Pankajakshi vs The Special Thahsildar (Lr), Land ...
2021 Latest Caselaw 18313 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                      WP(C) NO. 18122 OF 2021
PETITIONER:

            PANKAJAKSHI
            AGED 71 YEARS
            W/O.SANKARANKUTTY, MAKKANDATHIL, PAINKANNUR,
            MUKKILAPPEDIKA, KATTIPPARUTHI, TOLAVANUR, MALAPPURAM
            DISTRICT, PIN - 676 552.

             BY ADV P.T.SHEEJISH



RESPONDENTS:

       1     THE SPECIAL THAHSILDAR (LR), LAND TRIBUNAL - TIRUR
             TIRUR P.O., MALAPPURAM DISTRICT, KERALA - 676 101.

       2     THE VILLAGE OFFICER
             KATTIPPARUTHI VILLAGE, MALAPPURAM DISTRICT, KERALA,
             PIN - 679 571.


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    07.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18122 OF 2021             2

                              JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 70 years in age, has approached

this Court alleging that, even though a suo motu

proceedings has been initiated against her by the

1st respondent - Special Tahsildar (Land Reforms)

and numbered as S.M.No.959 of 2021, further action

thereon has not been completed until now. The

petitioner, therefore, prays the 1st 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, Shri.Ashwin Sethumadhavan, submitted that,

if the suo motu proceedings are still pending

against the petitioner, the same can be disposed of

by the 1st respondent, within a period of six

months, taking note of the fact 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.959 of 2021, is still

pending against the petitioner, then it will

require to be disposed of by the 1 st 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 1st respondent to complete proceedings

in S.M.No.959 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

six months from the date of receipt of a certified

copy of this judgment.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/14.9

APPENDIX OF WP(C) 18122/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE 2.15 ARES OF THE LAND IN SURVEY NUMBER 318/1A1 ISSUED BY THE 2ND RESPONDENT DATED 18/01/2021.

Exhibit P2 THE TRUE COPY OF CERTIFICATE OF SUO MOTO PROCEEDINGS OF SM NO.959/2021 DATED 26/08/2021.