Abraham Karmel Mathew v. State of Kerala and Land Tribunal (LR), Ottapalam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943** ## **WP(C).No.6872 OF 2021(H)** ## **PETITIONER/S:** **ABRAHAM KARMEL MATHEW AGED 56 YEARS MEDICAL DIRECTOR, 7TH DAY ADVENTIST HOSPITAL, KANIYAMPURAM , OTTAPALAM, PALAKKAD DISTRICT** **BY ADVS. SRI.SANTHEEP ANKARATH SMT.C.K.SHERIN** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001** **2 LAND TRIBUNAL/SPECIAL TAHSILDAR (LAND REFORMS) OTTAPALAM, OTTAPALAM,-679 101, PALAKKAD DISTRICT** ## **OTHER PRESENT:** ## **SMT A.C.VIDHYA - GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.6872 OF 2021(H) -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 Special Tahasildar (LR) to conduct expeditious enquiry and to dispose of S.M.Nos. 122/2021, 123/2021, 124/2021 and 130/2021 on the file of the Land Tribunal, Ottappalam, within a time limit to be fixed by this Court. The _suo motu_ proceedings initiated by the Land Tribunal, Ottappalam 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 the properties lying in Sy.Nos.28/1, 28/5A, 26/2, 28/4, 26/4, 27/1, 28/2, 27/3 and 28/6 of Ottapalam I Village in Palakkad District. 2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. W.P(C).No.6872 OF 2021(H) -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.6872 OF 2021(H) -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 reports through the Revenue Inspectors on account of W.P(C).No.6872 OF 2021(H) -5- 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 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 W.P(C).No.6872 OF 2021(H) -6- ## 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, Ottapalam I Village, the Land Tribunal, Ottapalam initiated _suo motu_ proceedings as S.M.Nos.122/2021, 123/2021, 124/2021 and 130/2021, as evidenced by Exts.P6 to P8 receipts dated 17.02.2021 and Ext.P9 receipt dated 18.12.2021, 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 Government Pleader would point out that the total pendency of _suo motu_ proceedings in the Land Tribunal, Ottapalam is 2434. 7. Having considered the submissions made by the learned counsel on both sides this Court finds that the Land Tribunal, Ottapalam can be directed to dispose of S.M. W.P(C).No.6872 OF 2021(H) -7- Nos.122/2021, 123/2021, 124/2021 and 130/2021 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, Ottapalam, to dispose of S.M. Nos.122/2021, 123/2021, 124/2021 and 130/2021, strictly in accordance with law, following the directions issued by this Court in paragraph 2 of the judgment in **Narayanan Namboodiri** , referred to supra. 9. It is made clear that this Court has not expressed anything as to the merits of the claim made by the petitioner for purchase certificate and it is for the Land Tribunal to take an appropriate decision in the matter, strictly in accordance with law. No order as to costs. Sd/- **ANIL K.NARENDRAN, JUDGE.** bkn/- W.P(C).No.6872 OF 2021(H) -8- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF SALE DEED DATED 30.4.1962**| |---|---| ||**REGISTERED AS DOC NO.712/1962 OF SRO**| ||**OTTAPALAM**| |**EXHIBIT P2**|**TRUE COPY OF REPORT DATED 17.2.2021**| ||**SUBMITTED BY SPECIAL REVENUE INSPECTOR,**| ||**OFFICE OF THE SPECIAL TAHSILDAR (LAND**| ||**REFORMS0 OTTAPALAM IN S.M. NO.122/2021**| |**EXHIBIT P3**|**TRUE COPY OF REPORT DATED 17.2.2021**| ||**SUBMITTED BY SPECIAL REVENUE INSPECTOR,**| ||**OFFICE OF THE SPECIAL TAHSILDAR, (LAND**| ||**REFORMS) OTTAPALAM IN S.M.NO.123/2021**| |**EXHIBIT P4**|**TRUE COPY OF REPORT DATED 17.2.2021**| ||**SUBMITTED BY SPECIAL REVENUE INSPECTOR,**| ||**OFFICE OF THE SPECIAL TAHSILDAR, (LAND**| ||**REFORMS) OTTAPALAM IN S.M.NO.124/2021**| |**EXHIBIT P5**|**TRUE COPY OF REPORT DATED 17.2.2021**| ||**SUBMITTED BY SPECIAL REVENUE INSPECTOR,**| ||**OFFICE OF THE SPECIAL TAHSILDAR, (LAND**| ||**REFORMS) OTTAPALAM IN S.M.NO.130/2021**| |**EXHIBIT P6**|**TRUE COPY OF RECEIPT DATED 17.2.2021 IN**| ||**S.M.NO.122/2021 ISSUED FROM THE OFFICE OF**| ||**THE 2ND RESPONDENT**| |**EXHIBIT P7**|**TRUE COPY OF RECEIPT DATED 17.2.2021 IN**| ||**S.M.NO.123/2021 ISSUED FROM THE OFFICE OF**| ||**THE 2ND RESPONDENT**| |**EXHIBIT P8**|**TRUE COPY OF RECEIPT DATED 17.2.2021 IN**| ||**S.M.NO.124/2021 ISSUED FROM THE OFFICE OF**| ||**THE 2ND RESPONDENT**| |**EXHIBIT P9**|**TRUE COPY OF RECEIPT DATED 17.2.2021 IN**| ||**S.M.NO.130/2021 ISSUED FROM THE OFFICE OF**| ||**THE 2ND RESPONDENT**|