Allowed

Panchali v. State of Kerala

Kerala HC2 Aug 2021WP(C)/12214/2021

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by an 80-year-old senior citizen seeking directions to expedite pending suo motu proceedings for assigning landlord rights. The Court directed the Special Tahsildar to dispose of the matter in accordance with directions previously issued in Narayanan Namboodiri. (49 words)

What did the court decide?

The Special Tahsildar (Land Reforms), Ottappalam directed to dispose of S.M.No.2838/2018 following directions issued in Narayanan Namboodiri.

Panchali Vs State of Kerala — Land Acquisition | Kerala HC (2021)

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WP(C) NO. 12214 OF 2021

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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 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943

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WP(C) NO. 12214 OF 2021

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PETITIONER/S:

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PANCHALI, AGED 80 YEARS, W/O.LATE KRISHNANKUTTY, PANAMKUNNATH HOUSE, PALLIPPURAM POST, PARUDUR, PALLIPPURAM, PALAKKAD DISTRICT-679305.

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BY ADVS. BINU V V VEETTIL VALAPPIL S.K.PREMJITH MENON

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE VILLAGE OFFICER, PARUTHUR VILLAGE OFFICE, PARUDUR, PATTAMBI TALUK, PALAKKAD DISTRICT-679305.

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3 THE SPECIAL TAHSILDAR(LAND REFORMS), OFFICE OF THE SPECIAL TAHSILDAR (LR), MINI CIVIL STATION, OTTAPPALAM, PALAKKAD DISTRICT-679104.

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SRI SYED M THANGAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12214 OF 2021

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JUDGMENT

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

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(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to expedite the proceedings in SM 2838/2018 and pass appropriate orders within a time frame to be fixed by this Hon’ble Court.

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The petitioner states that she is in absolute ownership and

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possession of property admeasuring 70 cents in Re-Sy.Nos.63/8 and 214/5 of Paruthur Village, Palakkad District.

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It appears from Ext.P1 certificate produced by the petitioner that a suo moto proceeding has been initiated by the Special Thahsildar (LR), Ottappalam under Rule 5 of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970, for assignment of the right, title and interest of the landlord vested in the Government under Section 72 of the Kerala Land Reforms Act, 1963 and for issuance of a certificate of purchase under Section 72K of the said Act, read with Rule 14 of the said Rules and the same is pending as S.M.No.2838/2018. The petitioner is aggrieved by the delay in conclusion of the proceedings and her solitary prayer is for directions to the 3rd respondent to expedite the same.

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I have heard Sri. V.V. Binu, the learned counsel for the

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WP(C) NO. 12214 OF 2021

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petitioner and Smt. Sayed.M.Thangal, the learned Government Pleader.

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Sri. V.V. Binu, the learned counsel appearing for the petitioner would rely on the judgment of this Court in Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and another [Judgment dated 14.03.2018 in W.P.(C) No.28398 of 2017 and connected cases] and it is argued that similar directions be issued in this matter as well.

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The learned Government Pleader submits that the directions

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issued by this Court in Narayanan Namboodiri (supra) can be followed.

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I have considered the submissions advanced.

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In Narayanan Namboodiri (supra), this Court took note of

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the long pendency of matters before the Land Tribunals and it was felt that it would not be proper for this Court to issue orders to take matters out of turn of those cases wherein the petitioners were able to approach this Court. This Court had also issued directions to the Government to take measures to remove the stumbling blocks so that the proceedings could be expedited. In tune with the directions issued by this Court, orders were issued by the Government permitting the village officers to exercise powers of Revenue Inspectors. Directions were issued to keep cases filed by senior citizens in a special category with a view to expediting the same and the petitioners in those matters were directed to

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WP(C) NO. 12214 OF 2021

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cooperate with the Land Tribunal in effecting service of notice to the Landlords. Paragraph No.2 of the judgment is extracted below for convenience.

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“2. On consideration of the facts and circumstances as above, this Court is of the view that the following directions can be issued for 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 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 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 land owners 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

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WP(C) NO. 12214 OF 2021

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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 22.02.2018 will form part of this Judgment. (underline supplied)”

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Having considered the facts and circumstances and the

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submissions made across the bar, I am of the considered opinion that the directions issued by this Court in Narayanan Namboodiri (supra) can be followed and necessary directions can be issued.

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In the result, this writ petition is disposed of by directing the Special Thahsildar (L.R.), Ottappalam to dispose of S.M.No.2838/2018, following the directions issued by this Court in Narayanan Namboodiri (supra) and in accordance with law.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 12214 OF 2021

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APPENDIX OF WP(C) 12214/2021