Citation : 2021 Latest Caselaw 21132 Ker
Judgement Date : 20 October, 2021
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. 22239 OF 2021
PETITIONER:
MURALEEDHARAN K
AGED 59 YEARS
S/O. LATE T.C.VELAYUDHAN,
EDAKKATTUKALAM,
CHITTALANCHERY P.O.,
PALAKKAD-678 704.
BY ADV A.R.GANGADAS
RESPONDENTS:
1 THE SPECIAL TAHSILDAR, (L.R)
LAND TRIBUNAL, PATTAMBI,
MINI CIVIL STATION,
OTTAPPALAM, PALAKKAD-679 104.
2 THE VILLAGE OFFICER
MELARCODE VILALGE, PALAKKAD-678 704.
OTHER PRESENT:
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. 22239 OF 2021
2
JUDGMENT
The petitioner has approached this Court asserting that a
suo motu proceedings, bearing S.M. No. 854 of 2020, has been
initiated against him by the first 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. K. Amminikutty, submitted that the afore mentioned suo
motu proceedings was initiated against the petitioner only in
2020 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. Resultantly, this writ petition is ordered,
directing the first respondent to complete proceedings in S.M.
No. 854 of 2020, after following due procedure and after
affording necessary opportunity of being heard to the WP(C) NO. 22239 OF 2021
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/-
DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 22239 OF 2021
APPENDIX OF WP(C) 22239/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF POSSESSION CERTIFICATE DATED 23.9.2020 ISSUED BY THE VILLAGE OFFICER MELARCODE.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 11.12.2019 ISSUED BY THE VILLAGE OFFICER.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 1.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE FIRST RESPONDENT IN SM NO.854/2020 DATED 23.10.2020.
Exhibit P5 TRUE COPY OF THE MAHAZAR AND STATEMENT DATED 1.10.2020 PREPARED BY THE SECOND RESPONDENT.
Exhibit P6 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD PALAKKAD NO.1658/2014.
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