In a writ petition, the court directed the Special Tahsildar (Land Reforms) to follow specific directions for the expeditious disposal of pending land revenue cases involving senior citizens, relying on previous court orders.
First respondent directed to follow directions for expeditious disposal of the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
WP(C).No.18868 OF 2020(G)
PETITIONERS:
1 C.P.THEETHU AGED 72 YEARS S/O. C.K.PANGELAN, CHERINKAL HOUSE, ANIKKODE, KARIYAMKODE P.O., PALAKKAD DISTRICT-678 572.
W/O. C.P.THEETHU, CHERINKAL HOUSE, ANIKKODE, KARIYAMKODE P.O., PALAKKAD DISTRICT-678 572.
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENTS:
SRI BIMAL K NATH SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S.M.Nos.624/2020 and 626/2020, on the file of the Special Tahsildar (LR), Ottapalam.
“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 of such cases of senior citizens
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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 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.
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.
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
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22/2/2018 will form part of this Judgment.”
issued to the Tribunal to follow the directions issued by this Court in the instant case as well.
In the result, this Writ Petition is disposed of directing the 1st
respondent to follow the directions and dispose of the matter.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE IST PETITIONER BEFORE THE IST RESPONDENT ON 22.7.2020 THROUGH THE REVENUE INSPECTOR, OTTAPPALAM.
EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE IST RESPONDENT DATED 7.8.2020.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE IST RESPONDENT ON 22.7.2020 THROUGH THE REVENUE INSPECTOR, OTTAPPALAM.
EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE IST RESPONDENT DATED 7.8.2020.
EXHIBIT P5 TRUE COPY OF THE CONSULTATION REPORT DATED 26.2.2020 ISSUED BY DR.V.G.MOHAN PRASAD.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 14.3.2018 IN WPC NO.28398/2017.
RESPONDENTS' EXHIBITS:
NIL
1 issue framed by the court
Whether the first respondent are to follow directions for expeditious disposal of senior citizen land revenue cases.
Colour shows how this judgement treated each authority
W.P.(C) No.28398 of 2017Relied on¶21
2 provisions across 2 enactments
C.P.THEETHU
B.VASANTHA
THE SPECIAL TAHSILDAR (LAND REFORMS)
THE VILLAGE OFFICER MANTHUR
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
