Nadheera vs Land Tribunal

N. Nagaresh, J

The petitioner holds land in Kottakkal Village in Malappuram District. The Land Tribunal (LR) initiated suo motu proceedings S.M. No.548/2021 for

issuing Purchase Certificate to the petitioner under Section 72K of the Kerala Land Reforms Act. The petitioner is in urgent need of Purchase

Certificate in respect of the land.

The grievance of the petitioner is that the S.M. proceedings in respect of the land of the petitioner, are not expeditiously proceeded with and

concluded. The petitioner seeks expeditious disposal of the S.M. Case.

Heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

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 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.â€​             (underline supplied)

Those guidelines should necessarily apply to the S.M. proceedings in respect of petitioner's land also.

In the circumstances, this writ petition is disposed of directing the 1st respondents to dispose of the S.M. case in respect of the petitioner as

expeditiously as possible, keeping in mind the time limit prescribed by this Court in the judgment in WP(C) No. 28398/2017 as quoted herein above.