The Court disposed of a writ petition seeking that the Land Tribunal follow earlier directions to expedite disposal of cases filed by senior citizens within six months on a seniority basis, particularly suo motu proceedings.
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 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
WP(C).No.7514 OF 2020(L)
PETITIONER(S) :
HARIDASAN P., AGED 70 YEARS, S/O. LATE PAZHANANKUTTY, KAZHANICHIRA HOUSE, CHITTILAMCHERRY P.O., ALATHUR TALUK, PALAKKAD DISTRICT-678904.
BY ADV. SRI.S.SUJIN
RESPONDENT(S) :
1 THE LAND TRIBUNAL, OTTAPPALAM, PALAKKAD DISTRICT-678904.
SRI K.P. HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7514 OF 2020
2
JUDGMENT
This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S.M.Nos.1922/2019 and 1923 of 2019, on the file of the Land Tribunal, Ottapalam.
ii. Utmost importance should be given for expeditious disposal
WP(C).No.7514 OF 2020
3
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 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.
WP(C).No.7514 OF 2020
4
vii. The Government order, G.O.(P).No.09/2018/RD, dated
22/2/2018 will form part of this Judgment.”
issued to the Tribunal to follow the directions issued by this Court in the instant case as well.
In the result, this Writ Petition is disposed of directing the 1st respondent to follow the directions and dispose of the matter.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C).No.7514 OF 2020
5
APPENDIX
PETITIONER(S) EXHIBITS:
EXHIBIT P1 TRUE COPY OF LETTER DATED 28.01.2019 OF THE 2ND RESPONDENT TO THE TAHSILDAR, LAND TRIBUNAL, OTTAPALAM.
EXHIBIT P2 RECEIPT DATED 30.10.2019 ISSUED BY THE OFFICE OF THE SPECIAL TAHSILDAR (LR), OTTAPPALAM FOR S.M. NO.1922/2019. EXHIBIT P3 RECEIPT DATED 30.10.2019 ISSUED BY THE OFFICE OF THE SPECIAL TAHSILDAR (LR), OTTAPPALAM FOR S.M.NO.1923/2019.
EXHIBIT P4 AFFIDAVIT DATED 08.07.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THOUGH VILLAGE OFFICER, THENKURISSY VILLAGE. EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.07.2019 ISSUED BY THE THENKURISSY VILLAGE OFFICE.
EXHIBIT P6 TRUE COPY OF BASIC TAX RECEIPT DATED 29.07.2019 FOR THE PERIOD 2019-20 ISSUED BY THE TALUK OFFICE, ALATHUR.
EXHIBIT P7 TRUE COPY OF THE CORONARY ANGIOGRAM REPORT DATED 30.01.2017 ISSUED BY THE DEPARTMENT OF CARDIOLOGY, DISTRICT HOSPITAL, PALAKKAD.
RESPONDENT(S) EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
1 issue framed by the court
Whether the Land Tribunal can be directed to dispose of plaints filed by senior citizens within six months in expeditious proceedings.
HARIDASAN P.
THE LAND TRIBUNAL, OTTAPPALAM, PALAKKAD DISTRICT-678904.
THE TAHSILDAR, TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT-678904.
THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-678904.
STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
