Kolliyath Saidalavi vs Deputy Collector
2021 Latest Caselaw 22961 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                     WP(C) NO. 26162 OF 2021
PETITIONER:

           KOLLIYATH SAIDALAVI
           AGED 51 YEARS
           S/O MUHAMMAD KUTTY, PADIYOTCHAL.P.O,
           KANNUR DISTRICT.

           BY ADVS.
           M.V.AMARESAN
           S.S.ARAVIND



RESPONDENTS:

     1     DEPUTY COLLECTOR
           LAND TRIBUNAL, TALIPARAMBA,
           KANNUR DISTRICT,PIN-670141.

     2     SECRETARY TO GOVERNMENT,
           DEPARTMENT OF LAND REVENUE, THIRUVANANTHAPURAM,
           PIN-695001.


OTHER PRESENT:

           SMT. SURYA BINOY- SR. G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.11.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26162 OF 2021           2

                           JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.184 of 2011, has been initiated against him

by the 1st respondent - Deputy Collector; 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.K.Amminikutty, submitted that the afore

mentioned suo motu proceedings was initiated against

the petitioner as early as in 2011 and if it is

still pending, it can be concluded without any

further avoidable delay.

3. Even though I find the afore submissions of

the learned Senior Government Pleader to be proper,

I am also aware that, as a rule, this Court directs

the competent Authority to dispose of such

proceedings only within a period of eighteen months.

However taking note of the peculiar circumstances

involved, namely the proceedings have been pending

from the year 2011, I certainly deem it necessary to

fix a lower time frame.

Resultantly, this writ petition is ordered,

directing the 1st respondent to complete proceedings

in S.M.No.184 of 2011, 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 12 months from the date of

receipt of a certified copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/24.11

APPENDIX OF WP(C) 26162/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED ASSIGNEMENT DEED NO.154/2014 OF PERINGOME SUB REGISTRAR'S OFFICE DATED 18.1.2014.

Exhibit P2 TRUE COPY OF LAND TAX RECEIPT DATED 11-8-

2021 REMITTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF POSSESSION CERTIFICATE DATED 15.8.2021 ISSUED BY VILLAGE OFFICER, PERINGOME TO THE PETITIONER AND ITS TYPED COPY.