Disposed

Abbas v. the Land Tribunal

Kerala HC7 Feb 2018OP(C)/356/2018

Case brief

AI extract

What is this about?

Petitioner filed writ petition under Article 227 seeking direction to Land Tribunal to dispose suo motu proceedings within reasonable time. Court directed Land Tribunal to complete proceedings within one year from service of notice on affected parties.

What did the court decide?

Land Tribunal to take measures to ensure early disposal of suo motu proceedings within one year from service of notice.

Abbas Vs the Land Tribunal — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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OP(C).No. 356 of 2018

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---------------------SM 227/2017 OF LAND TRIBUNAL, MALAPPURAM

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---------

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PETITIONER

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ABBAS,S/O THARIKUTTY, PALAKKATHONDI HOUSE, NELLIKKUTH.PO,MALAPPURAM DISTRICT.

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BY ADV.SRI.U.K.DEVIDAS

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RESPONDENT(S):

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1. THE LAND TRIBUNAL,

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(DEVASWOM),COLLECTORATE, MALAPPURAM-676 505.

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2. THE DEPUTY COLLECTOR, COLLECTORATE,MALAPPURAM DISTRICT-676 505.

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3. THE VILLAGE OFFICER, PAYYANAD VILLAGE, MALAPPURAM DISTRICT-676122.

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BY SENIOR GOVERNMENT PLEADER SRI SAIGI JACOB PALATTY

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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OP(C).No. 356 of 2018 (O) -------------------------

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PETITIONER(S)' EXHIBITS -----------------------

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EXHIBIT -P1: TRUE COPY OF THE CERTIFICATE DATED 01.01.2018

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RESPONDENTS EXHIBITS: NIL --------------------/TRUE COPY/ K.V. P.S.TO JUDGE

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ALEXANDER THOMAS, J.

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O.P.(C) No. 356 of 2018

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Dated this the 7^th day of February, 2018

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JUDGMENT

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The prayer in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India is as follows:

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“i) a direction to the first and second respondents to dispose S.M.No.227/2017 within a reasonable time.”

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Heard Sri.U.K.Devidas, learned counsel appearing for the petitioner and Sri. Jacob, learned counsel appearing for the official respondents.

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This Court had requested the learned Senior Government Pleader appearing for the official respondents to get specific instructions from the authorities concerned as to the details of the pendnecy of S.M.227/2017 and the reasonable time required for final disposal of that suo motu proceedings by the Land Tribunal concerned.

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Now, when the matter came up for consideration, Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the official respondents submits on the basis of instruction that the present suo motu proceedings in S.M 227/2017 is actully pending before the Land Tribunal (Devasom), Malappuram and that the description in the

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O.P.(C) No. 356 of 2018

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O.P.(C), as if it is pending before the Land Tribunal, Malapuram is not correct and further that the said Tribunal will take steps to ensure the final disposal of S.M.227/2017 within one year from the date of service of notice on all affected parties concerned. The said submission made on behalf of the respondents is recorded.

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Accordingly, it is ordered in the interest of justice that the Land Tribunal (Devasom), Malappuram will take all reasonable measures to ensure the early final disposal of suo moto proceedings in S.M227/2017 without much delay, preferably within a period of one year from the date of service of notice on all affected parties concerned. Petitioner will produce a certified copy of the judgment to the Land Tribunal (Devasom), Malappuram for necessary information.

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With these observations and directions, the above Original Petition (Civil) will stand finally disposed of.

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ALEXANDER THOMAS, JUDGE

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Scl/09.02.2018

Abbas v. the Land Tribunal

Case brief

What is this about?

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Abbas v. the Land Tribunal

Case brief

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