High Court of KeralaSingle JudgeDisposed of

WP(C).No.25523/2019 (M) and WP(C).No.25586/2019 (W) – Ismail Konnola v. Land Tribunal (Land Reforms), Ottappalam & Special Deputy Tahsildar (Land Reforms), Land Tribunal Ottappalam; and Kunnath Maimoona v. Land Tribunal (Land Reforms), Tirur & Special Tahsildar (Land Reforms), Land Tribunal Tirur

Case / Petition Number:WP(C).No.25523/2019(M) & WP(C).No.25586/2019(W)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.K. Jayasankaran Nambiar
Judgment Date
2019-09-25
Court Decision / Holding
Disposed of; directs that the suo motu cases shall be disposed by the Land Tribunal following the directions extracted from the 14.03.2018 judgment and GO 2018; petitioners to furnish copies of the writ petitions and the judgment to the Land Tribunal for further action.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Ismail Konnola, S/O. Konnola Alavi Haji, Konnola House, Down Hill, Malappuram District
  • Kunnath Maimoona, D/O. Kunheeth, Kunath House, Cherikuth, Kumminipparamb P.O., Malappuram District

Respondents

  • LAND TRIBUNAL (LAND REFORMS), OTTAPPALAM, PALAKKAD DISTRICT - 679 101
  • SPECIAL DEPUTY TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, OTTAPPALAM, PALAKKAD DISTRICT - 679 101
  • LAND TRIBUNAL, (LAND REFORMS) TIRUR, MALAPPURAM DISTRICT - 676 101
  • SPECIAL TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, TIRUR, MALAPPURAM DISTRICT - 676 101

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. U.K. Devidas

Counsels for Respondents

  • • Sri. S. Gopinathan, Sr. Government Pleader

Case Synopsis & Summary

These writ petitions seek expeditious disposal of suo motu proceedings numbered S.M.No.1553/2019 and S.M.No.1820/2019, pending before the Land Tribunals at Ottappalam and Tirur, Malappuram. The High Court recalls its 14 March 2018 directions issued in W.P. No. 28398/2017 and connected cases to streamline disposal by Land Tribunals: if reports from Revenue Inspectors are delayed due to shortages, tribunals may obtain reports from Village Officers; senior citizens’ matters must be disposed on seniority within six months; other cases must be disposed within the maximum outer limit of 18 months, subject to stays by higher authorities; parties should be allowed to take out notice to landowners by the tribunal’s chosen method, including publications; matters pending before Deputy Collector should follow the same procedure; tribunals should pass orders within two months where all steps are ripe for passing; and the GO 09/2018/RD will form part of judgment. Following cue from that judgment, the Court disposes these petitions by directing that the suo motu cases before the Land Tribunals shall be disposed in accordance with those directions. The petitioners are required to furnish a copy of the writ petition and the judgment to the Land Tribunal on production. The judgment references the Government Order and reiterates supervisory oversight to ensure prompt resolution. The appended exhibits show the petitions’ documents; no further reliefs are granted. The order emphasizes expeditious adjudication in land-reforms proceedings and integrates prior directives into the present disposal.

Provisions of Law Cited

G.O.(P).No.09/2018/RD

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek expeditious disposal of suo motu proceedings S.M.No.1553/2019 (Ottappalam) and S.M.No.1820/2019 (Tirur) before the Land Tribunals; they rely on this Court's 14.03.2018 judgment directing expeditious disposal, particularly prioritizing senior citizens’ matters and specifying timelines; they urge implementation of those directions and inclusion of GO 2018 in the judgment.

Contentions of Respondents

The respondents’ arguments are not explicitly detailed in the text; the High Court proceeds to apply the directions from the earlier judgment, indicating a preference for orderly, timely disposal under the existing framework and procedures.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Writ Petition No.28398/2017 and connected casesW.P.(C).No.28398/2017PositiveThe 2018 judgment (W.P.28398/2017 and connected cases) is explicitly cited and its directions incorporated for expeditious disposal; the present decision relies on and applies those directives.

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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 A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941** ## **WP(C).No.25523 OF 2019(M)** ## **PETITIONER/S:** **ISMAIL KONNOLA,S/O.KONNOLA ALAVI HAJI, KONNOLA HOUSE, DOWN HILL, MALAPPURAM DISTRICT.** **BY ADV. SRI.U.K.DEVIDAS** ## **RESPONDENT/S:** |**1**|**LAND TRIBUNAL (LAND REFORMS),**| |---|---| ||**OTTAPPALAM, PALAKKAD DISTRICT - 679 101.**| |**2**|**SPECIAL DEPUTY TAHSILDAR (LAND REFORMS),**| ||**LAND TRIBUNAL, OTTAPPALAM,**| ||**PALAKKAD DISTRICT - 679 101.**| **BY SRI. S. GOPINATHAN, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2019, ALONG WITH WP(C).25586/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.25523 & 25586 of 2019 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941** # **WP(C).No.25586 OF 2019(W)** ## **PETITIONER/S:** **KUNNATH MAIMOONA,D/O. KUNHEETH, KUNNATH HOUSE, CHERIKUTH, KUMMINIPARAMB P.O., MALAPPURAM DISTRICT.** **BY ADV. SRI.U.K.DEVIDAS** ## **RESPONDENT/S:** > 1 **LAND TRIBUNAL, (LAND REFORMS) TIRUR, MALAPPURAM DISTRICT - 676 101** - 2 **SPECIAL TAHSILDAR (LAND REFORMS), LAND TRIBUNAL, TIRUR, MALAPPURAM DISTRICT 676 101** ## **SRI. S GOPINATHAN, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2019, ALONG WITH WP(C).25523/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.25523 & 25586 of 2019 3 ## **JUDGMENT** ## **[ WP(C).25523/2019, WP(C).25586/2019 ]** In these writ petitions the prayer of the petitioners is for an expeditious disposal of the suo motu proceedings numbered as S.M.No.1553/2019 and S.M.No.1820/2019, pending before the Land Tribunal, Ottappalam, Palakkad District and the Land Tribunal, Tirur, Malappuram District, respectively. I note in this connection that by judgment dated 14.03.2018 in Writ Petition No.28398/2017 and connected cases a learned Single Judge has issued the following directions for the 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 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 WP(C)No.25523 & 25586 of 2019 4 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 22/2/2018 will form part of this Judgment.” 2. Taking cue from the said judgment of the learned Single Judge, I dispose the Writ Petition by directing that the suo motu cases referred in these Writ Petitions shall also be disposed by the Land Tribunal following the directions extracted above. The petitioner shall produce a copy of the Writ Petition along with the copy of the judgment before the Land Tribunal for further action. Sd/- **A.K.JAYASANKARAN NAMBIAR JUDGE** sd WP(C)No.25523 & 25586 of 2019 5 **==> picture [467 x 618] intentionally omitted <==** WP(C)No.25523 & 25586 of 2019 6 **==> picture [463 x 701] intentionally omitted <==** WP(C)No.25523 & 25586 of 2019 7 ## **APPENDIX OF WP(C) 25523/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE CERTIFICATE DATED 21/08/2019 ISSUED BY THE SECOND RESPONDENT.** WP(C)No.25523 & 25586 of 2019 8 ## **APPENDIX OF WP(C) 25586/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 17/09/2019 ISSUED BY THE SECOND RESPONDENT.** ## **sd**