IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 14630 OF 2022
PETITIONER:
KRISHAN KUMAR CHOUDARI
AGED 60 YEARS
S/O. BAJOUGLAL CHOUDARI, SIBBAM SHALEGIRI SAMANAPALLI,
KRISHNAGIRI, TAMIL NADU, PIN-635001.
BY ADVS.
RAJESH SIVARAMANKUTTY
ARUL MURALIDHARAN
RESPONDENT:
THE SPECIAL TAHSILDAR (LR)
PALAKKAD, OFFICE OF THE SPECIAL TAHSILDAR (LR),
PALAKKAD, PALAKKAD DISTRICT, PIN-678001.
OTHER PRESENT:
SR GP- SMT.MABLE C KURIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14630 OF 2022
2
JUDGMENT
The petitioner, who is stated to be a senior citizen of 60 years in age, has approached this Court alleging that, even though a suo motu proceedings has been initiated against him by the respondent - Special Tahsildar (L.R) and numbered as S.M.No.230 of 2022, further action thereon has not been completed until now. The petitioner, therefore, prays the respondent be directed to do so and issue appropriate final orders thereon, within a time frame to be fixed by this Court.
2. In response, the learned Senior Government Pleader - Smt.Mable C Kurian, submitted that, if the suo motu proceedings are still pending against the petitioner, the same can be disposed of by the respondent, within a period of eight months, taking note of the fact that he is a WP(C) NO. 14630 OF 2022 3 senior citizen. She, therefore, prayed that this writ petition be ordered only on such terms.
3. When I consider the afore submissions, it is ineluctable that if S.M.No.230 of 2022 is still pending against the petitioner, then it will require to be disposed of by the respondent within a period of eight months, because this is the time frame that has been constantly followed by this Court in the case of senior citizens. Resultantly, this writ petition is ordered, directing the respondent to complete proceedings in S.M.No.230 of 2022, after following due procedure and after affording necessary opportunity of being heard to the petitioner - as also to any other interested/affected persons - thus, culminating in an apposite order thereon, as expeditiously as is possible, but not later than eight months from the date of receipt of a certified copy of this judgment. WP(C) NO. 14630 OF 2022 4 Though there is no specific averment regarding the involvement of any Devaswom Board in the S.M. Proceedings, it is made clear that if the competent Authority is to find so, then the said entity will also be given an opportunity of being heard while the afore directed exercise is completed.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 14630 OF 2022 5 APPENDIX OF WP(C) 14630/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT SHOWING THE SUO MOTO NUMBER AS S.M.NO.230/2022 DATED 8.3.2022 ISSUED FROM THE RESPONDENT.