Disposed

Ponnu v. the Thasildar(L.R.)

Kerala HC15 Oct 2019WP(C)/10850/2019

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed the Land Tribunal Ottappalam to dispose suo motu cases by applying specific directions issued in W.P. No.28398/2017. The order emphasized expeditious disposal based on seniority within 18 months or six months for senior citizens. The petitioner was directed to produce copies before the Tribunal.

What did the court decide?

Petitioner directed to produce copies of the writ petition and judgment before the Land Tribunal Ottappalam; suo motu cases directed to be disposed expeditiously per existing guidelines.

Ponnu Vs the Thasildar(L.R.) — Land Acquisition | Kerala HC (2019)

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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 A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941

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WP(C).No.10850 OF 2019(E)

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PETITIONER/S:

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PONNU

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W/O.KANDAN, RAKKOORAM PARAMBU, THENKURUSSI, ALATHUR TALUK, PALAKKAD- 678671.

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BY ADV. SRI.A.R.GANGADAS

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RESPONDENTS:

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1 THE THAHSILDAR(L.R.) ALATHUR, PALAKKAD- 678541.

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2 THE SPECIAL THASILDAR, LAND TRIBUNAL, OTTAPPALAM- 679101.

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3 THE VILLAGE OFFICER, THENKURUSSI VILLAGE, PALAKKAD- 678671.

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4 SOBHA SASIDHARAN, C-405, V RAJ PALACE, SUNDARVAN SOCIETY, SILVASSA, GUJARAT-396230.

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5 JAYADEVAN, S/O.RADHAKRISHNA MANNADIAR, KAITHAKONAKALAM, VADUKATHATA, THENKURUSSI- 678671.

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R4 BY ADV. SRI.V.B.RAMANUNNI

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BY SENIOR GOVERNMENT PLEADER SRI.S GOPINATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.10850 OF 2019(E)

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JUDGMENT

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In this writ petition while the petitioner sought for a direction to the respondents to accept basic tax in respect of the extent of land in his possession subject to the final decision in S.M.No.3124/18, pending before the Land Tribunal, Ottappalam. It is stated by the learned Government Pleader that the basic tax has already been accepted by the respondents provisionally subject to the outcome of the suo motu proceedings referred above. I note in this connection that by judgment dated 14.03.2018 in Writ Petition No.28398/2017 and connected cases a learned Single Judge has issued the following directions for the expeditious disposal of the cases by the Land Tribunal:

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“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.

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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.

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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.

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WP(C).No.10850 OF 2019(E)

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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.

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v. In respect of the matters which are pending before the Deputy Collector, he shall follow the same procedure as mentioned above.

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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.

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vii. The Government order, G.O.(P).No.09/2018/RD, dated 22/2/2018 will form part of this Judgment.”

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Taking cue from the said judgment of the learned Single Judge, I dispose the Writ Petition by directing that the suo motu cases referred in these Writ Petitions shall also be disposed by the Land Tribunal following the directions extracted above.

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The petitioner shall produce a copy of the Writ Petition along with the copy of the judgment before the Land Tribunal for further action.

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns

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WP(C).No.10850 OF 2019(E) 4

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WP(C).No.10850 OF 2019(E) 5

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WP(C).No.10850 OF 2019(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE BASIC TAX REGISTER RELATING TO SY.NO.292/3 OF THENKURUSSI I VILLAGE ISSUED BY THE VILLAGE OFFICER, THENKURUSI I VILLAGE.
EXHIBIT P2	TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE SECOND RESPONDENT DATED 14.12.2016.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 21.11.2018 IN WP(C)NO.20280/2018 OF THIS HONOURABLE COURT.
EXHIBIT P4	TRUE COPY OF THE NOTICE DATED 15.02.2019 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE REPORT OF THE VILLAGE OFFICE THENKURUSSI I
EXHIBIT P6	TRUE COPY OF THE OBJECTION DATED 02.04.2019.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Ponnu v. the Thasildar(L.R.)

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Ponnu v. the Thasildar(L.R.)

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