ABDUL KADER v. THE SPECIAL TAHSILDAR (LAND REFORMS)
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-22. ABDUL KADER v. THE SPECIAL TAHSILDAR (LAND REFORMS). Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C). No. 28746 OF 2020(P) PETITIONER: ABDUL KADER AGED 55 YEARS S/O. MOHAMMED HAJI VILAKKERY HOUSE, THIRUVEGAPPURA VILLAGE AND POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679 304. BY ADV. SRI. R. SREEHARI RESPONDENTS: 1 THE SPECIAL TAHSILDAR (LAND REFORMS) PATTAMBI, OFFICE AT MINI CIVIL STATION, OTTAPALAM-679 104, PALAKKAD DISTRICT. 2 THE VILLAGE OFFICER, THIRUVEGAPPURA VILLAGE AND POST, PATTAMBI TALUK, PALAKKAD DISTRICT-679 304. SRI BIMAL K NATH, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 28746 OF 2020 2 JUDGMENT This writ petition is filed seeking expeditious disposal of the suo motu proceedings pending as S. M. No. 1040/2020, on the file of the Special Tahsildar (Land Reforms), Pattambi. 2.
Heard the learned counsel appearing for the petitioner and the learned Government Pleader. 3. By judgment dated 14. 03. 2018 in W. P. (C) No. 28398 of 2017 and connected cases, a learned Single Judge, after taking note of the G. O. (P). No. 09/2018/RD dated 22/2/2018, 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 of such cases of senior citizens on seniority basis within WP(C). No. 28746 OF 2020 3 six months. iii.
In respect of all other cases, the Land Tribunal shall follow the seniority of such cases and dispose of 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 landowners 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 22/2/2018 will form part of this Judgment. ” WP(C). No. 28746 OF 2020 4 4. I am of the considered opinion that necessary directions can be issued to the 1st respondent to follow the directions issued by this Court in the instant case as well. In the result, this Writ Petition is disposed of directing the 1st respondent to follow the directions and dispose of the matter. Sd/- RAJA VIJAYARAGHAVAN V JUDGE NS WP(C). No. 28746 OF 2020 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF BASIC TAX RECEIPT DATED 25. 02. 2020. EXHIBIT P2 PHOTOCOPY OF RECEIPT DATED 14. 12. 2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 PHOTOCOPY OF JUDGMENT IN WPC NO. 28398/2017 DATED 24. 03. 2018 OF THIS COURT. EXHIBIT P4 PHOTOCOPY OF JUDGMENT IN WPC NO. 20028/2020 DATED 25. 09. 2020 OF THIS COURT. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P. A TO JUDGE
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