Kerala High Court
Faseelath vs Land Tribunal on 23 July, 2021
WP(C) NO. 14686 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 14686 OF 2021
PETITIONER/S:
FASEELATH, D/O.MUHAMMED, KARUKAMANNIL HOUSE,
PONMALA P.O., MALAPPURAM DISTRICT.
BY ADV U.K.DEVIDAS
RESPONDENT/S:
1 LAND TRIBUNAL, DEVASWOM), COLLECTORATE,
UP HILL P.O., MALAPPURAM-676 505.
2 DEPUTY COLLECTOR, (LAND REFORMS), LAND TRIBUNAL,
COLLECTORATE, UP HILL P.O.,
MALAPPURAM DISTRICT-676 505.
SMT A C VIDYA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14686 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.234/2021 as evidenced by
Ext.P1 within a reasonable time.
2. The petitioner states that she is in possession of property
admeasuring 0.0406 Hectors in Survey No.87/5 of Ponmala Village,
Malappuram District.
3. It appears from Ext.P1 certificate produced by the petitioner that a
suo moto proceeding has been initiated by the Land Tribunal (Devaswom),
Malappuram 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.234/2021. The petitioner is aggrieved by the delay in
conclusion of the proceedings and her solitary prayer is for directions to the 1st
respondent to expedite the same.
4. I have heard Sri. U.K. Devidas, the learned counsel for the
petitioner and Smt. A.C. Vidhya, the learned 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 Land
Tribunal, (Devaswom), Malappuram to dispose of S.M.No.234/2021, following
the directions issued by this Court in Narayanan Namboodiri (supra) and in
accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 14686/2021
PETITIONER(S) EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE NO.M2 407279/21
DATED 21.06.2021 IN SM NO.234/2021 ISSUED BY
THE JUNIOR SUPERINTENDENT, COLLECTORATE,
MALAPPURAM.
RESPONDENT(S) EXHIBITS NIL
