Pathukutty vs Land Tribunal (Land Reforms)
2021 Latest Caselaw 14585 Ker

WP(C) NO. 11943 OF 2021         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                    WP(C) NO. 11943 OF 2021
PETITIONER/S:

          PATHUKUTTY,
          AGED 64 YEARS,
          W/O. MARAKKAR (LATE), ALUNGAL HOUSE,
          KUTTUR NORTH, MALAPPURAM DISTRICT - 676305.

          BY ADV U.K.DEVIDAS



RESPONDENT/S:

    1     LAND TRIBUNAL (LAND REFORMS)
          CIVIL STATION, CHEMMAD, TIRURANGADI P. O.,
          MALAPPURAM DISTRICT - 676306.

    2     SPECIAL TAHSILDAR (LAND REFORMS)
          LAND TRIBUNAL, CIVIL STATION, CHEMMAD,
          TIRURANGADI P.O., MALAPPURAM DISTRICT - 676306.



          SMT. K. AMMINIKUTTY, SR. GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11943 OF 2021                   2



                                       JUDGMENT

This writ petition is filed under Article 226 of the Constitution of India

seeking the following reliefs:

(i) a writ of mandamus or any other appropriate writ order or direction to the respondents to dispose the S.M.No.333/2021 as evidenced by Ext.P1 within a reasonable time.

2. The petitioner states that she is in possession of property

admeasuring 10.60 Ares falling in Re-Sy.No. 124/1-5 in Kannamangalam

Village in Malappuram District.

3. It appears from Ext.P1 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.333/2021.

The petitioner is aggrieved by the delay in conclusion of the proceedings and

her solitary prayer is for directions to the respondents to expedite the same.

4. I have heard Sri. U.K.Devidas, the learned counsel for the

petitioner and Smt. K.Amminikutty, the learned senior Government Pleader.

5. Sri. U.K.Devidas, 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 the result, this writ petition is disposed of by directing the Special

Tahsildar (L.R.), Tirurangadi to dispose of S.M.No.333 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 OF WP(C) 11943/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE SUOMOTO REPORT DATED 15.04.2021 IN S.M.NO.258/2021 ISSUED BY THE VILLAGE OFFICER, KANNAMANGALAM BEFORE THE FIRST RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL