WP(C) Nos. 11093/2021, 11094/2021, 11096/2021, 11102/2021, 11107/2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2021-05-07
Court Decision / Holding: The writ petitions are disposed of directing the 1st respondents in these writ petitions to dispose of the S.M. cases in respect of the petitioners expeditiously as possible, keeping in mind the time limits prescribed by this Court in the judgment in WP(C) No.28398/2017 as quoted herein above. The directions issued in Narayanan Namboodiri’s judgment and the Government order G.O.(P) No.09/2018/RD will form part of the judgment.
Final Disposition: Writ petitions disposed of with directions to expeditiously dispose of S.M. cases in respect of the petitioners in accordance with the guidelines and time limits mentioned in cited judgments and GO order.

Parties to the Case

Appellants / Petitioners

Ismail, S/O.KUNHAHAMMEDKUTTY, Melepurath House, Kakkad P.O., Tirurangadi, Malappuram District, PIN 676 306
Abdussamad P., S/O.KAMMUKUTTY NAHA.K., Thekkeppattu House, Anjapura, Parappanangadi P.O., Malappuram District, PIN-676 303
Abdul Latheef P., S/O. KAMMUKUTTY NAHA HAJI, Thekkeppattu House, Parappanangadi P.O., Malappuram District, PIN-676 303
Mohamed Ashraf Kizhakkinyakat, S/O. KAMMUKKUTTY NAHA, Thekkeppattu House, Anjappura, Parappanangadi P.O., Malappuram District, PIN-676 303
Kuttyalikutty, S/O. KANNUKUTTY NAHA, Thekeppattu House, Parappanangadi P.O., Malappuram District, PIN-676 303

Respondents

The Special Tahsildar (LR), Land Tribunal – Tirurangadi, Tirurangadi P.O., Malappuram District, Kerala 676 306
The Village Officer, Tirurangadi Village, Malappuram District, Kerala 676 306/303

Legal Representation & Advocates

Counsels for Petitioners

• P.T.SHEEJISH

Counsels for Respondents

• SMT.VINEETHA B.
• SMT.NISHA BOSE

Case Synopsis & Summary

These writ petitions challenge delays in suo motu proceedings initiated under Section 72K of the Kerala Land Reforms Act, 1963 by the Special Tahsildars (LR) in Tirurangadi. The petitioners, landowners in Tirurangadi and Neduva villages, claim that the Land Tribunal’s SM (suo motu) cases are not being expeditiously processed, and that the delay impedes their ability to obtain a Certificate of Purchase for securing bank loans. They pressed for expeditious disposal of their cases, pointing to the need to avoid undue financial consequences and to ensure timely resolution of land ownership issues. The court recalls a previous ruling in Narayanan Namboodiri v. Special Tahsildar (LR) and another (WP(C) No.28398/2017), which laid down guidelines for prompt disposal: if needed, obtain reports from Village Officers; prioritize senior citizens; dispose of senior-citizen cases within six months; for others, within an outer limit of 18 months unless stayed; ensure parties are notified or published; echo the Deputy Collector's procedures; and conclude cases ripe for orders within two months. The Court also states that Government Order GO(P) No.09/2018/RD forms part of the judgment. Considering the circumstances, the petitions are disposed of with directions to the first respondent to dispose of the SM cases expeditiously and in accordance with these guidelines, bearing in mind time limits set by the cited judgments.

Provisions of Law Cited

Section 72K of the Kerala Land Reforms Act, 1963G.O.(P) No.09/2018/RD (dated 22.02.2018)

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Narayanan Namboodiri v. The Special Tahsildar (LR) and another	WP(C) No.28398/2017	Positive	Court relied on the directions/guidelines from this judgment for expeditious disposal of S.M. cases.
WP(C) No.9364/2021	—	Mentioned Only	Court noted a similar case and cited it for context before adopting Narayanan Namboodiri directions.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 7[TH] DAY OF MAY 2021 / 17TH VAISAKHA, 1943 WP(C) NO. 11093 OF 2021** ## **PETITIONER:** **ISMAIL, S/O.KUNHAHAMMEDKUTTY, MELEPURATH HOUSE, KAKKAD P.O., TIRURANGADI, MALAPPURAM DISTRICT, PIN 676 306.** ## **BY ADV P.T.SHEEJISH** ## **RESPONDENTS:** - **1 THE SPECIAL THAHSILDAR (LR), LAND TRIBUNAL – TIRURANGADI, TIRURANGADI P.O., MALAPPURAM DISTRICT, KERALA 676 306.** - **2 THE VILLAGE OFFICER, TIRURANGADI VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN 676 306.** **BY GOVERNMENT PLEADER SMT.VINEETHA B.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH WP(C)NO.11094 AND OTHER CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.11093/2021 & conn.cases 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 7[TH] DAY OF MAY 2021/ 17TH VAISAKHA, 1943 WP(C) NO. 11094 OF 2021** ## **PETITIONER:** **ABDUSSAMAD P., S/O.KAMMUKUTTY NAHA.K., THEKKEPPATTU HOUSE, ANJAPPURA, PARAPPANANGADI P.O., MALAPPURAM DISTRICT,PIN-676 303** **BY ADV P.T.SHEEJISH** ## **RESPONDENTS:** **1 THE SPECIAL THAHSILDAR (LR), LAND TRIBUNAL-TIRURANGADI, TIRURANGADI P.O., MALAPPURAM DISTRICT, KERALA-676 306.** **2 THE VILLAGE OFFICER, NEDUVA VILLAGE, MALAPPURAM DISTRICT, KERALA-676 306.** **BY GOVERNMENT PLEADER SMT.VINEETHA B.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH WP(C)NO.11093 AND OTHER CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.11093/2021 & conn.cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 7[TH] DAY OF MAY 2021/17TH VAISAKHA, 1943 WP(C) NO. 11096 OF 2021** ## **PETITIONER:** **ABDUL LATHEEF P., S/O. KAMMUKUTTY NAHA HAJI, THEKKEPPATTU HOUSE, PARAPPANANGADI P.O., MALAPPURAM DISTRICT, PIN-676 303.** **BY ADV P.T.SHEEJISH** ## **RESPONDENTS:** - **1 THE SPECIAL THAHSILDAR (LR), LAND TRIBUNAL-TIRURANGADI, TIRURANGADI P.O., MALAPPURAM DISTRICT, KERALA-676 306.** - **2 THE VILLAGE OFFICER, NEDUVA VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN-676 303.** **BY GOVERNMENT PLEADER SMT.VINEETHA B.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH WP(C)NO.11093 AND OTHER CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.11093/2021 & conn.cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 7[TH] DAY OF MAY 2021/17TH VAISAKHA, 1943** **WP(C) NO. 11102 OF 2021** ## **PETITIONER:** **MOHAMED ASHRAF KIZHAKKINIYAKATH, S/O. KAMMUKKUTTY NAHA, THEKKEPAT HOUSE, ANJAPPURA, PARAPPANANGADI P.O., MALAPPURAM DISTRICT, PIN-676 303.** ## **BY ADV P.T.SHEEJISH** ## **RESPONDENTS:** - **1 THE SPECIAL THAHSILDAR(LR), LAND TRIBUNAL, TIRURANGADI, TIRURANGADI PO, MALAPPURAM DISTRICT, KERALA-676 306.** - **2 THE VILLAGE OFFICER, NEDUVA VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN-676 303.** ## **BY GOVERNMENT PLEADER SMT.VINEETHA B.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH WP(C)NO.11093 AND OTHER CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.11093/2021 & conn.cases 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 7[TH] DAY OF MAY 2021/17TH VAISAKHA, 1943 WP(C) NO. 11107 OF 2021** ## **PETITIONER:** **KUTTYALIKUTTY, S/O. KANNUKUTTY NAHA, THEKEPPATTU HOUSE, PARAPPANANGADI P.O., MALAPPURAM DISTRICT,PIN-676 303.** **BY ADV P.T.SHEEJISH** ## **RESPONDENTS:** - **1 THE SPECIAL TAHSILDAR (LR), LAND TRIBUNAL-TIRURANGADI, TIRURANGADI P.O., MALAPPURAM DISTRICT, KERALA-676 306.** - **2 THE VILLAGE OFFICER, NEDUVA VILLAGE, MALAPPURAM DISTRICT, KERALA,PIN-676 303.** ## **G.P SMT. NISHA BOSE.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.05.2021, ALONG WITH WP(C)NO.11093 AND OTHER CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.11093/2021 & conn.cases 6 ## **JUDGMENT** Dated this the 7[th] day of May, 2021 The petitioners in these writ petitions hold different extents of land in Tirurangadi/Neduva Village in Malappuram District. They are paying land tax also in respect of the respective pieces of land possessed by them. When the petitioners applied for bank loans, the Bank Officials insisted the petitioners to produce Certificate of Purchase issued under Section 72K of the Kerala Land Reforms Act, 1963. 2. The petitioners thereupon approached jurisdictional Special Tahsildars (LR) who have initiated suo motu proceedings. The grievance of the petitioners is that these proceedings are not expeditiously proceeded with and concluded. The petitioners seek expeditious disposal of their S.M. Cases. WP(C) No.11093/2021 & conn.cases 7 3. Heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 4. This Court considered a similar case in WP(C) No.9364/2021. This Court noted that in the judgment in **Narayanan Namboodiri v. The Special Tahsildar (LR) and another** (WP(C) No.28398/2017) this Court has given certain directions which are in the nature of guidelines to be followed in such cases. The directions are as follows: “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 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 WP(C) No.11093/2021 & conn.cases 8 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 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 the judgment.” (underline supplied) Those guidelines should necessarily apply to the S.M. proceedings in respect of petitioners’ land also. In the circumstances, these writ petitions are disposed of directing the 1[st] respondents in these writ petitions, to dispose of the S.M. cases in respect of the petitioners as WP(C) No.11093/2021 & conn.cases 9 expeditiously as possible, keeping in mind the time limits prescribed by this Court in the judgment in WP(C) No. 28398/2017 as quoted herein above. **Sd/N. NAGARESH JUDGE** ncd/17.05.2021 10 WP(C) No.11093/2021 & conn.cases ## **APPENDIX OF WP(C) 11093/2021** ANNEXURE/EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 15.4.2021 EXHIBIT P2 THE TRUE COPY OF SUOMOTO REPORT OF SM NO.208/2021. WP(C) No.11093/2021 & conn.cases 11 ## **APPENDIX OF WP(C) 11094/2021** ANNEXURE/EXHIBITS EXHIBIT P1 EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 03.03.2021 THE TRUE COPY OF THE SUOMOTO REPORT OF SM NO.275/2021 WP(C) No.11093/2021 & conn.cases 12 ## **APPENDIX OF WP(C) 11096/2021** ANNEXURE/EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 27.08.2020. EXHIBIT P2 THE TRUE COPY OF SUOMOTO REPORT OF SM NO. 274/2021 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 27.08.2020. WP(C) No.11093/2021 & conn.cases 13 ## **APPENDIX OF WP(C) 11102/2021** ANNEXURE/EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 18.1.2021. EXHIBIT P2 THE TRUE COPY OF SUOMOTO REPORT OF SM NO.272/2021. THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 18.1.2021. WP(C) No.11093/2021 & conn.cases 14 ## **APPENDIX OF WP(C) 11107/2021** ANNEXURE/EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 29.07.2020 EXHIBIT P2 THE TRUE COPY OF SUOMOTO REPORT OF SM NO.277/2021