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Sahira v. the Special Thahsildar(Lr)

Kerala HC7 Jul 2021WP(C)/13422/2021

Case brief

AI extract

What is this about?

Petitioner sought writ under Article 226 directing Land Tribunal to expedite suo moto proceedings regarding assignment of vested landlord interest. Court relied on Narayanan Namboodiri judgment and directed Tribunal to dispose the case following established timelines for senior citizens and general cases.

What did the court decide?

Directed Land Tribunal to dispose of S.M. Case No.721/2021 following the directions issued in Narayanan Namboodiri regarding timeframes for disposal based on seniority.

Sahira Vs the Special Thahsildar(Lr) — Partition | Kerala HC (2021)

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WP(C) NO. 13422 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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WEDNESDAY, THE 7^TH DAY OF JULY 2021 / 16TH ASHADHA, 1943 WP(C) NO. 13422 OF 2021

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PETITIONER/S:

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SAHIRA

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AGED 49 YEARS D/O MOHAMMEDALI, KOMBATHAYIL HOUSE, KUTTIPURAM P.O., MALAPPURAM DISTRICT, PIN - 676101.

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BY ADV P.T.SHEEJISH

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RESPONDENT/S:

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1 THE SPECIAL THAHSILDAR (LR), LAND TRIBUNAL - TIRUR, TIRUR P.O., MALAPPURAM DISTRICT, KERALA - 676306.

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2 THE VILLAGE OFFICER, KUTTIPURAM VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN - 676303.

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SMT VIDHYA A.C, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13422 OF 2021

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JUDGMENT

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The above-captioned 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 to the first respondent to consider and dispose the S.M.Case No.721/2021, pending before him, within a timeframe fixed by this Hon’ble Court.

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The petitioner states that she is in possession of 03.72 Ares of land comprised in Re-Sy.No.162/6A of Kuttippuram Village in Malappuram District.

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It appears from Exhibit P2 certificate produced by the petitioner that a suo moto proceeding has been initiated by the Land Tribunal, Tirur 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.

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The petitioner is aggrieved by the delay in conclusion of the proceedings and her solitary prayer is for directions to the Tribunal to expedite the same.

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I have heard Sri. P.T.Sheejish, the learned counsel for the

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WP(C) NO. 13422 OF 2021

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petitioner and Smt.Vidhya, the learned Government Pleader.

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Sri Sheejish, the learned counsel appearing for the petitioner would rely on the judgement 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 issued

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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 the

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

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WP(C) NO. 13422 OF 2021

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for convenience.

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“2. On consideration of the facts and circumstances as above, this Court is of the

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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 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

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WP(C) NO. 13422 OF 2021

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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 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 Land Tribunal, Tirur, to dispose of S.M.No.721/2021, 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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DSV

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WP(C) NO. 13422 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 29.4.2021. EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF SUOMOTU PROCEEDINGS AS SM NO.721/21 DATED 5.5.2021.

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RESPONDENTS EXHIBITS:NIL

Sahira v. the Special Thahsildar(Lr)

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Sahira v. the Special Thahsildar(Lr)

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