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Kunjimuhammed vs State Of Kerala
2021 Latest Caselaw 23483 Ker

Citation : 2021 Latest Caselaw 23483 Ker
Judgement Date : 25 November, 2021

Kerala High Court
Kunjimuhammed vs State Of Kerala on 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. 26578 OF 2021


PETITIONER:

              KUNJIMUHAMMED, AGED 59 YEARS, S/O. LATE MOITHEENKUTTY,
              MANGALASSERY HOUSE, CHETTIPADI P.O., NEDUVA,
              PARAPPANANGADI, MALAPPURAM-676 319

              BY ADVS.
              CHITHRA R.SHENOY
              T.R.HARIKRISHNAN


RESPONDENTS:

     1        STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF REVENUE, SECRETARIAT,
              THIRUVANANTHAPURAM-695 001

     2        THE LAND TRIBUNAL, TIRURANGADI,
              THE SPECIAL TAHSILDAR (LR) TIRURANGADI,
              MALAPPURAM-676 306


              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:
 WPC 26578/21
                                        2

                              JUDGMENT

The petitioner has approached this Court asserting that a

suo motu proceedings, bearing S.M.No.831/2021 has been

initiated against him by the 2nd 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 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.

WPC 26578/21

Resultantly, this writ petition is ordered, directing the 2nd

respondent to complete proceedings in S.M.No.831/2021 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 26578/21


                APPENDIX OF WP(C) 26578/2021

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF SALE DEED NO.210/1976 OF
                    PARAPPANANGADI SRO,
Exhibit P2          TRUE COPY OF RELEASE DEED NO.703/1977 OF
                    PARAPPANANGADI SRO
Exhibit P3          TRUE COPY OF HEIRSHIP CERTIFICATE DATED
                    3.8.2021 OF MOITHEENKUTTY
Exhibit P4          TRUE COPY OF REPORT DATED 8.11.2021
                    FILED BY REVENUE INSPECTOR LAND
                    TRIBUNAL, TIRURANGADI
Exhibit P5          TRUE COPY OF THE CERTIFICATE DATED

11.11.2021 ISSUED BY 2ND RESPONDENT

 
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