High Court of KeralaSingle Judge2021-04-08Petition disposed of with directions to the Lan...

Moideen Kutty v. The Special Tahsildar (LR) and another

Case / Petition Number:WP(C).No.9140 OF 2021(N)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
Judgment Date: 2021-04-08
Court Decision / Holding: Writ petition disposed of directing the Land Tribunal, Pattambi, to dispose of S.M.No.49/2021 strictly in accordance with law, following the directions issued by this Court in Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and others, and the government order G.O.(P).No.09/2018/RD, with no order as to costs.
Final Disposition: Petition disposed of with directions to the Land Tribunal Pattambi to dispose of S.M.No.49/2021 in accordance with law and Narayanan Namboodiri’s directions; no order as to costs.

Parties to the Case

Appellants / Petitioners

Moideen Kutty

Respondents

1. The Special Tahsildar (LR), Office of the Special Tahsildar (LR), Pattambi, Mini Civil Station, Ottapalam, Palakkad District – 679 104
2. The Village Officer, Parudur Village, Pallippuram (PO), Palakkad District – 679 305

Legal Representation & Advocates

Counsels for Petitioners

• Sri. P.T. Dinesh (Adv.)

Counsels for Respondents

• SMT A.C. Vidya - Government Pleader

Case Synopsis & Summary

Moideen Kutty filed this writ petition under Article 226 of the Constitution seeking a mandamus to direct the Special Tahsildar (LR) to conduct an expeditious enquiry and dispose of S.M.No.49/2021 before the Land Tribunal, Pattambi. The petition arises from suo motu proceedings initiated by the Land Tribunal under Rule 5 of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970, for assignment of the landlord’s right, title and interest vested in the Government under Section 72, and for issuance of a certificate of purchase under Section 72K, in respect of about 10.28 acres of land in Sy. No. 74/1-14, Parudur Village, Pattambi Taluk. The petitioner is a 67-year-old senior citizen; the Government Pleader notes the substantial pendency before the Tribunal. The petitioner argues that delay defeats the purpose of expeditious disposal and harms senior citizens who seek title certification and loan eligibility. The court recalls Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and another (W.P.(C).No.28398 of 2017 and connected cases), where directions were issued for expeditious disposal of senior-citizen cases, including obtaining reports through Village Officers. The court holds that disposal of S.M.No.49/2021 should follow Narayanan Namboodiri’s directions and be in strict compliance with law. The petition is disposed of accordingly, with no order as to costs.

Provisions of Law Cited

Article 226 of the Constitution of IndiaKerala Land Reforms Act, 1963Section 72 of the Kerala Land Reforms Act, 1963Section 72K of the Kerala Land Reforms Act, 1963Kerala Land Reforms (Vesting and Assignment) Rules, 1970Rule 5, Kerala Land Reforms (Vesting and Assignment) Rules, 1970Rule 14, Kerala Land Reforms (Vesting and Assignment) Rules, 1970G.O.(P).No.09/2018/RD dated 22.02.2018

Legal Doctrines & Maxims

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that he is a senior citizen and seeks mandamus toDirect expeditious enquiry and disposal of S.M.No.49/2021 before the Land Tribunal, Pattambi. He argues that the pendency and delays defeat the statutory objective of early settlement of land rights vested in the Government and the issuance of a certificate of purchase under Section 72K, which is crucial for obtaining loans and securing title. He relies on the Supreme Court/High Court guidance in Narayanan Namboodiri to ensure expeditious disposal for senior citizens, and urges the Tribunal to dispose of his case with priority in line with seniority and the Government’s G.O. directives.

Contentions of Respondents

The respondents stress adherence to established procedures and seniority-based disposal. They note the enormous pendency before the Land Tribunal (over 11,000 cases) and submit that expeditious disposal must be within the framework of law, ensuring that reports and notices are obtained efficiently—potentially via Village Officers as approved by this Court in Narayanan Namboodiri. They contend the Land Tribunal should not derail the normal queue system, but should expedite senior-citizen matters within the six-month target and the general 18-month outer limit, as per the cited directions.

Cited Precedents (1)

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; Judgment dated 14.03.2018	Positive	The judgment provided directions for expeditious disposal of cases before Land Tribunals, especially senior citizens, and the present Court explicitly follows those directions.

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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** **THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943** ## **WP(C).No.9140 OF 2021(N)** ## **PETITIONER/S:** **MOIDEEN KUTTY, AGED 67 YEARS S/O.SOOPIKUTTY, RESIDING AT CHERIYERI HOUSE, NADAPARAMBU, KARAMBATHUR, PALLIPPURAM, PALAKKAD DISTRICT, PIN – 679 305** **BY ADV. SRI.P.T.DINESH** ## **RESPONDENT/S:** **1 THE SPECIAL TAHSILDAR (LR), OFFICE OF THE SPECIAL TAHSILDAR (LR), PATTAMBI, MINI CIVIL STATION, OTTAPPALAM, PALAKKAD DISTRICT – 679 104** **2. THE VILLAGE OFFICER, PARUDUR VILLAGE, PALLIPPURAM (PO), PALAKKAD DISTRICT – 679 305** ## **OTHER PRESENT:** ## **SMT A.C.VIDHYA - GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.9140 OF 2021(N) -2- ## **JUDGMENT** The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Special Tahasildar (LR) to conduct expeditious enquiry and to dispose of S.M.No.49/2021 on the file of the Land Tribunal, Pattambi, within a time limit to be fixed by this Court. The _suo motu_ proceedings initiated by the Land Tribunal, Pattambi 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 10.28 Ares of land comprised in Sy.No.74/1-14 Parudur Village in Pattambi Taluk, Palakkad District. 2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. 3. In **Narayanan Namboodiri v. The Special Tahsildar (Land Reforms) and another** [Judgment dated W.P(C).No.9140 OF 2021(N) -3- 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 the Kerala Land Reforms Act, 1963 for bringing to the notice of the Land Tribunal concerned any fact or information required by W.P(C).No.9140 OF 2021(N) -4- 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 their shortage, the Land Tribunal is free to get the reports from the Village Officers ## W.P(C).No.9140 OF 2021(N) -5- 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 W.P(C).No.9140 OF 2021(N) -6- ## 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, Parudur Village, the Land Tribunal, Pattambi initiated _suo motu_ proceedings as S.M.No.49/2021, as evidenced by Ext.P3 receipt dated 13.01.2021, 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 counsel for the petitioner would point out that the petitioner is a senior citizen aged 67 years. The learned Government Pleader would point out that the total pendency of _suo motu_ proceedings in the Land Tribunal, Pattambi is 11078. 7. Having considered the submissions made by the learned counsel on both sides this Court finds that the Land W.P(C).No.9140 OF 2021(N) -7- Tribunal, Pattambi can be directed to dispose of S.M.No.49/2021 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, Pattambi, to dispose of S.M.No.49/2021, strictly in accordance with law, following the directions issued by this Court in paragraph 2 of the judgment in **Narayanan Namboodiri** , referred to supra. No order as to costs. Sd/- **ANIL K.NARENDRAN, JUDGE.** bkn/- W.P(C).No.9140 OF 2021(N) -8- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** EXT.P1: COPY OF THE RELEVANT PART OF THE DCT.NO.5552/1/08 DATED 11.11.2008 OF THRITHALA SRO. EXT.P2: COPY OF THE TAX RECEIPT DATED 10.11.2020 ISSUED BY THE VILLAGE OFFICER, PARUDUR. EXT.P3: COPY OF THE RECEIPT DTD. 13.01.2021 IN SM NO.49/21 BY THE OFFICE OF THE SPECIAL TAHSILDAR (LR), OTTAPPALAM. EXT.P4: COPY OF THE JUDGMENT IN W.P(C).NO.28398/2017 DTD. 14.03.2018 ALONG WITH G.O.(P) NO.09/2018/RD DTD. 22.02.2018 WHICH IS PART OF THE JUDGMENT.