Abdurahiman v. The Land Tribunal (Devaswom), Malappuram and The Deputy Collector (Land Reforms), Malappuram

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942** ## **WP(C).No.4239 OF 2021(D)** ## **PETITIONER/S:** # **ABDURAHIMAN, AGED 62 YEARS S/O. KUNHAYAMU, KANMALI HOUSE, PONMUNDAM P.O, MALAPPURAM DISTRICT-676 106** **BY ADVS. SRI.JAMSHEED HAFIZ SMT.K.K.NESNA** ## **RESPONDENT/S:** **1 THE LAND TRIBUNAL (DEVASWOM) MALAPPURAM, REPRESENTED BY THE DEPUTY COLLECTOR (LAND REFORMS), MALAPPURAM, COLLECTORATE, UP HILL P.O, MALAPPURAM DISTRICT-676 505 2 THE DEPUTY COLLECTOR (LAND REFORMS), MALAPPURAM, COLLECTORATE, UP HILL P.O, MALAPPURAM DISTRICT-676 505.** ## **OTHER PRESENT:** ## **SMT K.AMMINIKUTTY - SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.4239 OF 2021(D) -2- ## **J U D G M E N T** The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Deputy Collector (LR) to conduct expeditious enquiry and to dispose of S.M.No.72/2021 on the file of the Land Tribunal (Devasom), Malappuram, within a time limit to be fixed by this Court. The _suo motu_ proceedings initiated by the Land Tribunal (Devasom), Malappuram under Rule 5 of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970, is one 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 certificate of purchase under Section 72K of the said Act, read with Rule 14 of the said Rules, in respect of 1.66 and 1.57 Ares of land comprised in Re.Sy.No.387/5 of Thanalur Village in Malappuram District. 2. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents. W.P(C).No.4239 OF 2021(D) -3- 3. 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] this Court noticed that in the writ petitions seeking expeditious disposal of the applications pending before the Land Tribunal for obtaining purchase certificate, many of the petitioners realised the need for purchase certificate only when they approached the Bank to obtain a loan. Filing writ petitions seeking expeditious disposal of the applications pending before the Land Tribunal is a routine affair before this Court. Breaking the queue by directing the Land Tribunals to dispose of the cases out of turn would result in derailing the process of disposal of the cases pending before the Tribunal. Therefore, the Land Tribunal is bound to dispose the cases in accordance with the seniority of registration of such cases. 4. In **Narayanan Namboodiri** , this Court noticed that by G.O.(P).No.09/2018/RD dated 22.02.2018 the Government of Kerala appointed the Village Officers coming within the jurisdiction of each Land Tribunal constituted under Section 99 of W.P(C).No.4239 OF 2021(D) -4- the Kerala Land Reforms Act, 1963 for bringing to the notice of the Land Tribunal concerned any fact or information required by the Land Tribunal or for moving that Tribunal to take any action necessary for the implementation of the provisions of the said Act. Therefore, there may not be any difficulty to obtain the reports through the Village Officers concerned. Before this Court, the Government in principle agreed for speedy disposal of the cases filed by the senior citizens and addressed all the Land Tribunals to give priority to such cases. This Court noticed that in some of the cases, delay occurred on account of serving notice on the landlords, which can be averted if the applicant in such cases co-operate with the Land Tribunal in taking out notice to such persons. On consideration of the facts and circumstances, this Court disposed of those writ petitions with certain directions. Paragraph 2 of the said judgment reads thus; “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: (i) If it is felt that there is delay in obtaining W.P(C).No.4239 OF 2021(D) -5- 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. - (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. - (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. - (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. - (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 W.P(C).No.4239 OF 2021(D) -6- 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. (vii) The Government order, G.O.(P).No.09/2018/ RD, dated 22.02.2018 will form part of this Judgment.” (underline supplied) 5. In the instant case, based on the report of the Village Officer, Thanalur Village, the Land Tribunal (Devasom), Malappuram initiated _suo motu_ proceedings as S.M.No.72/2021, as evidenced by Ext.P1 dated 07.12.2020, 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 certificate of purchase under Section 72K of the said Act, read with Rule 14 of the said Rules, in respect of the property referred to hereinbefore. 6. The learned counsel for the petitioner would point out that the petitioner is a senior citizen aged 62 years. The learned Senior Government Pleader would point out that the total W.P(C).No.4239 OF 2021(D) -7- pendency of _suo motu_ proceedings in the Land Tribunal (Devasom), Malappuram is 8514. 7. Having considered the submissions made by the learned counsel on both sides this Court finds that the Land Tribunal (Devasom), Malappuram can be directed to dispose of S.M.No.72/2021 following the directions issued by this Court in **Narayanan Namboodiri** , referred to supra. 8. In the result, this writ petition is disposed of by directing the Land Tribunal (Devasom), Malappuram to dispose of S.M.No.72/2021, strictly in accordance with law, following the directions issued by this Court in paragraph 2 of the judgment in **Narayanan Namboodiri** , referred to supra. No order as to costs. Sd/- **ANIL K.NARENDRAN, JUDGE.** bkn/- W.P(C).No.4239 OF 2021(D) -8- ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE SUO MOTO REPORT OF THE VILLAGE OFFICER, THANALUR DATED 07.12.2020.**