Muhammed Ismail K.M; Sareena Madari; Mizna v. The Land Tribunal, Malappuram

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** # **MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942** ## **WP(C).No.6581 OF 2021(W)** ## **PETITIONER/S:** |**1**|**MUHAMMED ISMAIL K.M, AGED 54 YEARS**| |---|---| ||**S/O. MUHAMMEDALI, KOYAPPATHODI,**| ||**MACHINGAL, WANDOOR P.O.,**| ||**MALAPPURAM DISTRICT.**| |**2**|**SAREENA MADARI, AGED 67 YEARS**| ||**D/O. ABDUL KAREEM, MADARI,**| ||**PALLIKUNNU, WANDOOR,**| ||**MALAPPURAM DISTRICT.**| |**3**|**MIZNA, AGED 23 YEARS**| ||**D/O. MUHAMMED ISMAIL, KOYAPPATHODI, MACHINGAL,**| ||**WANDOOR P.O., MALAPPURAM DISTRICT.**| **BY ADV. SRI.K.RAKESH** ## **RESPONDENT/S:** ## **THE LAND TRIBUNAL** **MALAPPURAM, REPRESENTED BY THE DEPUTY COLLECTOR, COLLECTORATE, CIVIL STATION P.O., MALAPPURAM, MALAPPURAM DISTRICT, PIN-676505.** ## **OTHER PRESENT:** **SMT. REKHA. C. NAIR (GP)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C).No.6581 OF 2021(W) -2- ## **J U D G M E N T** The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent Deputy Collector (LR) to consider and pass orders in S.M.Nos.493/2020, 494/2020 and 495/2020 on the file of the Land Tribunal, Malappuram, within a time limit to be fixed by this Court. The _suo motu_ proceedings initiated by the Land Tribunal, Malappuram 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 0.3562 Hectares of land of the 1[st] petitioner comprised in Sy.No.238/8-9 of Mampad Village, Malappuram District; 0.9632 Hectares of land of the 2[nd] petitioner comprised in Sy.No.238/8 of Mampad Village, Malappuram District; and 0.9632 Hectares of land of the 3[rd] petitioner comprised in Sy.No.238/8-8 of Mampad Village, Malappuram District. W.P(C).No.6581 OF 2021(W) -3- 2. Heard the learned counsel for the petitioners and also the learned Government Pleader appearing for the respondent. 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 W.P(C).No.6581 OF 2021(W) -4- 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 cases by the Land Tribunal: - (i) If it is felt that there is delay in obtaining reports through the Revenue Inspectors on W.P(C).No.6581 OF 2021(W) -5- 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 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.6581 OF 2021(W) -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 of Mampad Village, the Land Tribunal, Malappuram, initiated _suo motu_ proceedings as S.M.No.493/2020 in the case of the 1[st] petitioner, as evidenced by Ext.P4 certificate dated 09.02.2021; S.M.No.494/2020 in the case of the 2[nd] petitioner, as evidenced by Ext.P5 certificate dated 09.02.2021; and S.M.No.495/2020 in the case of the 3[rd] petitioner, as evidenced by Ext.P6 certificate dated 09.02.2021, 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 properties referred to hereinbefore. 6. The learned counsel for the petitioners would point out that the 2[nd] petitioner is a senior citizen aged 67 years. The learned Government Pleader would point out that the total W.P(C).No.6581 OF 2021(W) -7- pendency of _suo motu_ proceedings in the Land Tribunal, Malappuram is 8514. 7. Having considered the submissions made by the learned counsel on both sides this Court finds that the Land Tribunal, Malappuram can be directed to dispose of S.M.Nos.493/2020, 494/2020 and 495/2020 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, Malappuram, to dispose of S.M.Nos.493/2020, 494/2020 and 495/2020, 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.** bkn/- W.P(C).No.6581 OF 2021(W) -8- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE SUO MOTU REPORTS PREPARED BY THE VILLAGE OFFICER, MAMPAD, IN RESPECT OF THE PROPERTY OF THE 1ST PETITIONER, DATED 30.10.2020.** - **EXHIBIT P2 TRUE COPY OF THE SUO MOTU REPORTS PREPARED BY THE VILLAGE OFFICER, MAMPAD, IN RESPECT OF THE PROPERTY OF THE 2ND PETITIONER, DATED 30.10.2020.** **EXHIBIT P3** - **TRUE COPY OF THE SUO MOTU REPORTS PREPARED BY THE VILLAGE OFFICER, MAMPAD, IN RESPECT OF THE PROPERTY OF THE 3RD PETITIONER, DATED 30.10.2020.** **EXHIBIT P4** - **TRUE COPY OF THE CERTIFICATE SHOWING THE DETAILS OF SUO MOTU CASE OF THE 1ST PETITIONER ISSUED BY THE JUNIOR SUPERINTENDENT,COLLECTORATE, MALAPPURAM DATED 9.2.2021.** **EXHIBIT P5** - **TRUE COPY OF THE CERTIFICATE SHOWING THE DETAILS OF SUO MOTU CASE OF THE 2ND PETITIONER ISSUED BY THE JUNIOR SUPERINTENDENT,COLLECTORATE, MALAPPURAM DATED 9.2.2021.** **EXHIBIT P6 TRUE COPY OF THE CERTIFICATE SHOWING THE DETAILS OF SUO MOTU CASE OF THE 3RD PETITIONER ISSUED BY THE JUNIOR SUPERINTENDENT,COLLECTORATE, MALAPPURAM DATED 9.2.2021.**