Sujit Menon vs The Spl.Tahsildar (Lr)
2021 Latest Caselaw 19117 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                     WP(C) NO. 18678 OF 2021
PETITIONER/S:

            SUJIT MENON
            AGED 61 YEARS
            S/O. A. B. MENON, NANMAYIL HOUSE, PUTHYR,
            PUTHUPPARIYARAM POST, PALAKKAD DISTRICT -
            678 732.

            BY ADV R.SREEHARI



RESPONDENT/S:

    1       THE SPL.TAHSILDAR (LR)
            OFFICE OF THE SPECIAL TAHASILDAR (LR), MINI CIVIL
            STATION, KANNIAMPURAM, OTTAPALAM - 679 104,
            PALAKKAD DISTRICT.

    2       THE VILLAGE OFFICER
            OTTAPALAM II VILLAGE, PALAPPURAM POST,
            OTTAPALAM - 679 103, PALAKKAD DISTRICT.


OTHER PRESENT:

            SRI. ASWIN SETHUMADHAVAN -SR.GP




     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.09.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18678 OF 2021



                                        -2-



                                    JUDGMENT

The petitioner, who is stated to be a senior citizen of over 61

years in age, has approached this Court alleging that, even though

a suo motu proceedings has been initiated against him by the 1 st

respondent Special Tahsildar (Land Reforms) and numbered as

S.M.No.329 of 2021, further action thereon has not been

completed until now. The petitioner, therefore, prays the 1 st

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.Aswin 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 eight

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.329 of 2021 is still pending against the petitioner,

then it will require to be disposed of by the 1st respondent within a

period of eight months, because this is the time frame that has WP(C) NO. 18678 OF 2021

been constantly followed by this Court in the case of senior

citizens, against whom SM proceedings have been initiated

recently.

Resultantly, this writ petition is ordered, directing the 1st

respondent to complete proceedings in S.M.No.329 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 eight

months from the date of receipt of a certified copy of this

judgment.

This writ petition is thus disposed of.

sd/--

DEVAN RAMACHANDRAN, JUDGE STK WP(C) NO. 18678 OF 2021

APPENDIX OF WP(C) 18678/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTO COPY OF DOCUMENT NO.392/2019 OF SRO OTTAPALAM.

Exhibit P2 PHOTO COPY OF BASIC TAX RECEIPT DATED 01.03.2021.

Exhibit P3 PHOTO COPY OF POSSESSION CERTIFICATE DATED 16.03.2021.

Exhibit P4 PHOTO COPY OF RECEIPT DATED 29.07.2021 OF THE 1ST RESPONDENT.

Exhibit P5 PHOTO COPY OF JUDGMENT IN WP(C) NO.28398/2017 ETC. OF THIS COURT DATED 14.03.2018.

Exhibit P6 PHOTO COPY OF JUDGMENT IN WP(C) NO.17291/2021 DATED 27.08.2021 OF THIS COURT.

Exhibit P7 PHOTO COPY OF AADHAR CARD OF THE PETITIONER.