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Raihanath vs State Of Kerala
2021 Latest Caselaw 21959 Ker

Citation : 2021 Latest Caselaw 21959 Ker
Judgement Date : 3 November, 2021

Kerala High Court
Raihanath vs State Of Kerala on 3 November, 2021
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                          WP(C) NO. 24042 OF 2021


PETITIONER:

              RAIHANATH, AGED 48 YEARS, W/O. ABU HANEEFA,
              MOLLANCHERY HOUSE, THALAKKAD AMSOM, THEVALAPPURAM
              DESAM, B. P. ANGADI POST, TIRUR TALUK, MALAPPURAM
              DISTRICT, PIN - 676 102.

              BY ADVS.
              BINU V V VEETTIL VALAPPIL
              S.K.PREMJITH MENON


RESPONDENTS:

     1        STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
              GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

     2        THE VILLAGE OFFICER, THRIKKANDIYUR VILLAGE OFFICE,
              BEHIND TIRUR POLICE STATION, TIRUR, MALAPPURAM
              DISTRICT, PIN - 676 101.

     3        THE SPECIAL TAHSILDAR (LAND REFORMS)
              OFFICE OF THE SPECIAL TAHSILDAR (LR),
              THE LAND TRIBUNAL, TIRUR, MALAPPURAM DISTRICT
              - 676 101.

              SMT.SURYA BINOY SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 24042/21
                                           2



                              JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.1299/2021 has been initiated against her

by the 3rd respondent - Special 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.Surya Binoy, submitted that the

afore mentioned suo motu proceedings was

initiated against the petitioner only on

18.09.2021 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 WPC 24042/21

petitioner should not be given the said benefit.

Resultantly, this writ petition is ordered,

directing the 3rd respondent to complete

proceedings in S.M.No.1299/2021, 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

eighteen months from the date of receipt of a

certified copy of this judgment.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                             JUDGE
 WPC 24042/21


               APPENDIX OF WP(C) 24042/2021

PETITIONER EXHIBITS

Exhibit P1         TRUE COPY OF THE SUOMOTO REPORT DATED
                   18.09.2021.
 

 
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