K.P. Saradha, Vijaya Lakshmi K.S. and Karunakaran K.S. v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942** ## **WP(C).No.26794 OF 2020(Y)** ## **PETITIONERS:** |**1**||**K.P.SARADHA,**| |---|---|---| |||**AGED 87 YEARS**| |||**W/O. SETHUMADHAVAN NAIR, MANNATTIL HOUSE,**| |||**PERUVASSERY (PO), VADAKKANCHERRY, PALAKKAD-678**| |||**686.**| |**2**||**VIJAYALAKSHMI K.S**| |||**AGED 50 YEARS**| |||**W/O. VIPIN MENON, MANNATTIL HOUSE, PERUVASSERY**| |||**(PO), VADAKKANCHERRY, PALAKKAD-678 686.**| |**3**||**KARUNAKARAN K.S.**| |||**AGED 44 YEARS**| |||**S/O. SETHUMADHAVAN NAIR, MANNATTIL HOUSE,**| |||**PERUVASSERY (PO), VADAKKANCHERRY, PALAKKAD-678**| |||**686.**| |||**BY ADV. SRI.U.BALAGANGADHARAN**| |**RESPONDENTS**<br>**:**||| |**1**||**STATE OF KERALA**| |||**REPRESENTED BY ITS SECRETARY, REVENUE**| |||**DEPARTMENT, GOVERNMENT SECRETARIAT,**| |||**THIRUVANANTHAPURAM-695 001.**| |**2**||**THE LAND REVENUE COMMISSIONER**| |||**THIRUVANANTHAURAM-695 001.**| |**3**||**THE DISTRICT COLLECTOR**| |||**PALAKKAD, CIVIL STATION, PALAKKAD-678 001.**| |**4**||**THE DEPUTY COLLECTOR (LR), PALAKKAD**| |||**AND PRESIDING OFFICER, LAND TRIBUNAL, CIVIL**| |||**STATION, PALAKKAD-678 001.**| WP(C)No.26794 of 2020 2 - **5 THE TAHSILDAR OFFICE OF THE TAHSILDAR, ALATHUR, PALAKKAD-678 541.** - **6 THE VILLAGE OFFICER, VADAKKANCHERRY-I VILLAGE, VADAKKANCERRY, PALAKKAD-678 682.** ## **SMT A.C.VIDHYA-GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.26794 of 2020 3 ## **JUDGMENT** The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 4[th] respondent Deputy Collector (LR) to adjudicate S.M.No.322/2020 on the file of the Land Tribunal, Palakkad, within a time limit to be fixed by this Court; and a writ of mandamus commanding the 4[th] respondent to issue purchase certificate, if the petitioners are eligible, on the adjudication of S.M.No.322/2020. The _suo motu_ proceedings initiated by the Land Tribunal 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 0.440 Hectares of land comprised in Sy.Nos.334/2 in Vadakkancherry-I Village of Alathur Taluk in Palakkad District. 2. On 04.12.2020, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions. WP(C)No.26794 of 2020 4 3. Heard the learned counsel for the petitioners and also the learned Government Pleader appearing for the respondents. 4. 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. 5. In **Narayanan Namboodiri** , this Court noticed that by G.O.(P).No.09/2018/RD dated 22.02.2018 the Government of WP(C)No.26794 of 2020 5 Kerala appointed the Village Officers coming within the jurisdiction of each Land Tribunal constituted under Section 99 of 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 WP(C)No.26794 of 2020 6 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. WP(C)No.26794 of 2020 7 - (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 22.02.2018 will form part of this Judgment.” (underline supplied) 6. In the instant case, based on the report of the Village Officer, Vadakkancherry-I Village, which was registered as S.M.No.322/2020, as evidenced by Ext.P15 letter dated 11.11.2020, the Land Tribunal, Civil Station, Palakkad initiated _suo motu_ proceedings 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. 7. The learned counsel for the petitioners would point out that the 1[st] petitioner is a senior citizen aged 87 years. The WP(C)No.26794 of 2020 8 learned Government Pleader would point out that the total pendency of _suo motu_ proceedings in the Land Tribunal, Palakkad is 3342. 8. Having considered the submissions made by the learned counsel on both sides this Court finds that the Land Tribunal, Palakkad can be directed to dispose of S.M.No.322/2020 following the directions issued by this Court in **Narayanan Namboodiri** , referred to supra. 9. In the result, this writ petition is disposed of by directing the Land Tribunal, Palakkd, to dispose of S.M.No.322/2020, 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** **yd** WP(C)No.26794 of 2020 9 ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE BASIC TAX REGISTER.** **EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE DATED 25.4.2000 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, ADAT GRAMA PANCHAYAT.** - **EXHIBIT P3 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, ALATHUR DATED 5.12.2020.** - **EXHIBIT P4 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.7.2020 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.5.2020 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT P6 A TRUE COPY OF THE POSSESSIN CERTIFICATE DATED 24.7.2020 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT P7 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 8.9.2020 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT P8 A TRUE COPY OF THE APPLICATION FOR PURCHASE CERTIFICATE DATED 8.9.2020 SUBMITTED BY THE PETITIOENR TO THE VILLAGE OFIFCER.** - **EXHIBIT P9 A TRUE COPY FO THE REPORT SUBMITTED BY THE 6TH RESPONDENT DATED 9.9.2020.** **EXHIBIT P10 A TRUE COPY OF THE MAHAZAR DATED 9.9.2020 OF THE SIXTH RESPONDENT. EXHIBIT P11 A TRUE COPY OF THE MAHAZAR DATED 9.9.2020 OF THE SIXTH RESPONDENT.** WP(C)No.26794 of 2020 10 **EXHIBIT P12 A TRUE COPY OF THE VERIFIED CERTIFICATE DATED 9.9.2020 SUBMITTED BY THE SIXTH RESPONDENT TO THE FOURTH RESPONDENT. EXHIBIT P13 A TRUE COPY OF THE SWORN STATEMENT OF THE LOCAL RESIDENT DATED NIL. EXHIBIT P14 A TRUE COPY OF THE SWORN STATEMENT OF THE LOCAL RESIDENT DATED NIL. EXHIBIT P15 A TRUE COPY OF THE LETTER DATED 11.11.2020 OF THE SIXTH RESPONDENT.** ## **RESPONDENTS' EXHIBITS:NIL** **TRUE COPY** **P.A. TO JUDGE**