Aboobacker M vs State Of Kerala
2021 Latest Caselaw 17687 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                       WP(C) NO. 17370 OF 2021
PETITIONER:

               ABOOBACKER M.
               S/O.SYEDALIKUTTY, MANALPARAMBIL,
               THOTTAKKARA P.O, OTTAPPALAM, PALAKKAD-679 102,
               REP. BY POWER OF ATTORNEY HOLDER SRI. SHEBEER M,
               AGED 38 YEARS, S/O.HAMSA, MANALPARAMBIL,
               VARODU P.O, OTTAPPALAM, PALAKKAD-679 102.

               BY ADVS.
               SRI.K.T.THOMAS
               SRI.MATHEW BOB KURIAN

RESPONDENTS:

    1          STATE OF KERALA,
               REP. BY SECRETARY TO GOVERNMENT,
               REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM-1.

    2          THE TAHSILDAR (LAND REFORMS),
               OFFICE OF SPECIAL TAHSILDAR (LAND REFORMS),
               OTTAPPALAM, PALAKKAD-679 104.


               BY ADV. SMT.AMMINIKUTTY.K, SR. GP


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   27.08.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.17370 of 2021(U)
                                    2


                             JUDGMENT

The petitioner has approached this Court asserting

that the suo motu proceedings, bearing S.M.No.364 of 2021,

has been initiated against him by the 2nd respondent -

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 in August 2021 and therefore, that this writ

petition is premature.

3. Even though I find the afore submissions of the

learned Senior Government Pleader to be valid, I am also

aware that, as a rule, this Court directs the competent

Authority to dispose of such proceedings within a period of

eighteen months. I, therefore, do not see why the petitioner

should not be given the said benefit.

Resultantly, this writ petition is ordered, directing

the respondent to complete proceedings in S.M.No.364 of

2021, after following due procedure and after affording WPC No.17370 of 2021(U)

necessary opportunity of being heard to the petitioner - as

also any other interested person - thus leading to a final order

in it, as expeditiously as is possible, but not later than eighteen

months from the date of receipt of a certified copy of this

judgment.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ww WPC No.17370 of 2021(U)

APPENDIX OF WP(C) 17370/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF KANAM SALE DEED NO.

5160/2010 OF OTTAPPALAM SUB REGISTRY OFFICE.

EXHIBIT P2 TRUE COPY OF KANAM SALE DEED NO.

1332/2010 OF OTTAPPALAM SUB REGISTRY OFFICE.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.04.2021 ISSUED BY VILLAGE OFFICE, OTTAPPALAM II FOR THE YEAR 2021-22.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 12.08.2021 ISSUED BY 2ND RESPONDENT.