Paru vs Special Tahsildar (L.R)
2021 Latest Caselaw 2563 Ker

               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.1769 OF 2021(U)


PETITIONER:

               PARU,
               AGED 82 YEARS, W/O.LATE DEVAN,
               CHAKKAMPURAM VEEDU,
               NADUVATHUPARA P.O.,
               PERINGOTTUKURISSI-II VILLAGE,
               ALATHUR, PALAKKAD.

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

RESPONDENT:

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

               SMT. AMMINIKUTTY, SENIOR GOVERNMENT PLEADER

     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.1769 OF 2021(U)
                                  -2-


                             JUDGMENT

The petitioner has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of mandamus commanding

the respondent Special Tahasildar (LR) to conduct expeditious

enquiry and to dispose of S.M.No.1992/2019 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 0.0500 Hectares of land

comprised in Re.Sy.No.148/10 in Block No.4 of Peringottukurissi-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

that in the writ petitions seeking expeditious disposal of the W.P.(C) No.1769 OF 2021(U)

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

principle agreed for speedy disposal of the cases filed by the senior W.P.(C) No.1769 OF 2021(U)

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 limit of 18 months unless there is a stay passed by the higher authorities. The Land Tribunal shall W.P.(C) No.1769 OF 2021(U)

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, Peringottukurissi-II Village, the Land Tribunal, Ottappalam

initiated suo motu proceedings as S.M.No.1992/2019, as evidenced

by Ext.P1 receipt dated 12.11.2019, 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 W.P.(C) No.1769 OF 2021(U)

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 82 years. The learned

Senior Government Pleader would point out that the total pendency

of suo motu proceedings in the Land Tribunal, Ottappalam is 2434.

7. Having considered the submissions made by the learned

counsel on both sides this Court finds that the Land Tribunal,

Ottappalam can be directed to dispose of S.M.No.1992/2019

following the directions issued by this Court in Narayanan

Namboodiri, referred to supra.

8. In the result, this writ petition is disposed of by directing

the Land Tribunal, Ottappalam, to dispose of S.M.No.1992/2019,

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 bpr W.P.(C) No.1769 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE RECEIPT DATED
                        12.11.2019 ISSUED BY THE RESPONDENT.

RESPONDENT'S EXHIBITS: NIL