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. 13920 OF 2022
PETITIONER:
LEELAVATHI.,
AGED 72 YEARS
W/O. LATE UNNIKRISHNAN, KANIYAMKODE, KUTHANUR,
KUTHANUR-1 VILLAGE, ALATHUR, PALAKKAD 678 721.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR (L.R),
OFFICE OF THE SPECIAL TAHSILDAR (L.R.), MINI CIVIL
STATION, OTTAPALAM, PATTAMBI, PALAKKAD 679 104.
OTHER PRESENT:
SMT MABLE C KURIAN 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. 13920 OF 2022 2
JUDGMENT
The petitioner, who is stated to be a senior citizen of over 70 years in age, has approached this Court alleging that, even though a suo motu proceedings has been initiated against her by the respondent - Special Tahsildar (LR) and numbered as S.M.No.533 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 she is a 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.533 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 WP(C) NO. 13920 OF 2022 3 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.533 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.
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 MC/28.5 WP(C) NO. 13920 OF 2022 4 APPENDIX OF WP(C) 13920/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M . NO.
533/2022 ISSUED BY THE RESPONDENT DATED 05.04.2022.
Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO. 6352 9573 3201 OF THE PETITIONER.