Citation : 2021 Latest Caselaw 21959 Ker
Judgement Date : 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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