Mohammed Kutty @ Mohammed vs The District Collector
2021 Latest Caselaw 18101 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. 17834 OF 2021


PETITIONER:

              MOHAMMED KUTTY @ MOHAMMED, AGED 63 YEARS
              S/O. LATE MOHAMMED, ARIPRAVALAPPIL HOUSE KAPPUR,
              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.

              SMT.RESMITHA RAMACHANDRAN - SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17834/21
                                       2

                            JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 63 years in age, has approached

this Court alleging that, even though a suo motu

proceedings has been initiated against him by the

2nd respondent Special Tahsildar (Land Reforms)

and numbered as S.M.No.222/2019, further action

thereon has not been completed until now. He,

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 - Smt.Resmitha Ramachandran,

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

that he is a senior citizen. She, therefore,

prayed that this writ petition be ordered only on WPC 17834/21

such terms.

3. When I consider the afore submissions, it

is ineluctable that if S.M.No.222/2019 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.222/2019 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.

This writ petition is thus disposed of.

Sd/-

RR                                          DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 17834/21


               APPENDIX OF WP(C) 17834/2021

PETITIONER EXHIBITS

Exhibit P1         TRUE COPY OF THE RECEIPT DATED

09.12.2019 SM 222/2019 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHASILDAR (LAND REFORMS), PATTAMBI.

Exhibit P2 TRUE COPY OF THE LETTER DATED 03.08.2021 FROM THE SPECIAL TAHALSIDAR (LAND REFORMS), PATTAMBI TO THE PETITIONER INFORMING THAT EXHIBIT P1 PROCEEDINGS WOULD NOT BE CONSIDERED OUT OF TURN.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 26.08.2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY VILLAGE OFFICE KAPPUR.

Exhibit P4 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 27.02.2018 ISSUED TO THE PETITIONER WITH RESPECT TO HIS NAME FROM VILLAGE, OFFICE KAPPUR.