Kerala High Court
Shihab vs The Special Thahsildar on 20 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
OP(C).No.198 OF 2021
PETITIONER/S:
SHIHAB
AGED 47 YEARS
S/O.KUNHYARMMU, CHATHANCHIRAKKAL HOUSE, KIZHISSERY,
KUZTHIMANNA, PALLIKKAL, MALAPPURAM DISTRICT.
BY ADV. SRI.P.T.SHEEJISH
RESPONDENT/S:
1 THE SPECIAL THAHSILDAR
TIRUR 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 20.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP(C).No.198 OF 2021
Sathish Ninan, J.
==============================
O.P.(C) No.198 of 2021
==========================
Dated this the 20th day of January, 2021
JUDGMENT
The petitioner seeks for an expeditious disposal of SM
No.659/2020 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
expeditious disposal of all the cases filed by
OP(C).No.198 OF 2021
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
OP(C).No.198 OF 2021
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.198 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SUOMOTO REPORT IN SM
NO.659/2020 DATED 28.12.2020.
