Ibrahim vs The District Collector
2021 Latest Caselaw 21653 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
       TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                         WP(C) NO. 23837 OF 2021



PETITIONER:

                  IBRAHIM,
                  AGED 63 YEARS
                  S/O. ASAINAR, PANNIPPALLIYALIL, KODUMUNDA,
                  CHERUKUDANGADU, MUTHUTHALA, PATTAMBI TALUK, PALAKKAD
                  DISTRICT.

                  BY ADV P.JAYARAM



RESPONDENTS:

       1          THE DISTRICT COLLECTOR,
                  CIVIL STATION, PALAKKAD-678001.

       2          THE LAND TRIBUNAL/SPECIAL TAHSILDAR,
                  (LAND REFORMS), PATTAMBI, MINI CIVIL STATION, P.O.
                  KANNIYAMPURAM, OTTAPALAM-691104.

       3          THE VILLAGE OFFICER,
                  PARUTHUR VILLAGE OFFICE, P.O. PALLIPPURAM, PIN-679305.

       4          STATE OF KERALA,
                  REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
                  GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.



OTHER PRESENT:

                  SMT.RESMITHA.G.P


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23837 OF 2021
                                 2

                           JUDGMENT

The petitioner, who is stated to be a senior citizen of over

60 years in age, has approached this Court alleging that, even

though a suo motu proceedings has been initiated against him

by the 2nd respondent Special Tahsildar (Land Reforms) and

numbered as S.M.No.840 of 2021, further action thereon has

not been completed until now. The petitioner, therefore, prays

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 Government Pleader

Smt.Resmitha Ramachandran, submitted that, if the suo motu

proceedings are still pending against the petitioner, the same

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

six months, taking note of the fact that he 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.840 of 2021 is still pending against WP(C) NO. 23837 OF 2021

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

respondent within a period of eight months, because this is

the time frame that has been constantly followed by this

Court in the case of senior citizens.

Resultantly, this writ petition is ordered, directing the 2 nd

respondent to complete proceedings in S.M.No.840 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 eight months from the date of receipt of a

certified copy of this judgment.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 23837 OF 2021

APPENDIX OF WP(C) 23837/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT DATED 29/09/2021 IN SM 840/2021 ISSUED TO THE PETITIONER AND HIS WIFE SUBAIDA FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS), PATTAMBI.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 20/03/2021 ISSUED TO THE PETITIONER AND HIS WIFE SUBAIDA WITH RESPECT TO THEIR PROPERTY BEARING RE-SURVEY NO. 637/2-1 FROM VILLAGE OFFICE, PARUTHUR.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 10/09/2021 ISSUED TO THE PETITIONER AND HIS WIFE WITH RESPECT TO THEIR PROPERTY BEARING RE-SURVEY NO.637/2-1 FROM VILLAGE OFFICE, PARUTHUR.