Dismissed

Mathu v. the Special Tahsildar

Kerala HC23 Nov 2020WP(C)/20822/2020

Case brief

AI extract

What is this about?

Petitioners sought expeditious disposal of their special mensual orders (SMOs) pending before the respondent Land Tribunal. The court issued directions ordering the Tribunal to follow prior Court directions regarding senior citizen cases and expeditious disposal.

What did the court decide?

Directed the respondent Land Tribunal to follow the directions issued by this Court in related cases for expeditious disposal of pending matters.

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

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WP(C).No.20822 OF 2020(C)

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PETITIONERS:

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1 MATHU AGED 75 YEARS S/O.LATE CHAMI, CHERUKOTTU, PULLAMPADAM, VANDAZHY P.O., PALAKKAD.

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2 MANI, AGED 70 YEARS S/O.KANDU, ANITHIRUTHY, MUDAPALLUR, VANDAZHY, ALATHUR TALUK, PALAKKAD.

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3 JANAKI, AGED 70 YEARS W/O.MADHAVAN, PADINJARE VEEDU, KALLERI, KANNAMBRA P.O., PALAKKAD-678686.

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4 PARVATHY, W/O.LATE VELAYUTHAN, KUNNATHU VEEDU, KANNAMBRA P.O., PALAKKAD.

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5 MANI, AGED 70 YEARS S/O.CHIRBAN, PRASADAM HOUSE, THEKKETHARA, ANCHUMOORTHY MANGALAM P.O., PALAKKAD.

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6 KELAN, AGED 70 YEARS S/O.VELU, AZHIPPADAM, MUDAPALLUR P.O., VANDAZHY-II VILLAGE, PALAKKAD DISTRICT.

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7 THATHA, D/O.LATE KRISHNAN, KUNNUPARAMBU HOUSE, MUDAPPALLUR, ALATHUR TALUK, VANDAZHI-II VILLAGE, PALAKKAD DISTRICT.

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WP(C).No.20822 OF 2020

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BY ADVS. SRI.P.R.VENKATESH SRI.G.KEERTHIVAS

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RESPONDENT:

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THE SPECIAL TAHSILDAR LAND TRIBUNAL, OTTAPALAM, PALAKKAD DISTRICT-679103.

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SRI BIMAL K NATH 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.20822 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. 2759/2014 filed by the 1st petitioner, 500/2020 filed by the 2nd petitioner, 1673/2018 filed by the 3rd petitioner, 362/2020 filed by the 4th petitioner, 2678/2014 filed by the 5th petitioner, 384/2020 filed by the 6th petitioner and 593/2020 filed by the 7th petitioner. These matters are all pending on the file of the Special Tahsildar, Land Tribunal, Ottapalam.

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Heard the learned counsel appearing for the petitioners and the

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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

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WP(C).No.20822 OF 2020

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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 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,

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WP(C).No.20822 OF 2020

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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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4. 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.20822 OF 2020

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF RECEIPT IN RESPECT OF S.M.NO.2759/14 DATED 24.09.2014 IN THE MATTER OF THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN RESPECT OF SM.NO.500/2020 IN THE MATTER OF THE 2ND PETITIONER. EXHIBIT P3 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN THE CASE OF THE 3RD PETITIONER IN SM.NO.1673/2018 DATED 04.07.2018. EXHIBIT P4 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN THE CASE OF 4TH PETITIONER IN SM.NO.362/2020. EXHIBIT P5 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN THE CASE OF 5TH PETITIONER IN SM.NO.2678/2014 DATED 16.09.2014. EXHIBIT P6 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN THE CASE OF 5TH PETITIONER IN SM.NO.384/2020. EXHIBIT P7 TRUE COPY OF RECEIPT ISSUED BY THE RESPONDENT IN SM.NO.593/2020 IN THE CASE OF THE 7TH PETITIONER. EXHIBIT P8 TRUE COPY OF JUDGMENT IN W.P(C)NO.854/2018 DATED 14.03.2018 OF THIS HON'BLE COURT.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY// P.A TO JUDGE

Mathu v. the Special Tahsildar

Case brief

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Mathu v. the Special Tahsildar

Case brief

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