Kerala High Court
Narayanan Namboodiri vs The Special Tahsildar (Land Reforms) on 16 May, 2017
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939
WP(C).No. 28398 of 2017
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PETITIONER:
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NARAYANAN NAMBOODIRI, 94 YEARS,
S/O. BRAHMADETHAN NAMBOODIRI,
MUTHUKURISSI MANA, NADUNGOTTUR,
POST GANESHGIRI, SHORNUR-679 123.
BY ADVS.SRI.R.SREEHARI
SRI.SACHIN VYAS
RESPONDENT(S):
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1. THE SPECIAL TAHSILDAR (LAND REFORMS)
OFFICE OF THE SPECIAL TAHSILDAR (L R),
MINI CIVIL STATION, OTTAPALAM-679 101.
2. THE VILLAGE OFFICER,
SHORNUR II VILLAGE, SHORNUR,
PALAKKAD DISTRICT - 679 123.
BY GOVERNMENT PLEADER SRI. SABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-03-2018 ALONG WITH WPC.29829/2017 & CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 28398 of 2017 (Y)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1 PHOTOCOPY OF THE REPORT DATED 16-05-2017 OF THE
2ND RESPONDENT SUBMITTED TO THE 1ST RESPONDENT.
EXHIBIT P2 PHOTO COPY OF THE RECEIPT DATED 18-05-2017 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P3 PHOTOCOPY OF THE JUDGMENT IN WPC NO. 18977/2017
DATED 08-06-2017.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
mbr/
14.03.2018.
A.MUHAMED MUSTAQUE, J.
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W.P.(C).Nos.
28398/2017 38271/2017 40993/2017 1928/2018
29829/2017 39068/2017 40999/2017 2193/2018
30228/2017 40372/2017 41027/2017 2418/2018
30595/2017 40378/2017 41324/2017 2420/2018
30596/2017 40524/2017 41791/2017 2480/2018
30648/2017 40548/2017 108/2018 2696/2018
34401/2017 40656/2017 489/2018 4391/2018
34492/2017 40712/2017 854/2018 4499/2018
34500/2017 40718/2017 935/2018 6163/2018
36423/2017 40724/2017 963/2018 6575/2018
37354/2017 40982/2017 1181/2018 7932/2018
37981/2017 40988/2017 1813/2018 &
8455/2018
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Dated this the 14th day of March, 2018
J U D G M E N T
These writ petitions are filed for expeditious disposal of the applications pending before the Land Tribunal. The petitioners approached the Land Tribunal for obtaining purchase certificates. Many of the petitioners realised the need for purchase certificates when they approached the Bank to obtain a loan. Filing writ petitions seeking expeditious disposal of the applications is now a routine affair before this Court. This Court found that, breaking the queue by WPC 28398/2017 & c/cases -:2:- directing the Land Tribunal to dispose of the cases out of turn would result in derailing the process of disposal of the cases pending before the Land Tribunal. The Land Tribunal is bound to dispose the cases in accordance with the seniority of registration of such cases. Some of the cases are pending for more than 3 to 4 years. In places like Thrissur, Ottapalam, Tirur, Kozhikode and Koothuparamba more than Nos.7000 cases are pending. Taking note of the volume of the pending cases, this Court directed the Government to issue guidelines for expeditious disposal of the cases. One of the factors which led to the delay, is obtaining report through the Revenue Inspectors. The Government now by an order, G.O. (P).No.09/2018/RD, dated 22/2/2018, appointed the Village Officers coming within the jurisdiction of each Land Tribunal for exercising certain powers of the Revenue Inspectors. That be so, there may not be any difficulty to obtain the reports through the Village Officers concerned. This Court also directed the Government to consider speedy disposal of the cases filed by the senior citizens. The Government in principle agreed for such requirements and addressed all the Land Tribunals to give priority to the cases of the WPC 28398/2017 & c/cases -:3:- senior citizens. It may be noted that in some of the cases, delay occurred on account of serving notices on the landlords. This can be averted if the petitioners in such cases co-operate with the Land Tribunal in taking out notices to such persons.
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 WPC 28398/2017 & c/cases -:4:- 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 22/2/2018 will form part of this Judgment.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms WPC 28398/2017 & c/cases -:5:- WPC 28398/2017 & c/cases -:6:-