Disposed

Kammali v. the Special Tahasildar(Land Reforms )

Kerala HC21 Dec 2020WP(C)/28501/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition arising from suo motu proceedings regarding the expeditious disposal of cases by the Land Tribunal, directing the respondent to follow prior court directions. No legal principles were laid down as the order was procedural.

What did the court decide?

Directed the 1st respondent to follow directions issued by this Court in a prior writ petition for expeditious disposal of pending Land Tribunal cases.

Kammali Vs the Special Tahasildar(Land Reforms ) — Kerala HC (2020) — LawSathi Research

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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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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.28501 OF 2020(K)

PETITIONERS:

1 KAMMALI

AGED 53 YEARS

S/O. MUHAMMED MUSALIYAR, MADOTHODI HOUSE, VILATHUR, THIRUVEGAPPURA POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679 304

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2 SIVASANKARAN

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AGED 55 YEARS

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S/O. RAMAN NAIR, KARUPPANGATTIL (ANJALI NIVAS), VILATHUR, THIRUVEGAPPURA POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679 304

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BY ADV. SRI.R.SREEHARI

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RESPONDENTS:

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1 THE SPECIAL TAHASILDAR(LAND REFORMS ) PATTAMBI, OFFICE OF MINI CIVIL STATION, OTTAPALAM-679 104

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2 THE VILLAGE OFFICER, THIRUVEGAPPURA VILLAGE, VILATHUR,POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679 304

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SRI KP HARISH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28501 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.No.984/2020, on the file of the 1st respondent.

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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

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WP(C).No.28501 OF 2020

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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, 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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WP(C).No.28501 OF 2020

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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 1st 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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IAP

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WP(C).No.28501 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTO COPY OF THE BASIC TAX -RECEIPT DATED 23.11.2020 EXHIBIT P2 PHOTO COPY OF RECEIPT DATED 30.11.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 PHOTO COPY OF JUDGMENT IN WPC NO.28398/2017 ETC DATED 14.03.2018 OF THIS COURT EXHIBIT P4 PHOTO COPY OF JUDGMENT IN WPC NO.20028/2020 ETC DATED 25.09.2020 OF THIS COURT

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Kammali v. the Special Tahasildar(Land Reforms )

Case brief

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Kammali v. the Special Tahasildar(Land Reforms )

Case brief

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