Disposed

Janaki v. the Special Tahsildar (Land Reforms)

Kerala HC15 Sept 2020WP(C)/18893/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a senior citizen seeking expeditious disposal of suo motu proceedings. The court directed the respondents to follow the directions of a prior judgment mandating specific timelines for senior citizen cases in land tribunals.

What did the court decide?

Direction to the 1st respondent to follow the directions issued in the prior judgment to dispose of the matter.

Janaki Vs the Special Tahsildar (Land Reforms) — Land Acquisition | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

¶5

WP(C).No.18893 OF 2020(J)

¶6

PETITIONER/S:

¶7

JANAKI, AGED 86 YEARS, W/O.VELAYUDHAN, CHERINKAL HOUSE, ANIKODE, KARIYAMKODE P.O., PALAKKAD DISTRICT - 678 572.

¶8

BY ADV. SRI.BINOY VASUDEVAN

¶9

RESPONDENT/S:

¶10

1 THE SPECIAL TAHSILDAR (LAND REFORMS), OFFICE OF THE SPECIAL TAHSILDAR (LR), MINI CIVIL STATION, OTTAPPALAM - 679 104.

¶11

2 THE VILLAGE OFFICER, MANTHUR II VILLAGE, MATHUR P.O., PALAKKAD DISTRICT.

¶12

SRI K.P HARISH, SENIOR GOVERNMENT PLEADER

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No.18893 OF 2020(J)

¶15

¶16

JUDGMENT

¶17

This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S.M.Nos.625/2020 and 374/2020, on the file of the Special Tahsildar (LR), Ottapalam.

¶18

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

¶19

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:

¶20

“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.

¶21

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 on seniority basis within six months.

¶22

WP(C).No.18893 OF 2020(J)

¶23

¶24

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.

¶25

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.

¶26

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

¶27

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.

¶28

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

¶29

I am of the considered opinion that necessary directions can be issued to the Tribunal to follow the directions issued by this Court in the instant case as well.

¶30

WP(C).No.18893 OF 2020(J)

¶31

¶32

In the result, this Writ Petition is disposed of directing the 1st respondent

¶33

to follow the directions and dispose of the matter.

¶34

Sd/-

¶35

RAJA VIJAYARAGHAVAN V

¶36

JUDGE

¶37

DSV/15.9.2020

¶38

WP(C).No.18893 OF 2020(J)

¶39

¶40

APPENDIX

¶41

PETITIONER'S/S EXHIBITS:

¶42

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT ON 22/07/2020 THROUGH THE REVENUE INSPECTOR, OTTAPPALAM.

¶43

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 07/08/2020.

¶44

EXHIBIT P3 TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED NIL. EXHIBIT P4 TRUE COPY OF RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 07/03/2020. EXHIBIT P5 TRUE COPY OF THE CT SCAN REPORT OF THE PETITIONER ISSUED BY THE RAJEEV GANDHI COOPERATIVE HOSPITAL, PALAKKAD DATED 07/12/2019.

¶45

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 14/03/2018 IN W.P.(C) NO.28398/2017.

¶46

RESPONDENT'S/S EXHIBITS:

¶47

NIL

¶48

//TRUE COPY// P.A.TO JUDGE

Janaki v. the Special Tahsildar (Land Reforms)

Case brief

What is this about?

What did the court decide?

Janaki v. the Special Tahsildar (Land Reforms)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

U.K.Santhoshkumar Vs City Police Commissioner

Kalathingal Eshaque, Vs the District Collector

Jithin Shankar K. Vs the District Police Chief, Kozhikode

V.M.Ravi Vs the Deputy Collector

Khadeeja Achambamat Vs the Special Thahsildar (Lr)

C.P.Theethu Vs the Special Tahsildar (Land Reforms)