Citation : 2021 Latest Caselaw 23483 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. 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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