Hamsa Haji P vs Special Tahsildar
2021 Latest Caselaw 20897 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 21268 OF 2021
PETITIONERS:

    1     HAMSA HAJI P, AGED 71 YEARS,
          S/O. KUNHIMOIDU, POKKALATHIL, MARAYAMANGALAM, NELLAYA
          POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 335.

    2     MOHAMMED, AGED 61 YEARS,
          S/O. KUNHIMOIDU, POKKALATHIL, MARAYAMANGALAM, NELLAYA
          POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 335.

          BY ADV R.SREEHARI


RESPONDENTS:

    1     THE SPECIAL TAHSILDAR (LAND REFORMS),
          OFFICE OF THE SPECIAL TAHSILDAR (LR),
          MINI CIVIL STATION, OTTAPALAM-679 104.

    2     THE VILLAGE OFFICER, NELLAYA VILLAGE OFFICE, NELLAYA
          POST, OTTAPALAM TALUK, PALAKKAD DIST-679 335.

          BY ADV.SMT.SURYA BINOY- SR. G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21268 OF 2021
                                 -2-

                           JUDGMENT

The petitioners, who are stated to be

senior citizens of over 71 and 61 years in

age, have approached this Court alleging that,

even though a suo motu proceedings has been

initiated against them by the 1st respondent -

Special Tahsildar (Land Reforms) and numbered

as S.M.No.396/2021, further action thereon has

not been completed until now. The petitioners,

therefore, pray that 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 petitioners, the

same can be disposed of by the 1st respondent, WP(C) NO. 21268 OF 2021

within a period of eight months, taking note

of the fact that they are senior citizens.

They, 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.396/2021 is

still pending against the petitioners, then it

will require to be disposed of by the 1st

respondent within a period of eight months.

4. 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 1st respondent to

complete proceedings in S.M.No.396/2021, after

following due procedure and after affording

necessary opportunity of being heard to the WP(C) NO. 21268 OF 2021

petitioners - 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 JUDGE akv WP(C) NO. 21268 OF 2021

APPENDIX OF WP(C) 21268/2021

PETITIONER EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 13.8.2021

EXHIBIT P2 PHOTOCOPY OF THE RECEIPT DT 08.09.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 PHOTOCOPY OF AADHAR CARD OF THE 1ST PETITIONER

EXHIBIT P4 PHOTOCOPY OF AADHAR CARD OF THE 2ND PETITIONER

EXHIBIT P5 PHOTOCOPY OF JUDGMENT IN WPC NO.28398/2017 AND CONNECTED CASES DATED 14.03.2018

EXHIBIT P6 PHOTOCOPY OF JUDGMENT IN WPC NO.17291/2021 DT 27.8.2021

EXHIBIT P7 PHOTOCOPY OF MEDICAL CERTIFICATE OF THE 1ST PETITIONER

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE