Ibrahim vs The District Collector
2021 Latest Caselaw 21351 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 23636 OF 2021
PETITIONER:

          IBRAHIM
          AGED 63 YEARS
          S/O ASSAINAR, PANNIPPALIYALIL,
          KODUMUNDA, CHERUKUDANGADU,
          MUTHUTHALA, PATTAMBI TALUK,
          PALAKKAD DISTRICT.

          BY ADV P.JAYARAM



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          CIVIL STATION, PALAKKAD-678001.

    2     THE LAND TRIDUNAL/SPECIAL TAHSILDAR,
          (LAND REFORMS), PATTAMBI, MINI CIVIL STATION,
          KANNIYAMPURAM,
          OTTAPALAM-691104.

    3     THE VILLAGE OFFICER,
          MUTHUTHALA VILLAGE OFFICE, P.O.KODUMUNDA-679303.

    4     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY,DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

          SRI.ASHWIN SETHUMADHAVAN- SR.GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23636 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 2nd respondent - The Land Tribunal/Special Tahsildar

(Land Reforms) and numbered as S.M.No.841 of 2021, further

action thereon has not been completed until now. The

petitioner, therefore, prays the 2nd 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

Sri. Aswin Sethumadhavan, submitted that, if the suo motu

proceedings are still pending against the petitioner, the

same22 can be disposed of by the 2 nd respondent, within a

period of eight 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

ineluctable2 that if S.M.No.841 of 2021 is still pending against

the petitioner, then it will require to be disposed of by the 2 nd

respondent within a period of eight months, because this is the WP(C) NO. 23636 OF 2021

time frame that has been constantly followed by this Court in

the case of senior citizens.

Resultantly, this writ petition is ordered, directing the 2 nd

respondent to complete proceedings in S.M.No.841 of 2021,

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 eight months from the date of receipt of a certified

copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 23636 OF 2021

APPENDIX OF WP(C) 23636/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT DATED 29.09.2021 IN SM 841/2021 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR(LAND REFORMS), PATTAMBI.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.08.2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY BEARING RE-SURVEY NO.33/7-1-1,33/7-2 FROM VILLAGE OFFICE,MUTHUTHALA.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.08.2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY BEARING RE- SURVEY NO.33/7-1-1, FROM VILLAGE OFFICE, MUTHUTHALA.

Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01.09.2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY BEARING RE- SURVEY NO.33/7-2, FROM VILLAGE OFFICE, MLUTHUTHALA.