Kerala High Court
Abdurahiman vs The District Collector 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.254 OF 2021(F)
PETITIONER:
ABDURAHIMAN
AGED 68 YEARS
S/O.MOHAMMED, KEEZHUVEETTIL, IRIMBILIYAM,
MALAPPURAM DISTRICT.
BY ADV. SRI.P.JAYARAM
RESPONDENT:
1 THE DISTRICT COLLECTOR
PALAKKAD-678 001.
2 THE LAND TRIBUNAL/SPECIAL TAHSILDAR, (LAND
FEFORMS),
PATTAMBI, MINI CIVIL STATION,
P.O.KANNIYAMPURAM, OTTAPALAM-691 104.
3 THE VILLAGE OFFICER,
PARUDUR VILLAGE OFFICE, P.O.PARUDUR-679 312.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
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.254 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 2nd respondent Special Tahasildar (LR) to
consider and pass orders in S.M.No.1032/2020 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, 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 0.0620 Hectares of
land comprised in Re.Sy.Nos.147/9 and 147/12 in Block No.18 of
Parudur 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
14.03.2018 in W.P.(C)No.28398 of 2017 and connected cases]
WP(C)No.254 of 2021
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
the Land Tribunal or for moving that Tribunal to take any action
WP(C)No.254 of 2021
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
Tribunal in what manner such reports should
be obtained.
WP(C)No.254 of 2021
(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
cases, the directions shall be strictly followed.
(vii) The Government order, G.O.(P).No.09/2018/
WP(C)No.254 of 2021
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, Parudur Village, the Land Tribunal, Pattambi initiated suo
motu proceedings as S.M.No.1032/2020, as evidenced by Ext.P1
receipt dated 14.12.2020, 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 68 years. The learned
Government Pleader would point out that the total pendency of
suo motu proceedings in the Land Tribunal, Pattambi is 11078.
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.No.1032/2020 following the directions issued by this Court in
Narayanan Namboodiri, referred to supra.
WP(C)No.254 of 2021
8. In the result, this writ petition is disposed of by
directing the Land Tribunal, Pattambi, to dispose of
S.M.No.1032/2020, 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.254 of 2021
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED
14.12.2020 IN SM 1032/2020 ISSUED TO
THE PETITIONER FROM THE OFFICE OF THE
SPECIAL TAHSILDAR (LAND REFORMS),
PATTAMBI.
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 01.12.2020 ISSUED TO THE
PETITIONER WITH RESPECT TO HIS
PROPERTIES BEARING RE-SURVEY NO.147/9
AND 147/12 VILLAGE OFFICE, PARUDUR.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 02.11.2020 ISSUED TO THE
PETITIONER WITH RESPECT TO HIS
PROPERTIES BEARING RE-SURVEY NO.147/9
AND 147/12 AND OTHER PROPERTIES FROM
VILLAGE OFFICE, PARUDUR.
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
