IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17157 OF 2022
PETITIONER:
BINU K.
AGED 33 YEARS
S/O. KUNJU, THEKKETHARA HOUSE, MANJAPRA, KANNAMBRA II VILLAGE,
ALATHUR, PALAKKAD- 678 685.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR (LR)
OFFICE OF THE SPECIAL TAHSILDAR (L.R.), MINI CIVIL STATION,
OTTAPALAM, PATTAMBI, PALAKKAD 679 104.
OTHER PRESENT:
SMT K AMMINIKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17157 OF 2022
2
JUDGMENT
The petitioner has approached this Court asserting that a suo motu proceedings, bearing S.M.No.659/2022, has been initiated against him by the respondent - Special Tahsildar (Land Reforms); and seeks that the same be directed to be disposed of within a time frame to be fixed by this Court.
2. In response, the learned Senior Government Pleader, Smt.K.Amminikutty, submitted that the afore mentioned suo motu proceedings was initiated against the petitioner only recently and therefore, that this writ petition is premature.
3. When I hear the learned Senior Government Pleader as afore, it is without doubt that this Court has been ordering suo motu proceedings to be disposed of within a time frame. That said, though this Court normally fixes eighteen months time for the Competent Authority to complete proceedings, I am of the view that in this case it will be justified to expand it to twenty four months, since the application of the petitioner has been made only very recently.
Resultantly, this writ petition is ordered, directing the respondent to complete proceedings in S.M.No.659/2022, after WP(C) NO. 17157 OF 2022 3 following due procedure and after affording necessary opportunity of being heard to the petitioner - as also any other interested person - as expeditiously as is possible, but not later than twenty four months from the date of receipt of a certified copy of this judgment.
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.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 17157 OF 2022 4 APPENDIX OF WP(C) 17157/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M NO. 659/2022 ISSUED BY THE RESPONDENT DATED 04.05.2022.