High Court of KeralaSingle Judge2021-03-29Disposed of

K T Vasudevan v. Deputy Collector (Land Reforms) and Village Officer, Killannur Village

Case / Petition Number:WP(C).No.8133 OF 2021(N)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
Judgment Date: 2021-03-29
Court Decision / Holding: Writ petition disposed of by directing the Land Tribunal, Thrissur, to dispose of S.M. No.215/2015 strictly in accordance with law, following the directions issued by this Court in paragraph 2 of the Narayanan Namboodiri judgment. No order as to costs.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

K T Vasudevan, aged 64 years S/O. Thachu, Kunnathully House, Door No.10/356/5, Thrissur Corporation, Chiyyaram Post, Thrissur-680026

Respondents

Deputy Collector (Land Reforms), Office of the Deputy Collector (Land Reforms), Civil Station, Ayyantho le, Thrissur-680003
Village Officer, Killannur Village, Mulangunnathukavu Post, Thrissur District-680581

Legal Representation & Advocates

Counsels for Petitioners

• Sri R. Sreehari

Counsels for Respondents

• Smt Rekha C Nair

Case Synopsis & Summary

This writ petition under Article 226 of the Constitution concerns expeditious disposal of suo motu proceedings initiated by the Land Tribunal, Thrissur under the Kerala Land Reforms Act, 1963, for assignment of the right, title and interest of government-vested landlords and for issuance of a certificate of purchase in respect of 0.1037 hectares in Killannur Village. The petitioner, a senior citizen aged 64, seeks a mandamus directing the Deputy Collector (LR) to expeditiously enquire and dispose of S.M. No.215/2015 on the file of the Land Tribunal. The court recalls the decision in Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and another (W.P.(C) No.28398 of 2017 and connected cases), which laid down directions for expeditious disposal of Land Tribunal cases while preserving seniority and avoiding out-of-turn disposal. The judgment notes the Government Order G.O.(P).No.09/2018/RD dated 22.02.2018 and the role of Village Officers in reporting to Tribunals, and directs the Land Tribunal to dispose of S.M.215/2015 strictly in accordance with law following the Narayanan Namboodiri guidelines. It highlights the pendency of cases (about 10,800) and emphasizes prioritizing senior citizens, while ensuring other cases proceed by seniority within set time frames. The writ petition is disposed with no order as to costs, directing adherence to the Narayanan Namboodiri directions for expeditious disposal.

Provisions of Law Cited

Article 226 of the Constitution of IndiaSection 72 of the Kerala Land Reforms Act, 1963Section 72K of the Kerala Land Reforms Act, 1963Rule 14 of the Kerala Land Reforms Rules, 1970Rule 5 of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970Section 99 of the Kerala Land Reforms Act, 1963

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that he is a senior citizen and seeks mandamus to compel expeditious enquiry and disposal of S.M. No.215/2015 by the Land Tribunal. He highlights the significant pendency (around 10,800 cases) and asserts that expeditious disposal is essential to safeguard his rights and to enable timely possession or certificate of purchase. The petitioner relies on the principle laid down in Narayanan Namboodiri to ensure that cases, especially those filed by senior citizens, are disposed of on the basis of seniority and within specified time frames, rather than out-of-turn. He also points to Rule 5 of the Kerala Land Reforms Rules and Rule 14, as well as Section 72 and 72K of the KLR Act, to justify the mechanism for expeditious processing and issuance of a certificate of purchase. The court is urged to issue a mandamus and to direct the Land Tribunal to follow the established directions for expeditious disposal, thereby safeguarding the petitioner’s statutory and constitutional rights.

Contentions of Respondents

The respondents submit that while expeditious disposal is desirable, the Land Tribunal must adhere to the seniority principle and not disrupt the established queue. They note the large pendency and emphasize that the Tribunal should operate within the framework established by Narayanan Namboodiri, including six-month priority for senior citizens and an 18-month maximum outer limit for other cases, unless stayed by higher authorities. They advocate using GO 2018/ RD directions and enabling reports from Village Officers to expedite processes without compromising due process. The respondents contend that notices and service must be managed with reasonable efficiency, and that the Deputy Collector should utilize the same procedures as outlined in the Narayanan Namboodiri judgment. They argue against any out-of-turn or ad hoc disposal, and support a structured approach to ensure fair, law-based resolution while addressing the Tribunal’s workload.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and another	W.P.(C)No.28398 of 2017 and connected cases	Positive	This earlier judgment provided the expeditious disposal framework and priority to senior citizens, which the present court adopts and applies to direct disposal of S.M.No.215/2015.
W.P.(C) No.7143/2021	W.P.(C) No.7143/2021	Mentioned Only	Exhibit reference (P7) to a contemporaneous judgment; cited as background material rather than as a binding ratio in the present order.

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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 ANIL K.NARENDRAN** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **WP(C).No.8133 OF 2021(N)** ## **PETITIONER/S:** **K T VASUDEVAN, AGED 64 YEARS S/O. THACHU, KUNNATHULLY HOUSE, DOOR NO.10/356/5, THRISSUR CORPORATION, CHIYYARAM POST, THRISSUR-680026.** **BY ADV. SRI.R.SREEHARI** ## **RESPONDENT/S:** |**1**|**DEPUTY COLLECTOR (LAND REFORMS)**| |---|---| ||**OFFICE OF THE DEPUTY COLLECTOR (LAND REFORMS),**| ||**CIVIL STATION, AYYANTHOLE, THRISSUR-680003.**| |**2**|**VILLAGE OFFICER,**| ||**KILLANNUR VILLAGE,**| ||**MULANGUNNATHUKAVU POST,**| ||**THRISSUR DISTRICT-680581.**| ## **OTHER PRESENT:** ## **SMT REKHA C NAIR- SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.8133 OF 2021(N) -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 respondent Deputy Collector (LR) to conduct expeditious enquiry and to dispose of S.M.No.215/2015 on the file of the Land Tribunal, Thrissur, within a time limit to be fixed by this Court. The _suo motu_ proceedings initiated by the Land Tribunal, Thrissur 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 0.1037 Hectares of land comprised in Sy.No.259 pt of Killannur Village in Thrissur District. 2. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents. W.P(C).No.8133 OF 2021(N) -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.8133 OF 2021(N) -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.8133 OF 2021(N) -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.8133 OF 2021(N) -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, Killannur Village, the Land Tribunal, Thrissur initiated _suo motu_ proceedings as S.M.No.215/2015, as evidenced by Ext.P4 communication dated 09.03.2018, 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 64 years. The learned Government Pleader would point out that the total pendency of _suo motu_ proceedings in the Land Tribunal, Thrissur is 10800. W.P(C).No.8133 OF 2021(N) -7- 7. Having considered the submissions made by the learned counsel on both sides this Court finds that the Land Tribunal, Thrissur can be directed to dispose of S.M.No.215/2015 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, Thrissur, to dispose of S.M. No.215/2015, 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.8133 OF 2021(N) -8- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF DOCUMENT NO.4523/2014 OF SRO, THRISSUR. EXHIBIT P2 PHOTOCOPY OF BASIC TAX RECEIPT DATED 15/07/2020. EXHIBIT P3 PHOTOCOPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 PHOTOCOPY OF COMMUNICATION DATED 09/03/2018 OF THE 1ST RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE REPORT OF THE 2ND RESPONDENT DATED 05/04/2018. EXHIBIT P6 PHOTOCOPY OF THE JUDGMENT IN WPC NO.28398/2017 ETC. DATED 14/03/2018 OF THI COURT. EXHIBIT P7 PHOTOCOPY OF THE JUDGMENT IN WPC NO.7143/2021 DATED 19/03/2021 OF THIS COURT.**