Disposed

Pathummakkutty v. the Special Thahsildar

Kerala HC5 Oct 2020WP(C)/3909/2020

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition by directing the Special Thaisildar, Land Tribunal, Malappuram to follow earlier directions for expeditious disposal of land tribunal matters, including timelines for senior citizen cases.

What did the court decide?

Direction to the 3rd respondent (Special Tahsildar, Land Tribunal, Malappuram) to follow earlier court directions and dispose of the matter.

Pathummakkutty Vs the Special Thahsildar — 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

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MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942

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WP(C).No.3909 OF 2020(K)

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PETITIONER(S) :

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PATHUMMAKKUTTY, AGED 50 YEARS, D/O MUHAMMED, RESIDING AT ALERIVALAPPIL HOUSE, VETTOM, PALLIPPURAM P.O., MALAPPURAM DISTRICT-676 102.

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BY ADVS. SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SRI.C.H.ABDUL RASAC

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RESPONDENT(S) :

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1 THE SPECIAL THAHSILDAR, LAND TRIBUNAL, TIRUR, TIRUR P.O., MALAPPURAM-676 105.

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2 THE VILLAGE OFFICER, TRIPRANGODE VILLAGE, TIRUR, MALAPPURAM-676 105.

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ADDITIONAL R3 IMPLEADED

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THE SPECIAL TAHSILDAR, 3 LAND TRIBUNAL, MALAPPURAM, CIVIL STATION,UPHILL, MALAPPURAM-676505. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05-10-2020 IN IA 1/2020)

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SRI KP HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3909 OF 2020(K) 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.590/2019 on the file of the Special Tahsildar, Land Tribunal, Malappuram.

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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

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WP(C).No.3909 OF 2020(K) 3

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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, 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.3909 OF 2020(K) 4

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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 3rd 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.3909 OF 2020(K) 5

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE DATED 15.3.2019 ISSUED BY THE LAND TRIBUNAL, TIRUR.

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RESPONDENT(S) EXHIBITS : NIL

Pathummakkutty v. the Special Thahsildar

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Pathummakkutty v. the Special Thahsildar

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