Kerala High Court
Mohammed Salim vs The Special Thahsildar (Lr) on 7 July, 2021
WP(C) NO. 13453 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
WP(C) NO. 13453 OF 2021
PETITIONER/S:
MOHAMMED SALIM
AGED 51 YEARS
S/O MOHAMMEDALI, KOMBATHAYIL HOUSE, KUTTIPURAM P.O.,
MALAPPURAM DISTRICT, PIN - 676303.
BY ADV P.T.SHEEJISH
RESPONDENT/S:
1 THE SPECIAL THAHSILDAR (LR),
LAND TRIBUNAL - TIRUR, TIRUR P.O.,
MALAPPURAM DISTRICT, KERALA - 676101.
2 THE VILLAGE OFFICER, KUTTIPURAM VILLAGE,
MALAPPURAM DISTRICT, KERALA, PIN - 679571
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13453 OF 2021 2
JUDGMENT
The above-captioned Writ Petition is filed under Article 226 of the
Constitution of India seeking the following reliefs:
(i) to issue a writ of mandamus or any other appropriate writ, order
or direction to the first respondent to consider and dispose the
S.M.Case No.722/2021, pending before him, within a timeframe
fixed by this Hon'ble Court.
2. The petitioner states that he is in possession of 03.22 Ares of land
comprised in Re-Sy.No.162/2 of Kuttippuram Village in Malappuram District.
3. It appears from Exhibit P2 certificate produced by the petitioner
that a suo moto proceeding has been initiated by the Land Tribunal, Tirur
under Rule 5 of the Kerala Land Reforms (Vesting and Assignment) Rules,
1970, 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 a certificate of purchase under Section 72K of the said Act, read
with Rule 14 of the said Rules.
4. The petitioner is aggrieved by the delay in conclusion of the
proceedings and her solitary prayer is for directions to the Tribunal to expedite
the same.
5. I have heard Sri. P.T.Sheejish, the learned counsel for the
petitioner and Smt.Amminikutty, the learned Senior Government Pleader.
6. Sri Sheejish, the learned counsel appearing for the petitioner
would rely on the judgement 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.
7. The learned Government Pleader submits that the directions
issued by this Court in Narayanan Namboodiri (supra) can be followed.
8. I have considered the submissions advanced.
9. 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)
10. 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 Land
Tribunal, Tirur, to dispose of S.M.No.722/2021, following the directions issued
by this Court in Narayanan Namboodiri (supra) and in accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 2ND RESPONDENT DATED
29.4.2021.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF
SUOMOTU PROCEEDINGS AS SM NO.722/2021
DATED 5.5.2021.
RESPONDENTS EXHIBITS:NIL
