Haseena vs The Special Thahsildar (Land ...
2021 Latest Caselaw 968 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE SATHISH NINAN

MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                     OP(C).No.89 OF 2021

           SM 1174/2020 OF LAND TRIBUNAL, TIRUR


PETITIONER:

              HASEENA, AGED 53 YEARS
              W/O. MUHAMMED IQBAL, RESIDING AT
              CHEKKITHANAKATH AINUMMANAKATH TIRUR AMSON,
              TIRUR DEOSM, TIRUR TALUK, MALAPUPURAM
              DISTRICT 676 101.

              BY ADVS.
              SRI.J.R.PREM NAVAZ
              SHRI.SUMEEN S.

RESPONDENTS:

     1        THE SPECIAL THAHSILDAR (LAND TRIBUNAL), TIRUR
              MALAPPURAM DISTRICT, KERALA 676 101.

     2        THE VILLAGE OFFICER,
              TIRUR VILLAGE OFFICE, TIRUR TALUK, MALAPPURAM
              DISTRICT 676 101.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C).No.89/2021

                                     2



                          Sathish Ninan, J.
                   ==============================
                        O.P.(C) No.89 of 2021
                     ==========================
              Dated this the 11th day of January, 2021

                                  JUDGMENT

The petitioner seeks for an expeditious disposal

of SM No. 1174/2020 pending before the Special

Tahsildar (LR) Tirur, the petitioner's application

seeking issuance of purchase certificate.

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 OP(C).No.89/2021

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 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 OP(C).No.89/2021

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 22/2/2018

will form part of this judgment." OP(C).No.89/2021

The 2nd respondent shall dispose of the SM

proceedings strictly adhering to the directions

referred to above.

Sd/-

Sathish Ninan, Judge

vdv OP(C).No.89/2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE TITLE DEED OF THE DOCUMENT IN THE NAME OF THE PETITIONER DECEASED MOTHER.

EXHIBIT P2 THE TRUE COPY OF THE FAMILY SURVIVORSHIP CERTIFICATE ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF SUO MOTO REPROT ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 14.03.2018 IN WPC NO. 28398 OF 2017 AND CONNECTED CASES PASSED BY THIS HONBLE COURT.