IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 30398 of 2009(T) -------------------------------------- PETITIONER(S): ---------------------- 1. SUSEELA, W/O.RAGHAVAN, AGED 62 YEARS, USHAMANDIRAM, PANKONAM, MUKHATHALA P.O. 2. ABDUL SAMAD, S/O.MUHAMMED MUSTAFA, PANAVILAVEEDU, AYIROOR VILLAGE, NOW RESIDING AT NOORMAHAL (KIDANGAZHIKOM), PANKONAM CHERRY,THRIKKOVILVATTOM. 3. M. POOKUNJU, S/O.MAITHEN KUNJU, SEBEENA MANZIL (THEDAVIKUDI), KANNANALLOOR, THRIKKOVILVATTOM. 4. HAJARUMMAL, D/O.ALIYARU KUNJU, MUTHIRAVILA VEEDU (THADATHIL VEEDU), KANNANALLUR P.O.,THRIKKOVILVATTOM. 5. THANKAMMA, W/O.LATE GHEVARGHESE-KUNJU KUNJU, KOTTAVILAPUTHEN VEEDU,THRIKKOVILVATTOM VILLAGE. 6. UMAIBA BEEVI,D/O.SULAIMAN KUNJU, PULIVILA VEEDU,PERINADU VILLAGE, NOW RESIDING AT NOORMAHAL (KIDANGAZIKOM), PANKONAM CHERRY,THRIKKOVILVATTOM. 7. SAFILA BEEVI, EZHUTHANI VEEDU,PANKONAM CHERRY,MUKHATHALA. 8. RASHEEDA BEEVI,D/O.KOYAKUTTY, MULLAVEEDU (PUNNAVILA VEEDU), PANKONAM CHERRY,THRIKKOVILVATTOM. BY ADV. MR.PRATHEESH.P RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. WP(C).No. 30398 of 2009(T) 2. THE DISTRICT COLLECTOR, COLLECTORATE,KOLLAM. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION-II, K.I.P., KOTTIYAM, KOLLAM. R1 TO R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30398 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of December, 2009. JUDGMENT 1.Read order dated 27.10.2009. 2.Following the aforesaid order dated 27.10.2009, the Principal Secretary in the Department of Revenue has filed an affidavit detailing relevant facts which include the staff strength available as of now. There are a total number of 81 unfilled vacancies of Tahsildars/Senior Superintendents where the total cadre strength is 353. There are 11 vacancies of Deputy Tahsildars. Some of the Tahsildars have full additional charge of some other posts. The duties of the Revenue Department are ever expanding, but proportionate number of additional posts are not being created. Hence, Tahsildars and other cutting edge staff in the Revenue Department are WPC30398/09 -: 2 :- over burdened. It is the specific view of the Principal Secretary in the Revenue Department. What more does the Government require to focus its immediate attention to consider creation of additional posts and to arm the Revenue Department appropriately rather than overload the available staff and crush them with enormous duty load thereby crippling and clogging the work at different levels? 3.It has to be remembered that the case in hand relates to allegation of non-disposal of applications under Section 28A of the Land Acquisition Act, 1894. The order dated 27.10.2009 was issued calling upon the Principal Secretary in the Revenue Department to file affidavit because, this Court has necessary information that almost all the officers are overloaded. The overload of duties and responsibilities being thrust on revenue officials, including by lending their services for different other purposes relatable to revenue, has to be taken immediate WPC30398/09 -: 3 :- stock of so that the situations stated by the Principal Secretary in the Revenue Department are liquidated at the earliest. This is immediately required in public interest. 4.The learned Government Pleader states that it would also be that some of the posts or vacancies are held up in certain litigations. It is up to the Liaison Officer of the Government to identify such litigations and bring them up, at the earliest, to the appropriate bench or the Hon'ble the Chief Justice for appropriate orders for early disposal. 5.The Principal Secretary further states in the affidavit that integrated provisional seniority list was published on 5.11.2009 and seniority list of posts in higher grades will be prepared and published and considering the spirit of the direction of this Court as contained in the order dated 27.10.2009, earnest efforts are being taken to finalise the seniority list and to fill up the WPC30398/09 -: 4 :- existing vacancies at the earliest. Over and above that, is the apparent but imminent public need to augment the staff strength by creating proportionate number of additional posts in the Revenue Department. This appears to be, pithily, the view of the Principal Secretary. 6.Taking all the aforesaid facts and factors into consideration, the Government are directed to do the needful forthwith by seriously considering the views of the Principal Secretary as are contained in the affidavit dated 26.11.2009, that proportionate additional number of posts have to be created in the Revenue Department and that the existing staff of that Department are over burdened. 7.The eight petitioners have filed different applications (Ext.P2 series) some time in June, 2005. Those applications under Section 28A(1) cannot gather dust. Reasons for immediate action on such applications are not confined to the WPC30398/09 -: 5 :- benefit that may accrue to the applicants. More important would be the loss that would be caused to the Exchequer by the growing add ons in the form of solatium, interest and other components which would be the statutory entitlements running with the passage of time on every delayed order granting applications under Section 28A. 8.Therefore, the competent among the respondents will take up the applications of the petitioners and issue orders thereon without fail, within a period of six months from the date of receipt of a copy of this judgment. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0812