Haridas vs Special Tahsildar (L.R.), Ottapalam; VASU vs Special Tahsildar (L.R.), Ottapalam

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A.K. Jayasankaran Nambiar
Judgment Date: 2019-09-26
Court Decision / Holding: Writ petitions disposed by directing that the suo motu cases shall also be disposed by the Land Tribunal following the directions extracted from the 2018 judgment; petitioners to furnish copies of the writ petitions and the judgment before the Land Tribunal for action.
Final Disposition: Disposed of writ petitions with directions to dispose suo motu cases per the 2018 directions and to follow the specified timelines; copies to be furnished to Land Tribunal for action.

Parties to the Case

Appellants / Petitioners

Haridas (aged 68) S/o Prebakharan
VASU (aged 64) S/o Velayudhan

Respondents

Special Tahsildar (L.R.) Office of the Special Tahsildar (L.R.), Ottapalam, Palakkad - 679 104

Legal Representation & Advocates

Counsels for Petitioners

• Sri. V.A. Johnson (Varikkappallil)

Counsels for Respondents

• Sri. S. Gopinathan (Government Pleader)

Case Synopsis & Summary

This joint writ petition concerns expeditious disposal of suo motu proceedings S.M.No.1396/2019 and S.M.No.485/2015 pending before the Land Tribunal, Ottappalam, Palakkad. The petitioners, Haridas and VASU, seek faster resolution of long-pending land-revenue matters affecting them as senior citizens. The court recalls a prior order dated 14 March 2018 by a learned Single Judge in Writ Petition No.28398/2017 and connected cases, which laid down specific directions to expedite proceedings and to respect seniority. The directions required the Land Tribunal to obtain reports from Village Officers if Revenue Inspectors report delays; to give priority to senior citizens with disposal within six months; and to ensure other cases are disposed within 18 months, preserving case seniority unless stayed; parties may be notified by publication; Deputy Collector matters should follow the same procedure; ripe matters must be decided within two months; the Government Order G.O.(P).No.09/2018/RD dated 22/02/2018 forms part of the judgment. The present Judge adopts these directions as the framework for disposal of the suo motu cases. Accordingly, the court disposes of the petitions by directing that the suo motu cases be disposed by the Land Tribunal in the manner specified, requiring the petitioners to submit copies of the writ petitions and the judgment for action. The order emphasizes expeditious disposal and adherence to seniority in land-revenue proceedings.

Provisions of Law Cited

G.O.(P).No.09/2018/RD (dated 22/02/2018) will form part of this Judgment.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek expeditious disposal of the suo motu proceedings before the Land Tribunal, relying on the 14 March 2018 order in Writ Petition No.28398/2017 and connected cases. They urge adherence to the seniority framework, priority for senior citizens, and timely disposal within six months for senior cases and within 18 months for others, subject to stays and proper notices.

Contentions of Respondents

The Respondents’ detailed submissions are not set out in the provided excerpt; the Court proceeds to apply the established framework and directions from the 2018 judgment, emphasizing adherence to procedural timelines and the need for expeditious disposal.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Writ Petition No.28398/2017 and connected cases	WP(C).No.28398/2017	Positive	The current judgment explicitly cites and adopts the directions laid down in the 2018 Single Judge judgment, applying them to the present cases.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **THURSDAY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941** ## **WP(C).No.25690 OF 2019(I)** ## **PETITIONER:** **HARIDAS AGED 68 YEARS S/O. PREBHAKARAN, PANAYAMCHIRAPERUKUNNAM, THENKURISSIII VILLAGE, ALATHUR, PALAKKAD** **BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)** **RESPONDENT:** **SPECIAL TAHSILDAR(L.R) OFFICE OF THE SPECIAL TAHSILDAR(L.R.) OTTAPALAM, PALAKKAD-679 104** **BY GOVERNMENT PLEADER SRI.S GOPINATHAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2019, ALONG WITH WP(C).No.25696 OF 2019(J)THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **THURSDAY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941** ## **WP(C).No.25696 OF 2019(J)** ## **PETITIONER:** **VASU** **AGED 64 YEARS S/O. VELAYUDHAN, PERUVAMBU VILLAGE, CHORAKODE P.O., PALAKKAD.** **BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)** **RESPONDENT:** **SPECIAL TAHSILDAR(L.R) OFFICE OF THE SPECIAL TAHSILDAR (L.R), OTTAPALAM, PALAKKAD - 679 104.** ## **BY GOVERNMENT PLEADER SRI.S GOPINATHAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2019, ALONG WITH WP(C).No.25690 OF 2019(I)THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.25690 OF 2019(I) & WP(C).No.25696 OF 2019(J)** 3 ## **JUDGMENT** In these writ petitions the prayer of the petitioners is for an expeditious disposal of the suo motu proceedings numbered as S.M.No.1396/2019 and S.M.No.485/2015, pending before the Land Tribunal, Ottappalam, Palakkad District. I note in this connection that by judgment dated 14.03.2018 in Writ Petition No.28398/2017 and connected cases a learned Single Judge has issued the following directions for the 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 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. **WP(C).No.25690 OF 2019(I) & WP(C).No.25696 OF 2019(J)** 4 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 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 22/2/2018 will form part of this Judgment.” 2. Taking cue from the said judgment of the learned Single Judge, I dispose the Writ Petition by directing that the suo motu cases referred in these Writ Petitions shall also be disposed by the Land Tribunal following the directions extracted above. The petitioner shall produce a copy of the Writ Petition along with the copy of the judgment before the Land Tribunal for further action. Sd/- **A.K.JAYASANKARAN NAMBIAR JUDGE** mns **WP(C).No.25690 OF 2019(I) &** **WP(C).No.25696 OF 2019(J)** **==> picture [413 x 545] intentionally omitted <==** 5 **WP(C).No.25690 OF 2019(I) &** **WP(C).No.25696 OF 2019(J)** **==> picture [370 x 559] intentionally omitted <==** 6 **WP(C).No.25690 OF 2019(I) & WP(C).No.25696 OF 2019(J)** 7 ## **APPENDIXWP(C).No.25690 OF 2019(I)** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 17.07.2019. RESPONDENTS EXHIBITS NIL** **//TRUE COPY//** **P.A TO JUDGE** **WP(C).No.25690 OF 2019(I) & WP(C).No.25696 OF 2019(J)** 8 ## **APPENDIX-WP(C).No.25696 OF 2019(J)** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 25.02.2015. RESPONDENTS EXHIBITS NIL** **//TRUE COPY//** **P.A TO JUDGE**