Citation : 2021 Latest Caselaw 23469 Ker
Judgement Date : 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 26602 OF 2021
PETITIONER:
UNNIKRISHNAN, AGED 69 YEARS,
S/O.LATE KUTTAN, KIZHAKKUMURI HOUSE,
MANJAPRA P.O., KANNAMBRA-II VILLAGE,
ALATHUR, PALAKKAD.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
SPECIAL TAHSILDAR (L.R.),
OFFICE OF THE SPECIAL TAHSILDAR (L.R.),
MINI CIVIL STATION, OTTAPALAM,
PATTAMBI, PALAKKAD - 679 104.
BY ADV.SMT.SURYA BINOY- SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26602 OF 2021
-2-
JUDGMENT
The petitioner, who is stated to be a senior
citizen of over 69 years in age, has approached
this Court alleging that, even though a suo motu
proceedings has been initiated against him by the
respondent - Special Tahsildar (L.R.) and numbered
as S.M.No.709/2021, further action thereon has not
been completed until now. The petitioner,
therefore, prays that the 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 Senior Government
Pleader - Smt.Surya Binoy, submitted that, if the
suo motu proceedings are still pending against the
petitioner, the same can be disposed of by the
respondent, within a period of eight 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. WP(C) NO. 26602 OF 2021
3. When I consider the afore submissions, it
is ineluctable that if S.M.No.709/2021 is still
pending against the petitioner, then it will
require to be disposed of by the respondent within
a period of eight months.
I am fixing the afore time frame, even
though, in similar matters, it has been fixed as
six months, because the suo motu proceedings in
this case has commenced only recently.
Resultantly, this writ petition is ordered,
directing the respondent to complete proceedings
in S.M.No.709/2021, 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.
Sd/-
DEVAN RAMACHANDRAN akv JUDGE WP(C) NO. 26602 OF 2021
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 25.08.2021.
EXHIBIT P2 TRUE COPY OF THE ADHAAR CARD NO.776573028830 OF THE PETITIONER.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
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