Madhavikutty vs Special Tahsildar (L.R)
2021 Latest Caselaw 13082 Ker

WP(C) NO. 10452 OF 2021            1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                      WP(C) NO. 10452 OF 2021
PETITIONER :

         MADHAVIKUTTY
         AGED 76 YEARS
         W/O.LATE PANGUNNI, PANAYACHIRA HOUSE, VILAYANNUR,
         THENKURISSI-II VILLAGE, ALATHUR, PALAKKAD.

         BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT :

             SPECIAL TAHSILDAR (L.R),
             OFFICE OF THE SPECIAL TAHSILDAR (L.R.), MINI CIVIL
             STATION, OTTAPALAM, PATTAMBI, PALAKKAD - 679 104.



             SMT. VIDHYA A.C., GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 10452 OF 2021                   2

                                     JUDGMENT

The above-captioned Writ Petition is filed under Article 226 of the

Constitution of India seeking the following reliefs:

(i) Issue a writ of mandamus or any other order or direction and direct the respondent to pass appropriate orders in S.M. No. 407/2021 on the file of the Special Tahsildar (L.R.), Pattambi, Palakkad within a time limit as deems fit by this Hon'ble Court.

2. The petitioner states that she is in possession of 0.1410 Ha. of land

comprised in Re.Sy.No.190/1 in Block No.20 of Thenkurissi-II Village in

Palakkad District. She contends that she had applied for issuance of patta

with the respondent and the case was taken on file by the respondent as

S.M.No.407/2021 as is evident from Ext.P1. The petitioner is aggrieved by

the delay in conclusion of the proceedings and her solitary prayer is for

directions to the respondent to expedite the same.

3. I have heard Sri. Johnson Varikkappallil, the learned counsel for the

petitioner and Smt. Vidya.A.C., the learned Government Pleader.

4. Sri. Johnson Varikkappallil, 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.

5. The learned Government Pleader submits that the directions issued

by this Court in Narayanan Namboodiri (supra) can be followed.

6. I have considered the submissions advanced.

7. 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)

8. 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.), Pattambi, Palakkad, to dispose of S.M.No.407/2021,

following the directions issued by this Court in Narayanan Namboodiri

(supra) and in accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 10452/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1          TRUE COPY OF THE RECEIPT OF
                    S.M.NO.407/2021 ISSUED BY THE RESPONDENT
                    DATED 26/03/2021.



RESPONDENT(S) EXHIBITS : NIL