Kunjimarakkar vs The Special Tahsildar, (Lr)
2021 Latest Caselaw 14400 Ker

WP(C) NO. 13845 OF 2021              1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                           WP(C) NO. 13845 OF 2021
PETITIONER/S:

            KUNJIMARAKKAR,
            AGED 58 YEARS, S/O MOHAMMED HAJI,
            KALADY HOUSE, THOZHANNUR,
            KALPAKANCHERY VILLAGE, TIRUR TALUK,
            MALAPPURAM DISTRICT.


            BY ADV P.T.SHEEJISH



RESPONDENT/S:

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


2
2           THE VILLAGE OFFICER, KURUMBATHUR VILLAGE,
            MALAPPURAM DISTRICT, KERALA, PIN-676 301.




            SMT. K. AMMINIKUTTY, SR. GP




     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13845 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.814/2021, pending before him, within a timeframe fixed by this Hon'ble Court.

2. The petitioner states that he is the absolute owner in possession of

33.192 Ares of land comprised in Re-Sy.Nos.132/1-14, 132/2-6 of Kurumbathur

Village in Malappuram District.

3. It appears from Exhibit P3 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

and the same is pending as S.M.No.814/2021.

4. The petitioner is aggrieved by the delay in conclusion of the proceedings

and his solitary prayer is for directions to the 1st respondent to expedite the

same.

5. I have heard Sri. P.T.Sheejish, the learned counsel for the petitioner and

Smt. K.Amminikutty, the learned Government Pleader.

6. 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.

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

(L.R.), Land Tribunal, Tirur, to dispose of S.M.No.814/2021, 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 LAND TAX RECEIPT OF THE LAND IN SURVEY NUMBER 132/1-14 ISSUED BY THE 2ND RESPONDENT DATED 22.01.2021.

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE LAND IN SURVEY NUMBER 132/2-6 ISSUED BY THE 2ND RESPONDENT DATED 15.02.2021.

EXHIBIT P3 THE TRUE COPY OF THE SUOMOTO REPORT OF SM NO.814/2021.

RESPONDENT'S EXHIBITS: NIL