Citation : 2021 Latest Caselaw 18337 Ker
Judgement Date : 7 September, 2021
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. 18119 OF 2021
PETITIONER:
KUMUDAVALLI JANARDHANAN
AGED 65 YEARS
W/O.JANARDHANAN, KUMUDAM HOUSE, THIRUVANGADU AMSOM,
DESOM, CHIRAKKARA, MORAKKUNNU, THALASSERRY TALUK,
KANNUR DISTRICT, PIN - 670 104.
BY ADVS.
MATHEW KURIAKOSE
G.GIREESH
J.KRISHNAKUMAR (ADOOR)
MONI GEORGE
RESPONDENTS:
1 THE TALUK LAND BOARD
THALASSERY, REPRESENTED BY ITS CHAIRMAN, KANNUR
DISTRICT, PIN - 670 101.
2 THE SPECIAL DEPUTY TAHSILDAR
TALUK LAND BOARD, THALASSERRY, KANNUR DISTRICT, PIN
- 670 101.
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695 001.
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. 18119 OF 2021 2
JUDGMENT
The petitioner, who is stated to be a senior
citizen of over 65 years in age, has approached this
Court alleging that, even though a suo motu
proceedings has been initiated against her by the 1st
respondent - Taluk Land Board and numbered as
S.M.No.4820 of 2016, 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 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.4820 of 2016, 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.4820 of 2016, 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) 18119/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 26/03/2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER AND HER CHILDREN WITH ITS TYPED COPY.
Exhibit P2 TRUE COPY OF THE OBJECTION STATEMENT DATED 28/01/2017 FILED BY THE PETITIONER AND ANOTHER IN S.M.NO.4820/2016 ON THE FILE OF THE TALUK LAND BOARD, THALASSERRY.
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