Nadheera vs Land Tribunal
2021 Latest Caselaw 12713 Ker

Citation : 2021 Latest Caselaw 12713 Ker
Judgement Date : 3 June, 2021

Kerala High Court

Nadheera vs Land Tribunal on 3 June, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
                    WP(C) NO. 11736 OF 2021
PETITIONER:
0



            NADHEERA,
            D/o.MOIDU HAJI,
            AGED 27 YEARS
            CHEMMUKKAL HOUSE, KOTTAKKAL P.O.,
            MALAPPURAM DISTRICT.

            BY ADV U.K.DEVIDAS


RESPONDENTS:

1           LAND TRIBUNAL, (LAND REFORMS),
            CIVIL STATION TIRUR,
            TIRUR P.O.,
            MALAPPURAM DISTRICT - 676 101

2           SPECIAL TAHSILDAR, (LAND REFORMS),
            LAND TRIBUNAL, CIVIL STATION,
            TIRUR, TIRUR P.O.,
            MALAPPURAM DISTRICT - 676 101.

            GOVERNMENT PLEADER SMT.B.VINEETHA

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11736/2021
                                   :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 3rd day of June, 2021

The petitioner holds land in Kottakkal Village in

Malappuram District. The Land Tribunal (LR) initiated suo

motu proceedings S.M. No.548/2021 for issuing Purchase

Certificate to the petitioner under Section 72K of the Kerala

Land Reforms Act. The petitioner is in urgent need of

Purchase Certificate in respect of the land.

2. The grievance of the petitioner is that the S.M.

proceedings in respect of the land of the petitioner, are not

expeditiously proceeded with and concluded. The petitioner

seeks expeditious disposal of the S.M. Case.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader representing the

respondents.

WP(C) No.11736/2021

4. This Court considered a similar case in WP(C)

No.9364/2021. This Court noted that in the judgment in

Narayanan Namboodiri v. The Special Tahsildar (LR) and

another (WP(C) No.28398/2017) this Court has given certain

directions which are in the nature of guidelines to be followed

in such cases. The directions are as follows:

"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.

WP(C) No.11736/2021

(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 the judgment." (underline supplied)

Those guidelines should necessarily apply to the S.M.

proceedings in respect of petitioner's land also.

In the circumstances, this writ petition is disposed

of directing the 1st respondents to dispose of the S.M. case in

respect of the petitioner as expeditiously as possible, keeping

in mind the time limit prescribed by this Court in the judgment

in WP(C) No. 28398/2017 as quoted herein above.

Sd/-

N. NAGARESH, JUDGE

aks/04.06.2021 WP(C) No.11736/2021

APPENDIX OF WP(C) No. 11736/2021