K.B. Jayakrishnan vs Special Tahsildar, Land Tribunal
2021 Latest Caselaw 13493 Ker

WP(C) NO. 13036 OF 2021           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                      WP(C) NO. 13036 OF 2021
PETITIONER/S:

             K.B. JAYAKRISHNAN
             AGED 64 YEARS
             S/O LATE BALAKRISHNAN, KUNNUKAD HOUSE,
             THOTTUPALAM, KINASSERY P.O., PALAKKAD - 678701.

             BY ADVS.
             R.HARISHANKAR
             PARVATHY NAIR



RESPONDENT/S:

             SPECIAL TAHSILDAR, LAND TRIBUNAL,
             PATTAMBI, MINI CIVIL STATION, OTTAPALAM,
             PIN - 679101.




             SMT VIDHYA A.C, GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13036 OF 2021                    2

                                       JUDGMENT

The above-captioned Writ Petition is filed under Article 226 of the

Constitution of India seeking the following reliefs:

(i) Issue a writ of mandamus or other appropriate writs, directions or orders directing the respondent to consider and pass final orders on the application for purchase certificate submitted by petitioner which is pending as S.M.482/2021 on the files of the respondent within a reasonable timeframe.

2. The petitioner states that he is in possession of 0.2440 Hectares

of land comprised in Re-Sy.No.616/7 in Block No.18 of Thenkurissi -I Village in

Palakkad District. He contends that he had applied for issuance of patta with

the respondent and the case was taken on file by the respondent and the

same is pending as S.M.No.482/2021 as is evident from Ext.P1. The petitioner

is aggrieved by the delay in conclusion of the proceedings and his solitary

prayer is for directions to the respondent to expedite the same.

3. I have heard Sri. R.Harishankar, the learned counsel for the

petitioner and Smt. Vidya.A.C., the learned Government Pleader.

4. Sri. R.Harishankar, the learned counsel appearing for the

petitioner would rely on the judgment of this Court 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] and it is argued that similar directions be issued in this matter as well.

5. The learned Government Pleader submits that the directions

issued by this Court in Narayanan Namboodiri (supra) can be followed.

6. I have considered the submissions advanced.

7. In Narayanan Namboodiri (supra), this Court took note of the

long pendency of matters before the Land Tribunals and it was felt that it

would not be proper for this Court to issue orders to take matters out of turn

of those cases wherein the petitioners were able to approach this Court. This

Court had also issued directions to the Government to take measures to

remove the stumbling blocks so that the proceedings could be expedited. In

tune with the directions issued by this Court, orders were issued by the

Government permitting the village officers to exercise powers of Revenue

Inspectors. Directions were issued to keep cases filed by senior citizens in a

special category with a view to expediting the same and the petitioners in

those matters were directed to cooperate with the Land Tribunal in effecting

service of notice to the Landlords. Paragraph No.2 of the judgment is

extracted below for convenience.

"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 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)"

8. Having considered the facts and circumstances and the

submissions made across the bar, I am of the considered opinion that the

directions issued by this Court in Narayanan Namboodiri (supra) can be

followed and necessary directions can be issued.

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

Tahsildar (L.R.), Pattambi, Palakkad, to dispose of S.M.No.482 of 2021,

following the directions issued by this Court in Narayanan Namboodiri

(supra) and in accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE RESPONDENT DATED 5.5.2021.

RESPONDENT'S EXHIBITS:NIL