Haseena Aboobaker vs The Special Tahsildar
2021 Latest Caselaw 2103 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                          OP(C).No.193 OF 2021


PETITIONER/S:

                HASEENA ABOOBAKER
                AGED 34 YEARS
                W/O. MUHAMMED IQBAL, KUNNATH HOUSE, (PAZHAYA PUTHEN
                VEETTIL), VETTOM, TIRUR, MALAPPURAM DISTRICT.

                BY ADV. SRI.P.T.SHEEJISH

RESPONDENT/S:

      1         THE SPECIAL TAHSILDAR
                TIRUR LAND TRIBUNAL, TIRUR, MALAPPURAM DISTRICT,
                KERALA, PIN-676101.

      2         THE VILLAGE OFFICER,
                VETTOM VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT,
                KERALA, PIN-679571.

                BY GOVERNMENT PLEADER:SRI.C.K.PRASAD

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   2
OP(C).No.193 OF 2021




                         Sathish Ninan, J.
                  ==============================
                      O.P.(C) No.193 of 2021
                    ==========================
              Dated this the 19 day of January, 2021

                               JUDGMENT

The petitioner seeks for an expeditious disposal of SM

No.1319/2020 pending before the Special Tahsildar (Tirur

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

OP(C).No.193 OF 2021

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

OP(C).No.193 OF 2021

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

rsr                                                   JUDGE

OP(C).No.193 OF 2021




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             THE TRUE COPY OF THE LAND TAX RECEIPT

ISSUED BY THE 2ND RESPONDENT DATED 23.11.2020.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF SUOMOTO PROCEEDINGS IN SM NO.1319/2020 DATED 14.1.2021.