This writ petition sought expeditious disposal of suo motu proceedings invoking directions issued for the Land Tribunal to expedite cases involving senior citizens and general backlogs.
The respondent directed to follow the directions issued by the Court in WP(C) No.28398 of 2017 and dispose 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
FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942
WP(C).No.22702 OF 2020(K)
PETITIONER:
JANAKI,
W/O. LATE RAGHAVAN, MELAZHI HOUSE, THOTTATHIL, THOLANNUR, KUTHANNUR-II VILLAGE, ALATHUR, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR (L.R), OFFICE OF THE SPECIAL TAHSILDAR (L.R), MINI CIVIL STATION, OTTAPPALAM, PATTAMBI, PALAKKAD 679 104.
SRI BIMAL K NATH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22702 OF 2020(K)
2
JUDGMENT
This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S.M.No.765/2020, on the file of the Special Tahsildar (LR), Pattambi.
“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 on seniority basis within six months.
iii. In respect of all other cases, the Land Tribunal shall follow the
WP(C).No.22702 OF 2020(K) 3
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 22/2/2018 will form part of this Judgment.”
to the Tribunal to follow the directions issued by this Court in the instant case as well.
WP(C).No.22702 OF 2020(K) 4
In the result, this Writ Petition is disposed of directing the respondent to
follow the directions and dispose of the matter.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/23.10.2020
WP(C).No.22702 OF 2020(K) 5
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 01.10.2020.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
2 issues framed by the court
Whether the Special Tahsildar (LR) is directed to follow expeditious disposal directions under prior land tribunal orders.
What is the procedure for adopting existing court directions for the disposal of pending land tribunal cases?
Janaki
Special Tahsildar (LR)
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
