Mohankrishna vs The District Collector
2021 Latest Caselaw 10084 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

   THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7707 OF 2021(K)


PETITIONER/S:

                MOHANKRISHNA, AGED 41 YEARS
                S/O. KUMARAN, NEDUMTHOTTIYIL HOUSE,
                PATHAPPIRIYAM, EDAVANNA,
                ERANADU TALUK, MALAPPURAM DISTRICT.

                BY ADV. SRI.P.JAYARAM

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                PALAKKAD - 678001.

      2         THE LAND TRIBUNAL/SPECIAL TAHSILDAR
                (LAND REFORMS), P.O, KANNIYAMPURAM,
                OTTAPALAM - 679104.

      3         THE VILLAGE OFFICER
                OTTAPALAM - II, VILLAGE OFFICER, P.O,
                OTTAPALAM - 679101.

      4         STATE OF KERALA
                REPRESENTED BY THE SECRETARY,
                DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM - 695001.


OTHER PRESENT:

                SMT.K AMMINIKUTTY - SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.7707 OF 2021(K)

                                 -2-

                            JUDGMENT

The petitioner has filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the respondent 2nd Special Tahsildar (LR) to

consider and pass orders in S.M.No.1622/2019 on the file of the

Land Tribunal, Ottappalam, within a time limit to be fixed by this

Court. The suo motu proceedings initiated by the Land Tribunal,

Ottappalam under Rule 5 of the Kerala Land Reforms (Vesting

and Assignment) Rules, 1970, is one 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 certificate of purchase under Section 72K of the said Act, read

with Rule 14 of the said Rules, in respect of 0.3936 Hectares of

land comprised in Sy.No.19/1 of Ottapalam II Village, Ottapalam

Taluk in Palakkad District.

2. Heard the learned counsel for the petitioner and also

the learned Senior Government Pleader appearing for the

respondents.

W.P(C).No.7707 OF 2021(K)

3. 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]

this Court noticed that in the writ petitions seeking expeditious

disposal of the applications pending before the Land Tribunal for

obtaining purchase certificate, many of the petitioners realised

the need for purchase certificate only when they approached the

Bank to obtain a loan. Filing writ petitions seeking expeditious

disposal of the applications pending before the Land Tribunal is a

routine affair before this Court. Breaking the queue by directing

the Land Tribunals to dispose of the cases out of turn would

result in derailing the process of disposal of the cases pending

before the Tribunal. Therefore, the Land Tribunal is bound to

dispose the cases in accordance with the seniority of registration

of such cases.

4. In Narayanan Namboodiri, this Court noticed that

by G.O.(P).No.09/2018/RD dated 22.02.2018 the Government of

Kerala appointed the Village Officers coming within the

jurisdiction of each Land Tribunal constituted under Section 99 of W.P(C).No.7707 OF 2021(K)

the Kerala Land Reforms Act, 1963 for bringing to the notice of

the Land Tribunal concerned any fact or information required by

the Land Tribunal or for moving that Tribunal to take any action

necessary for the implementation of the provisions of the said

Act. Therefore, there may not be any difficulty to obtain the

reports through the Village Officers concerned. Before this Court,

the Government in principle agreed for speedy disposal of the

cases filed by the senior citizens and addressed all the Land

Tribunals to give priority to such cases. This Court noticed that in

some of the cases, delay occurred on account of serving notice

on the landlords, which can be averted if the applicant in such

cases co-operate with the Land Tribunal in taking out notice to

such persons. On consideration of the facts and circumstances,

this Court disposed of those writ petitions with certain directions.

Paragraph 2 of the said judgment reads thus;

"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 W.P(C).No.7707 OF 2021(K)

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 W.P(C).No.7707 OF 2021(K)

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)

5. In the instant case, based on the report of the Village

Officer, Ottapalam-II Village, the Land Tribunal, Ottappalam,

initiated suo motu proceedings as S.M.No.1622/2019, as

evidenced by Ext.P1 receipt dated 02.09.2019, 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 certificate of purchase under Section

72K of the said Act, read with Rule 14 of the said Rules, in

respect of the property referred to hereinbefore.

6. The learned Senior Government Pleader would point

out that the total pendency of suo motu proceedings in the Land

Tribunal, Ottappalam is 2434.

W.P(C).No.7707 OF 2021(K)

7. Having considered the submissions made by the

learned counsel on both sides this Court finds that the Land

Tribunal, Ottappalam can be directed to dispose of

S.M.No.1622/2019 following the directions issued by this Court in

Narayanan Namboodiri, referred to supra.

8. In the result, this writ petition is disposed of by

directing the Land Tribunal, Ottappalam, to dispose of

S.M.No.1622/2019, strictly in accordance with law, following the

directions issued by this Court in paragraph 2 of the judgment in

Narayanan Namboodiri, referred to supra.

No order as to costs.

Sd/-

ANIL K.NARENDRAN, JUDGE.

bkn/-

W.P(C).No.7707 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 02.09.2019 IN SM NO.1622/2019 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS), OTTAPALAM.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 04.09.2020 ISSUED TO THE PETITIONER FROM OTTAPALAM II, VILLAGE OFFICE WITH REFERENCE TO THE PROPERTY COVERED UNDER EXHIBIT P1 NOTICE.

EXHIBIT P3                  TRUE COPY OF POSSESSION CERTIFICATE
                            DATED   04.09.2020    ISSUED   TO   THE

PETITIONER FROM OTTAPALAM - II, VILLAGE OFFICE WITH REFERENCE TO THE PROPERTY COVERED UNDER EXHIBIT P1 NOTICE.