Disposed

Radhakrishnan, v. the Special Tahsildar

Kerala HC23 Nov 2020WP(C)/16477/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by Radhakrishnan against the Special Tahsildar, Land Tribunal. The court directed the respondent to follow the procedural directions issued by this Court in W.P.(C) No.28398 of 2017 regarding the expeditious disposal of land dispute cases.

What did the court decide?

The respondent directed to follow the directions issued by this Court in W.P.(C) No.28398 of 2017 and dispose of the matter.

Radhakrishnan, Vs the Special Tahsildar — Land Acquisition | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942

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WP(C).No.16477 OF 2020(H)

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PETITIONER:

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RADHAKRISHNAN, AGED 55 YEARS, S/O. SWAMINATHAN, THAZHATHU HOUSE, KANNANNUR P.O. PALAKKAD DISTRICT.

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RESPONDENT:

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BY ADVS. SRI.P.R.VENKATESH SRI.G.KEERTHIVAS THE SPECIAL TAHSILDAR LAND TRIBUNAL , OTTAPALAM, PALAKKAD DISTRICT 678 103.

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SRI KP HARISH SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16477 OF 2020

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JUDGMENT

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This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S.M.Nos.531/2020 and 532/2020, on the file of the Special Tahsildar, Land Tribunal, Ottapalam.

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Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

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By judgment dated 14.03.2018 in W.P.(C) No.28398 of 2017 and connected cases, a learned Single Judge, after taking note of the G.O. (P).No.09/2018/RD dated 22/2/2018, 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

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WP(C).No.16477 OF 2020

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shall dispose of 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 of 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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iv. The parties are given liberty to take out notice to the landowners 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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WP(C).No.16477 OF 2020

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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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I am of the considered opinion that necessary directions can be

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issued to the Tribunal to follow the directions issued by this Court in the instant case as well.

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In the result, this Writ Petition is disposed of directing the respondent to follow the directions and dispose of the matter.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C).No.16477 OF 2020

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN RESPECT OF SM NO. 531 & 532 OF 2020 IN THE NAME OF 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF JUDGMENT IN WPC NO. 854 / 2018 DATED 14.3.2018 OF THIS HONBLE COURT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Radhakrishnan, v. the Special Tahsildar

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Radhakrishnan, v. the Special Tahsildar

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