Kerala High Court

Abdul Kareem vs Special Tahsildar (L.R) on 22 January, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       W.P.(C) No.1834 OF 2021(D)


PETITIONER/S:

                ABDUL KAREEM,
                AGED 57 YEARS,
                S/O. KUNJAHAMMED, KUTHANNUR-II VILLAGE, KUTHANNUR
                P.O., ALATHUR, PALAKKAD-678 721.

                BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/S:

                SPECIAL TAHSILDAR (L.R)
                OFFICE OF THE SPECIAL TAHSILDAR (L.R), OTTAPALAM,
                PALAKKAD-679 104.


OTHER PRESENT:

                SR.GP - SMT. AMMINIKUTTY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1834 OF 2021(D)

                                      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.Nos.1779 and 1780 of 2017 on the file of

the Land Tribunal, Ottappalam, within a time limit to be fixed by

this Court. The suo motu proceedings initiated by the Land

Tribunal, Ottappalam 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

land comprised in Re.Sy.No.98/3,8 in Block No.11 of Kuthannur-II

Village in Alathur Taluk, Palakkad District.

2. Heard the learned counsel for the petitioner and also

the learned Senior Government Pleader appearing for the

respondent.

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] this Court noticed W.P.(C) No.1834 OF 2021(D)

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 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 W.P.(C) No.1834 OF 2021(D)

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.

(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 W.P.(C) No.1834 OF 2021(D)

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/ 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, Kuthannur-II Village, the Land Tribunal, Ottappalam

initiated suo motu proceedings as S.M.Nos.1779 and 1780 of

2017, as evidenced by Exts.P1 and P1(a) receipt dated

09.08.2017, for assignment of the right, title and interest of the

landlord vested in the Government under Section 72 of the Kerala W.P.(C) No.1834 OF 2021(D)

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 Senior Government Pleader would point out

that the total pendency of suo motu proceedings in the Land