Disposed

Kamarudeen v. the Special Tahsildr (Lr)

Kerala HC17 Dec 2020WP(C)/28285/2020

Case brief

AI extract

What is this about?

This writ petition sought expeditious disposal of suo motu proceedings before the special tahsildar (LR). The court directed the first respondent Land Tribunal to follow the specific disposal directions issued in the connected case W.P.(C) No.28398 of 2017.

What did the court decide?

Directed the 1st respondent Land Tribunal to follow the directions issued in W.P.(C) No.28398 of 2017 and expedite disposal of the pending matter.

Kamarudeen Vs the Special Tahsildr (Lr) — Landlord and Tenant | 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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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.28285 OF 2020(I)

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PETITIONER/S:

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KAMARUDEEN, S/O.BAVA, KARATTEYIL HOUSE, VATTAMKULAM, EDAPPAL P.O., MALAPPURAM DISTRICT.

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BY ADV. SRI.P.T.SHEEJISH

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RESPONDENT/S:

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1 THE SPECIAL TAHSILDR (LR), LAND TRIBUNAL, TIRUR, TIRUR PO, MALAPPURAM DISTRICT, KERALA, PIN 676 101.

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2 THE VILLAGE OFFICER, VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN 679 578.

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SRI KP HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28285 OF 2020(I) 2

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J U D G M E N T

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~~~~~~~~

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This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S.M.No.1214/2020, on the file of the Special Tahsildar (LR),Tirur.

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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 shall dispose of such cases of senior citizens on seniority basis within six

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WP(C).No.28285 OF 2020(I) 3

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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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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 issued

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WP(C).No.28285 OF 2020(I) 4

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

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well.

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

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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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Sru

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WP(C).No.28285 OF 2020(I) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 26.8.2020. EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF SUOMOTO PROCEEDINGS DATED 2.12.2020.

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RESPONDENT'S/S EXHIBITS: NIL

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/TRUE COPY/ P.A. TO JUDGE

Kamarudeen v. the Special Tahsildr (Lr)

Case brief

What is this about?

What did the court decide?

Kamarudeen v. the Special Tahsildr (Lr)

Case brief

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What did the court decide?

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