Mohandas vs Special Tahsildar
2021 Latest Caselaw 23642 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                       WP(C) NO. 26962 OF 2021
PETITIONER:
           MOHANDAS
           AGED 62 YEARS
           S/O. RADHAMMA, PALLANCHATHANNUR, PALAKKAD DISTRICT-678
           571

          BY ADV RAJESH SIVARAMANKUTTY



RESPONDENTS:

    1     SPECIAL TAHSILDAR(LR)
          PATTAMBI, OFFICE OF THE SPECIAL TAHSILDAR (LR)
          PATTAMBI, MINI CIVIL STATION, OTTAPALAM, PALAKKAD
          DISTRICT,PIN-679 104

    2     THE DEPUTY COLLECTOR (LR) PALAKKAD,
          OFFICE OF THE DEPUTY COLLECTOR (LR) PALAKKAD,
          COLLECTORATE, PALAKKAD DISTRICT,PIN-678 001


OTHER PRESENT:

          SMT.SURYA BINOY.SR.G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26962 OF 2021
                                2

                          JUDGMENT

The petitioner, who is stated to be a senior citizen of over

60 years in age, has approached this Court alleging that, even

though a suo motu proceedings has been initiated against him

by the 1st respondent Special Tahsildar (Land Reforms) and

numbered as S.M.No.2045 of 2016, further action thereon has

not been completed until now. The petitioner, therefore, prays

the 1st 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 1st respondent, within a period of six

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.

3. When I consider the afore submissions, it is ineluctable

that if S.M.No.2045 of 2016 is still pending against the WP(C) NO. 26962 OF 2021

petitioner, then it will require to be disposed of by the 1st

respondent within a period of six months, because this is the

time frame that has been constantly followed by this Court in

the case of senior citizens.

Resultantly, this writ petition is ordered, directing the 1 st

respondent to complete proceedings in S.M.No.2045 of 2016,

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 six months from the date of receipt of a certified

copy of this judgment.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 26962 OF 2021

APPENDIX OF WP(C) 26962/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 9.8.20216 SHOWING THE SUO MOTU NUMBER AS SM NO.2045/2016 DATED 12.08.2016 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT