Kerala High Court

Ebrahim vs The Special Tahsildar (Land ... on 18 January, 2021

           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.1134 OF 2021(N)


PETITIONER:

               EBRAHIM
               AGED 71 YEARS
               S/O. MOIDEENKUTTY, PERINGATTUTHODIYIL,
               VALIYAKUNNU POST, IRIMBILIYAM, MALAPPURAM
               DISTRICT-676 552.

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

RESPONDENTS:

      1        THE SPECIAL TAHSILDAR (LAND REFORMS)
               OFFICE OF THE SPECIAL TAHSILDAR (L R), MINI
               CIVIL STATION, OTTAPALAM-679 104.

      2        THE VILLAGE OFFICER
               ONGALLUR II VILLAGE, ONGALLUR, PATTAMBI TALUK,
               PALAKKAD DISTRICT, POST ONGALLUR-679 304.

               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.1134 of 2021

                                      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 Special Tahasildar (LR) to

consider the application made by the petitioner as

S.M.No.1058/2014 on the file of the Land Tribunal, Ottapalam,

within a time limit to be fixed by this Court. The suo motu

proceedings initiated by the Land Tribunal, Ottapalam 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 78 Ares and 90 sq.meters of land

comprised in Sy.No.5/1 in Block No.33 of Ongallur-II Village in

Pattambi Taluk, Palakkad District.

2. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for the respondents.

3. In Narayanan Namboodiri v. The Special

Tahsildar (Land Reforms) and another [Judgment dated WP(C)No.1134 of 2021

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

the Kerala Land Reforms Act, 1963 for bringing to the notice of

the Land Tribunal concerned any fact or information required by WP(C)No.1134 of 2021

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 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 WP(C)No.1134 of 2021

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 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 WP(C)No.1134 of 2021

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, Ongallur-II Village, the Land Tribunal, Ottapalam initiated

suo motu proceedings as S.M.No.1058/2014, as evidenced by

Ext.P2 receipt dated 28.03.2014, 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