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Fathima vs Land Tribunal
2021 Latest Caselaw 17700 Ker

Citation : 2021 Latest Caselaw 17700 Ker
Judgement Date : 27 August, 2021

Kerala High Court
Fathima vs Land Tribunal on 27 August, 2021
            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. 17377 OF 2021
PETITIONER:

               FATHIMA
               AGED 65 YEARS
               W/O. ABU (LATE), THAYYIL OORATH HOUSE,
               KAMMANAM P.O, THEKKUMURI, MALAPPURAM DISTRICT.

               BY ADV.U.K.DEVIDAS

RESPONDENTS:

    1          LAND TRIBUNAL,
               (LAND REFORMS), CIVIL STATION,
               MALAPPURAM & TIRUR, TIRUR P.O,
               MALAPPURAM DISTRICT - 679101.

    2          SPECIAL DEPUTY TAHSILDAR,(LAND REFORMS),
               LAND TRIBUNAL, CIVIL STATION,
               MALAPPURAM & TIRUR, TIRUR P.O,
               MALAPPURAM DISTRICT - 679101.


               SMT. K.AMMINIKUTTY, 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.17377 of 2021(V)
                                 2

                          JUDGMENT

The petitioner, who is stated to be a senior citizen

of over 65 years in age, has approached this Court alleging

that even though a suo motu proceedings has been initiated

against her by the 2 nd respondent Special Deputy Tahsildar

(Land Reforms) and numbered as S.M.No.593 of 2021, further

action thereon has not been completed until now. The

petitioner, therefore, prays that the 2nd 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.K.Amminikutty, submitted that, if the suo motu

proceedings are still pending against the petitioner, the same

can be disposed of by the 2 nd respondent, within a period of six

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.593 of 2021 is still pending against

the petitioner, then it will require to be disposed of by the 2 nd

respondent within a period of six months, because this is the WPC No.17377 of 2021(V)

time frame that has been constantly followed by this Court in

the case of senior citizens.

Resultantly, this writ petition is ordered, directing

the 2nd respondent to complete proceedings in S.M.No.593 of

2021, 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 six 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.17377 of 2021(V)

APPENDIX OF WP(C) 17377/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SUO MOTO REPORT DATED 26.06.2020 IN S.M. NO.593/2021 ISSUED BY THE SECOND RESPONDENT.

 
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