Hamza Kutty vs State Of Kerala
2021 Latest Caselaw 21086 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       WP(C) NO. 22227 OF 2021
PETITIONER:

          HAMZA KUTTY
          AGED 64 YEARS
          S/O. KUNJALAVI, NURUKANDAN, KUMARAMPUTHUR VILLAGE,
          MANNARKAD PALAKKAD - 678583.

          BY ADVS.
          V.G.ARUN
          JAYARAGI.V
          NEERAJ NARAYAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT ROOM
          NO. 357 (A) & 538, MAIN BLOCK, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     THE LAND REVENUE COMMISSIONER.
          OFFICE OF THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE
          BUILDING, MUSEUM ROAD, OPPOSITE ZOO. VIKAS BHAVAN P.O,
          THIRUVANANTHAPURAM, KERALA - 695033.

    3     DISTRICT COLLECTOR.
          CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
          KERALA - 678013.

    4     THE DEPUTY COLLECTOR(L.R)
          CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
          KERALA - 678013.

    5     THE VILLAGE OFFICER.,
          KUMARAPUTHUR VILLAGE, MANNARKADU, PALAKKAD - 678583.

    6     HAMZA
          S/O. KUNJAYA ABUBAKER, VELLEKATTU, KUMARAMPUTHUR
          VILLAGE, MANNARKADU, PALAKKAD - 678583.


OTHER PRESENT:
 WP(C) NO. 22227 OF 2021
                                  2

             SMT. K AMMINIKUTTY - SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22227 OF 2021
                                3


                       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 4th respondent Deputy Collector (Land Reforms) and

numbered as S.M.No.935 of 2014, further action thereon has

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

the 4th 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.K.Amminikutty, submitted that, if the suo motu

proceedings are still pending against the petitioner, the same

can be disposed of by the 4th 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.935 of 214 is still pending against the petitioner,

then it will require to be disposed of by the 4th respondent WP(C) NO. 22227 OF 2021

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 4 th

respondent to complete proceedings in S.M.No.935 of 2014,

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.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 22227 OF 2021

APPENDIX OF WP(C) 22227/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION ALONG WITH THE REPORT OF THE VILLAGE OFFICER DATED 29.07.2010.

Exhibit P2 A TRUE COPY OF THE COMMUNICATION BEARING NO. K.R. G7, SM NO. 935/2014 DATED 03.12.2014 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER.