Rajagopalan vs Special Tahsildar(L.R)

              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. 13918 OF 2022
PETITIONER:

             RAJAGOPALAN,
             AGED 55 YEARS
             S/O. VILLWADRI EZHUTHACHAN, CHEMBRAYATH,
             PARUTHIPULLI, PERINGOTTUKURISSI-I, VILLAGE, ALATHUR,
             PALAKKAD 678 004.
             BY ADV SHRI.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. 13918 OF 2022          2

                           JUDGMENT

The petitioner has approached this Court asserting that a suo motu proceedings, bearing S.M.No.540 of 2022, has been initiated against him by the respondent - Special Tahsildar (LR); 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.Mable C.Kurian, submitted that the afore mentioned suo motu proceedings was initiated against the petitioner only in April, 2022 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 WP(C) NO. 13918 OF 2022 3 respondent to complete proceedings in S.M.No.540 of 2022, after 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 MC/28.5 WP(C) NO. 13918 OF 2022 4 APPENDIX OF WP(C) 13918/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M.NO.

540/2022 ISSUED BY THE RESPONDENT DATED 05.04.2022.