Yasar Kalliyath vs State Of Kerala
2021 Latest Caselaw 22682 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

        FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943

                          WP(C) NO. 25855 OF 2021

PETITIONER:

       YASAR KALLIYATH
       AGED 45 YEARS,S/O.KHALID HAJI (LATE), KALLIYATH HOUSE, MANGATTIRI,
       TIRUR, PIN - 676 105, MALAPPURAM DISTRICT

       BY ADVS.
       K.SHIBILI NAHA
       A.LOWSY
       P.K.RADHIKA



RESPONDENTS:

1      STATE OF KERALA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
       THIRUVANANTHAPURAM,
       PIN-695001.

2      THE LAND TRIBUNAL,
       TIRUR.P.O, MALAPPURAM DISTRICT-676101.

3      THE VILLAGE OFFICER,
       THALAKKAD VILLAGE, TIRUR.P.O, MALAPPURAM DISTRICT-676101.

4      THE VILLAGE OFFICER,
       TRIKKANDIYUR VILLAGE, TIRUR.P.O, MALAPPURAM DISTRICT-676101.

       BY SMT.AMMINIKUTTY-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25855 OF 2021
                                     2



                             JUDGMENT

The petitioner has approached this Court asserting that a suo

motu proceedings, bearing S.M.Nos.865/2021, 864/2021, 866/2021,

has been initiated against him by the 2 nd respondent 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.Amminikutty, submitted that the afore mentioned suo motu

proceedings was initiated against the petitioner recently 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 2 nd

respondent to complete proceedings in S.M.Nos.865/2021,

864/2021, 866/2021, 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, WP(C) NO. 25855 OF 2021

but not later than eighteen months from the date of receipt of a

certified copy of this judgment.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 25855 OF 2021

APPENDIX OF WP(C) 25855/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TENDER CUM AUCTION SALE NOTICE ISSUED BY THE CITY UNION BANK TO THE PETITIONER ON 01.07.2020.

Exhibit P2 TRUE COPY OF THE SUO MOTO REPORT S.M.NO.865/21 DATED 19.11.20 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE S.M.NO.864/2021 IN RESPECT OF 14.16 ARES OF LAND SITUATED IN R.S.NO.236/9, OF THALAKKAD VILLAGE, TIRUR SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE S.M.NO.866/21 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 12.3.2021.