Kerala High Court
Muhammed Ismail K.M vs The Land Tribunal on 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.6581 OF 2021(W)
PETITIONER/S:
1 MUHAMMED ISMAIL K.M, AGED 54 YEARS
S/O. MUHAMMEDALI, KOYAPPATHODI,
MACHINGAL, WANDOOR P.O.,
MALAPPURAM DISTRICT.
2 SAREENA MADARI, AGED 67 YEARS
D/O. ABDUL KAREEM, MADARI,
PALLIKUNNU, WANDOOR,
MALAPPURAM DISTRICT.
3 MIZNA, AGED 23 YEARS
D/O. MUHAMMED ISMAIL, KOYAPPATHODI, MACHINGAL,
WANDOOR P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT/S:
THE LAND TRIBUNAL
MALAPPURAM, REPRESENTED BY THE DEPUTY COLLECTOR,
COLLECTORATE, CIVIL STATION P.O., MALAPPURAM,
MALAPPURAM DISTRICT, PIN-676505.
OTHER PRESENT:
SMT. REKHA. C. NAIR (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.6581 OF 2021(W)
-2-
JUDGMENT
The petitioners have filed this writ petition under Article 226
of the Constitution of India, seeking a writ of mandamus
commanding the respondent Deputy Collector (LR) to consider
and pass orders in S.M.Nos.493/2020, 494/2020 and 495/2020
on the file of the Land Tribunal, Malappuram, within a time limit
to be fixed by this Court. The suo motu proceedings initiated by
the Land Tribunal, Malappuram 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 0.3562 Hectares of land of the 1 st petitioner
comprised in Sy.No.238/8-9 of Mampad Village, Malappuram
District; 0.9632 Hectares of land of the 2 nd petitioner comprised
in Sy.No.238/8 of Mampad Village, Malappuram District; and
0.9632 Hectares of land of the 3 rd petitioner comprised in
Sy.No.238/8-8 of Mampad Village, Malappuram District.
W.P(C).No.6581 OF 2021(W)
2. Heard the learned counsel for the petitioners and also
the learned Government Pleader appearing for the respondent.
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
W.P(C).No.6581 OF 2021(W)
jurisdiction of each Land Tribunal constituted under Section 99 of
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
reports through the Revenue Inspectors on
W.P(C).No.6581 OF 2021(W)
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
W.P(C).No.6581 OF 2021(W)
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 of Mampad Village, the Land Tribunal, Malappuram,
initiated suo motu proceedings as S.M.No.493/2020 in the case
of the 1st petitioner, as evidenced by Ext.P4 certificate dated
09.02.2021; S.M.No.494/2020 in the case of the 2 nd petitioner,
as evidenced by Ext.P5 certificate dated 09.02.2021; and
S.M.No.495/2020 in the case of the 3 rd petitioner, as evidenced
by Ext.P6 certificate dated 09.02.2021, 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
properties referred to hereinbefore.
6. The learned counsel for the petitioners would point out
that the 2nd petitioner is a senior citizen aged 67 years. The
learned Government Pleader would point out that the total
W.P(C).No.6581 OF 2021(W)
pendency of suo motu proceedings in the Land Tribunal,
Malappuram is 8514.
7. Having considered the submissions made by the
learned counsel on both sides this Court finds that the Land
Tribunal, Malappuram can be directed to dispose of
S.M.Nos.493/2020, 494/2020 and 495/2020 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, Malappuram, to dispose of
S.M.Nos.493/2020, 494/2020 and 495/2020, 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.6581 OF 2021(W)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SUO MOTU REPORTS
PREPARED BY THE VILLAGE OFFICER,
MAMPAD, IN RESPECT OF THE PROPERTY OF
THE 1ST PETITIONER, DATED 30.10.2020.
EXHIBIT P2 TRUE COPY OF THE SUO MOTU REPORTS
PREPARED BY THE VILLAGE OFFICER,
MAMPAD, IN RESPECT OF THE PROPERTY OF
THE 2ND PETITIONER, DATED 30.10.2020.
EXHIBIT P3 TRUE COPY OF THE SUO MOTU REPORTS
PREPARED BY THE VILLAGE OFFICER,
MAMPAD, IN RESPECT OF THE PROPERTY OF
THE 3RD PETITIONER, DATED 30.10.2020.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE SHOWING
THE DETAILS OF SUO MOTU CASE OF THE 1ST
PETITIONER ISSUED BY THE JUNIOR
SUPERINTENDENT,COLLECTORATE, MALAPPURAM
DATED 9.2.2021.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE SHOWING
THE DETAILS OF SUO MOTU CASE OF THE 2ND
PETITIONER ISSUED BY THE JUNIOR
SUPERINTENDENT,COLLECTORATE, MALAPPURAM
DATED 9.2.2021.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE SHOWING
THE DETAILS OF SUO MOTU CASE OF THE 3RD
PETITIONER ISSUED BY THE JUNIOR
SUPERINTENDENT,COLLECTORATE, MALAPPURAM
DATED 9.2.2021.
