Ayisha vs The District Collector
2021 Latest Caselaw 18091 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          WP(C) NO. 17955 OF 2021


PETITIONER:

              AYISHA, AGED 62 YEARS, W/O KOYAKUTTY,
              AMBATTUVALAPPIL HOUSE, KUMARANELLUR,
              PATTAMBI TALUK, PALAKKAD DISTRICT

              BY ADV P.JAYARAM


RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              PALAKKAD-678 001

     2        THE LAND TRIBUNAL/SPECIAL TAHSILDAR,
              (LAND REFORMS) PATTAMBI, MINI CIVIL STATION,
              OTTAPALAM-679 104

     3        THE VILLAGE OFFICER, KAPPUR VILLAGE OFFICE,
              P.O. KAPPUR-679 552

     4        STATE OF KERALA, REPRESENTED BY THE SECRETARY,
              DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001

              SRI.ASHWIN SETHUMADHAVAN - SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17955/21
                                           2



                                JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 62 years in age, has approached

this Court alleging that, even though a suo motu

proceedings has been initiated against her by the

2nd respondent Special Tahsildar (Land Reforms)

and numbered as S.M.No.593/2021, further action

thereon has not been completed until now. She,

therefore, prays that 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.Ashwin Sethumadhavan,

submitted that, if the suo motu proceedings are

still pending against the petitioner, the same

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

period of six months, taking note of the fact WPC 17955/21

that she is a senior citizen. He, 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.593/2021 is still

pending against the petitioner, then it will

require to be disposed of by the 2nd 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 2nd respondent to complete

proceedings in S.M.No.593/2021 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 six months from the date of receipt of a WPC 17955/21

certified copy of this judgment.

This writ petition is thus disposed of.

Sd/-

RR                              DEVAN RAMACHANDRAN
                                     JUDGE
 WPC 17955/21


               APPENDIX OF WP(C) 17955/2021

PETITIONER EXHIBITS




Exhibit P1        TRUE COPY OF THE RECEIPT DATED

28.07.2021 IN SM 593/2021 ISSUED TO THE PETITIONER ROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS) PATTAMBI

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27.07.2021 ISSUED TO THE PETITIONER WITH RESPECT TO PETITIONERS PROPERTY FROM VILLAGE OFFICE KAPPUR