Chanthu M vs The Special Tahsildar (Land ...
2021 Latest Caselaw 18333 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. 18137 OF 2021
PETITIONER:

             CHANTHU M.
             AGED 74 YEARS
             S/O.THAMI, MULLUMKATTIL, CHEMBRA, THIRUVEGAPPURA,
             PATTAMBI, PALAKKAD DISTRICT, PIN - 679 304.

            BY ADV K.RAVI (PARIYARATH)



RESPONDENTS:

       1    THE SPECIAL TAHSILDAR (LAND REFORMS)
            OFFICE OF THE SPECIAL TAHSILDAR (LR), MINI CIVIL
            STATION, OTTAPALAM, PIN - 679 104.

       2    THE VILLAGE OFFICER
            THIRUVEGAPPURA VILLAGE, PATTAMBI TALUK, PALAKKAD
            DISTRICT, PIN - 679 304.


        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. 18137 OF 2021              2

                               JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 74 years in age, has approached

this Court alleging that, even though a suo motu

proceedings has been initiated against him by the

1st respondent - Special Tahsildar (Land Reforms)

and numbered as S.M.No.365 of 2017, 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 he 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.365 of 2017, 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.365 of 2017, 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) 18137/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT EVIDENCING INITIATION OF S.M. PROCEEDINGS AS S.M.NO.365/17, DATED 15/02/17.

Exhibit P2 TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT, IN WP(C) NO.28398/2017 & CONNECTED CASES, DATED 14/03/18.

Exhibit P3 TRUE COPY OF THE AADHAAR CARD ISSUED BY THE GOVERNMENT OF INDIA, DATED 08/12/12.