Kerala High Court
Aboobacker vs The Special Thahsildar (Lr) on 8 July, 2021
WP(C) NO. 13621 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 13621 OF 2021
PETITIONER/S:
ABOOBACKER,
AGED 53 YEARS
S/O. CHEKKU, KARUVANKUNNAN HOUSE, MUKKOOD,
NEDIYIRUPPU CHIRAYIL, MALAPPURAM DISTRICT-673638.
BY ADV P.T.SHEEJISH
RESPONDENT/S:
1 THE SPECIAL THAHSILDAR (LR),
LAND TRIBUNAL-TIRURANGADI, TIRURANGADI P.O.,
MALAPPURAM DISTRICT, KERALA-676306.
2 THE VILLAGE OFFICER,
PULIKKAL VILLAGE, MALAPPURAM DISTRICT,
KERALA-673637.
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13621 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.314/2021, pending before him, within a
timeframe fixed by this Hon'ble Court.
2. The petitioner states that he is one of the co-owners in possession of
28.01 Ares of land comprised in Re.Sy.Nos.273/3, 273/4 of Pulikkal Village in
Malappuram District.
3. It appears, from Ext.P2 report produced by the petitioner, that a suo
moto proceeding has been initiated by the Land Tribunal, Tirurangadi 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, and the same is pending as S.M.No.314/2021.
4. I have heard Sri. P.T.Sheejish, the learned counsel for the petitioner
and Smt. Amminikutty K., the learned Government Pleader.
5. Sri. P.T.Sheejish, 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.
6. The learned Government Pleader submits that the directions issued
by this Court in Narayanan Namboodiri (supra) can be followed.
7. I have considered the submissions advanced.
8. 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)"
9. 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 result, this writ petition is disposed of by directing the Special
Tahsildar (L.R.), Tirurangadi, to dispose of S.M.No.314/2021, following the
directions issued by this Court in Narayanan Namboodiri (supra) and in
accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
APPENDIX OF WP(C) 13621/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 2ND RESPONDENT DATED
11/02/2021.
EXHIBIT P2 THE TRUE COPY OF SUOMOTU REPORT OF SM
NO.314/2021.
RESPONDENTS EXHIBITS:NIL
