High Court of KeralaSingle JudgeDisposed of by directing that the suo motu case...

Ismail Konnola v. Land Tribunal (Land Reforms), Ottappalam; Kunnath Maimoona v. Land Tribunal (Land Reforms), Tirur

Case / Petition Number:WP(C).No.25523/2019(M) & WP(C).No.25586/2019(W)
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.K. Jayasankaran Nambiar
Judgment Date
2019-09-25
Court Decision / Holding
The writ petitions are disposed by directing that the suo motu cases referred to herein shall also be disposed by the Land Tribunal following the directions extracted from the 14.03.2018 judgment and GO 2018 order.
Final Disposition
Disposed of by directing that the suo motu cases shall be disposed by the Land Tribunal following the directions extracted above.

Parties to the Case

Appellants / Petitioners

  • ISMAIL KONNOLA, S/O KONNOLA ALAVI HAJI, KONNOLA HOUSE, DOWN HILL, MALAPPURAM DISTRICT
  • KUNNATH MAIMOONA, D/O KUNHEETH, KUNNATH HOUSE, CHERIKUTH, KUMMINIPARAMB P.O., MALAPPURAM DISTRICT

Respondents

  • LAND TRIBUNAL (LAND REFORMS), OTTAPPALAM, PALAKKAD DISTRICT
  • SPECIAL DEPUTY TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, OTTAPPALAM, PALAKKAD DISTRICT
  • LAND TRIBUNAL (LAND REFORMS), TIRUR, MALAPPURAM DISTRICT
  • SPECIAL TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, TIRUR, MALAPPURAM DISTRICT

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI. U.K. Devidas

Counsels for Respondents

  • • SRI. S. GOPINATHAN, SR. GOVERNMENT PLEADER

Case Synopsis & Summary

These writ petitions (WP(C).No.25523/2019(M) and WP(C).No.25586/2019(W)) seek expeditious disposal of suo motu proceedings numbered S.M.No.1553/2019 and S.M.No.1820/2019, pending before the Land Tribunals at Ottappalam and Tirur in Malappuram and Palakkad districts. The High Court recalls a learned Single Judge’s 14 March 2018 order in W.P.No.28398/2017 and connected matters, which laid down a structured protocol to accelerate disposal of land-revenue matters: (i) if Revenue Inspectors are short, reports may be obtained from Village Officers; (ii) senior citizens’ cases must be disposed on priority within six months; (iii) other cases should follow filing seniority and be disposed within 18 months unless stayed; (iv) notices to landowners may be issued by publication or other fit means; (v) the Deputy Collector shall follow the same procedure; (vi) where steps are completed and the matter is ripe for passing orders, the Tribunal shall pass orders within two months; (vii) the Government Order GO(P).No.09/2018/RD, dated 22/2/2018, will form part of the judgment. Taking cue from this judgment, the court disposes of the writ petitions by directing that the suo motu cases referred to above shall also be disposed by the Land Tribunal following these directions. The petitioners shall furnish copies of the writ petitions and this judgment to the Land Tribunals for further action.

Provisions of Law Cited

GO(P).No.09/2018/RD, dated 22 February 2018

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek expeditious disposal of the suo motu proceedings S.M.No.1553/2019 and S.M.No.1820/2019 before the Land Tribunals at Ottappalam and Tirur; they rely on the 2018 directions of a learned Single Judge to ensure timely disposal, including prioritising senior citizens, following seniority, and issuing notices to landowners by appropriate means.

Contentions of Respondents

The respondents contend that the Land Tribunals and Revenue authorities should adhere to the established framework and government directives, and await the Court’s directions to ensure prompt disposal in line with the 2018 directions.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Writ Petition No.28398/2017W.P.(C).No.28398/2017PositiveThe judgment explicitly cites and applies the directions from the 2018 learned Single Judge’s judgment in W.P.(C).No.28398/2017 and connected matters to expedite disposal of suo motu proceedings.

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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** **WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941** ## **WP(C).No.25523 OF 2019(M)** ## **PETITIONER/S:** **ISMAIL KONNOLA,S/O.KONNOLA ALAVI HAJI, KONNOLA HOUSE, DOWN HILL, MALAPPURAM DISTRICT.** **BY ADV. SRI.U.K.DEVIDAS** ## **RESPONDENT/S:** |**1**|**LAND TRIBUNAL (LAND REFORMS),**| |---|---| ||**OTTAPPALAM, PALAKKAD DISTRICT - 679 101.**| |**2**|**SPECIAL DEPUTY TAHSILDAR (LAND REFORMS),**| ||**LAND TRIBUNAL, OTTAPPALAM,**| ||**PALAKKAD DISTRICT - 679 101.**| **BY SRI. S. GOPINATHAN, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2019, ALONG WITH WP(C).25586/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.25523 & 25586 of 2019 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941** # **WP(C).No.25586 OF 2019(W)** ## **PETITIONER/S:** **KUNNATH MAIMOONA,D/O. KUNHEETH, KUNNATH HOUSE, CHERIKUTH, KUMMINIPARAMB P.O., MALAPPURAM DISTRICT.** **BY ADV. SRI.U.K.DEVIDAS** ## **RESPONDENT/S:** > 1 **LAND TRIBUNAL, (LAND REFORMS) TIRUR, MALAPPURAM DISTRICT - 676 101** - 2 **SPECIAL TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, TIRUR, MALAPPURAM DISTRICT 676 101** ## **SRI. S GOPINATHAN, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2019, ALONG WITH WP(C).25523/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.25523 & 25586 of 2019 3 ## **JUDGMENT** ## **[ WP(C).25523/2019, WP(C).25586/2019 ]** In these writ petitions the prayer of the petitioners is for an expeditious disposal of the suo motu proceedings numbered as S.M.No.1553/2019 and S.M.No.1820/2019, pending before the Land Tribunal, Ottappalam, Palakkad District and the Land Tribunal, Tirur, Malappuram District, respectively. 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. 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 WP(C)No.25523 & 25586 of 2019 4 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** sd WP(C)No.25523 & 25586 of 2019 5 **==> picture [467 x 618] intentionally omitted <==** WP(C)No.25523 & 25586 of 2019 6 **==> picture [463 x 701] intentionally omitted <==** WP(C)No.25523 & 25586 of 2019 7 ## **APPENDIX OF WP(C) 25523/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE CERTIFICATE DATED 21/08/2019 ISSUED BY THE SECOND RESPONDENT.** WP(C)No.25523 & 25586 of 2019 8 ## **APPENDIX OF WP(C) 25586/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 17/09/2019 ISSUED BY THE SECOND RESPONDENT.** ## **sd**