Citation : 2021 Latest Caselaw 1841 Ker
Judgement Date : 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
OP(C).No.180 OF 2021
SM 1462/2020 OF LAND TRIBUNAL, MALAPPURAM
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PETITIONER:
ABDURAHIMAN.C
AGED 62 YEARS
S/O.UMMER, CHANDIRAKATH HOUSE, VETTOM, PARAVANNA,
MALAPPURAM DISTRICT, PIN 676 502
BY ADV. SRI.P.T.SHEEJISH
RESPONDENTS:
1 THE SPECIAL THAHSILDAR (LAND TRIBUNAL)
TIRUR,MALAPPURAM DISTRICT, KERALA, PIN 676 101
2 THE VILLAGE OFFICER
VETTOM VILLAGE, TIRUR TALUK,
MALAPPURAM DISTRICT, KERALA, PIN 676 105
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
O.P.(C) No.180 of 2021
==========================
Dated this the 18th day of January, 2021
JUDGMENT
The petitioner seeks for an expeditious disposal
of SM No. 1462/2020 pending before the Special
Tahsildar (Land Tribunal) Malappuram.
2. In WP(C) No. 28398/2017 and connected cases
this Court passed a judgment dated 14.03.2018 issuing
directions regarding expeditious disposal of cases by
the Land Tribunal. The directions read thus:
"(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 OP(C).No.180 OF 2021
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 OP(C).No.180 OF 2021
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 22/2/2018
will form part of this judgment."
The 1st respondent shall dispose of the SM
proceedings strictly adhering to the directions
referred to above.
Sd/- Sathish Ninan, Judge
vdv OP(C).No.180 OF 2021
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 17.6.2020
EXHIBIT P2 THE TRUE COPY OF THE SUOMOTO REPORT IN SM PROCEEDINGS NO.1462/2020
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