VADAKKANCHERRY, PALAKKAD-678
               686.

      2        VIJAYALAKSHMI K.S
               AGED 50 YEARS
               W/O. VIPIN MENON, MANNATTIL HOUSE, PERUVASSERY
               (PO), VADAKKANCHERRY, PALAKKAD-678 686.

      3        KARUNAKARAN K.S.
               AGED 44 YEARS
               S/O. SETHUMADHAVAN NAIR, MANNATTIL HOUSE,
               PERUVASSERY (PO), VADAKKANCHERRY, PALAKKAD-678
               686.

               BY ADV. SRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, REVENUE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE LAND REVENUE COMMISSIONER
               THIRUVANANTHAURAM-695 001.

      3        THE DISTRICT COLLECTOR
               PALAKKAD, CIVIL STATION, PALAKKAD-678 001.

      4        THE DEPUTY COLLECTOR (LR), PALAKKAD
               AND PRESIDING OFFICER, LAND TRIBUNAL, CIVIL
               STATION, PALAKKAD-678 001.
 WP(C)No.26794 of 2020

                              2

      5      THE TAHSILDAR
             OFFICE OF THE TAHSILDAR, ALATHUR, PALAKKAD-678
             541.

      6      THE VILLAGE OFFICER,
             VADAKKANCHERRY-I VILLAGE, VADAKKANCERRY,
             PALAKKAD-678 682.


             SMT A.C.VIDHYA-GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.26794 of 2020

                                   3

                              JUDGMENT

The petitioners have filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the 4th respondent Deputy Collector (LR) to

adjudicate S.M.No.322/2020 on the file of the Land Tribunal,

Palakkad, within a time limit to be fixed by this Court; and a writ

of mandamus commanding the 4th respondent to issue purchase

certificate, if the petitioners are eligible, on the adjudication of

S.M.No.322/2020. The suo motu proceedings initiated by the

Land Tribunal 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 0.440 Hectares of

land comprised in Sy.Nos.334/2 in Vadakkancherry-I Village of

Alathur Taluk in Palakkad District.

2. On 04.12.2020, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions.

WP(C)No.26794 of 2020

3. Heard the learned counsel for the petitioners and also

the learned Government Pleader appearing for the respondents.

4. 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.

5. In Narayanan Namboodiri, this Court noticed that

by G.O.(P).No.09/2018/RD dated 22.02.2018 the Government of WP(C)No.26794 of 2020

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 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 WP(C)No.26794 of 2020

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

WP(C)No.26794 of 2020

(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)

6. In the instant case, based on the report of the Village

Officer, Vadakkancherry-I Village, which was registered as

S.M.No.322/2020, as evidenced by Ext.P15 letter dated

11.11.2020, the Land Tribunal, Civil Station, Palakkad initiated

suo motu proceedings 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.

7. The learned counsel for the petitioners would point out

that the 1st petitioner is a senior citizen aged 87 years. The WP(C)No.26794 of 2020

learned Government Pleader would point out that the total

pendency of suo motu proceedings in the Land Tribunal, Palakkad

is 3342.

8. Having considered the submissions made by the

learned counsel on both sides this Court finds that the Land

Tribunal, Palakkad can be directed to dispose of

S.M.No.322/2020 following the directions issued by this Court in

Narayanan Namboodiri, referred to supra.

9. In the result, this writ petition is disposed of by

directing the Land Tribunal, Palakkd, to dispose of

S.M.No.322/2020, 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

yd WP(C)No.26794 of 2020

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BASIC TAX REGISTER.

EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE DATED 25.4.2000 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, ADAT GRAMA PANCHAYAT.

EXHIBIT P3 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, ALATHUR DATED 5.12.2020.

EXHIBIT P4 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.7.2020 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.5.2020 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE POSSESSIN CERTIFICATE DATED 24.7.2020 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 8.9.2020 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE APPLICATION FOR PURCHASE CERTIFICATE DATED 8.9.2020 SUBMITTED BY THE PETITIOENR TO THE VILLAGE OFIFCER.

EXHIBIT P9 A TRUE COPY FO THE REPORT SUBMITTED BY THE 6TH RESPONDENT DATED 9.9.2020.

EXHIBIT P10 A TRUE COPY OF THE MAHAZAR DATED 9.9.2020 OF THE SIXTH RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE MAHAZAR DATED 9.9.2020 OF THE SIXTH RESPONDENT.

WP(C)No.26794 of 2020

EXHIBIT P12 A TRUE COPY OF THE VERIFIED CERTIFICATE DATED 9.9.2020 SUBMITTED BY THE SIXTH RESPONDENT TO THE FOURTH RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE SWORN STATEMENT OF THE LOCAL RESIDENT DATED NIL.

EXHIBIT P14 A TRUE COPY OF THE SWORN STATEMENT OF THE LOCAL RESIDENT DATED NIL.

EXHIBIT P15 A TRUE COPY OF THE LETTER DATED 11.11.2020 OF THE SIXTH RESPONDENT.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE