Citation : 2021 Latest Caselaw 19659 Ker
Judgement Date : 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 19451 OF 2021
PETITIONERS:
1 RAMLA ABOOBACKER
AGED 38 YEARS
W/O. ABOOBACKER M, MANALPARAMBIL, THOTTAKKARA P.O,
OTTAPPALAM, PALAKKAD 679 102
REPRESENTED BY POWER OF ATTORNEY HOLDER SRI
SHEBEER M , AGED 38 YEARS,S/O. HAMSA,
MANALPARAMBIL, VARODU P.O, OTTAPPALAM , PALAKKAD
679 102
2 JAMEELA KUNJIMOHAMMED, W/O.KUNJIMOHAMMED,
PADINJARETHIL HOUSE, DESAMANGALAM P.O, THRISSUR -
679532, REPRESENTED BY POWER OF ATTORNEY HOLDER
SRI.SHEBEER M., AGED 38 YEARS, S/O.HAMSA,
MANALPARAMBIL, VARODU P.O., OTTAPALAM, PALAKKAD-
679102.
3 RAMLAL MAYAROOF
W/O. MAYAROOF, KORGODAN HOUSE, CHAMPAD P.O, KANNUR
670 694
REPRESENTED BY POWER OF ATTORNEY HOLDER SRI
SHEBEER M , AGED 38 YEARS,S/O. HAMSA,
MANALPARAMBIL, VARODU P.O, OTTAPPALAM , PALAKKAD
679 102
BY ADVS.
K.T.THOMAS
MATHEW B. KURIAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 1
2 THE TAHSILDAR,(LAND REFORMS)
OFFICE OF SPECIAL TAHSILDAR (LAND REFORMS)
OTTAPPALAM, PALAKKAD 679 104
WP(C) NO. 19451 OF 2021 2
Smt K Amminikutty Sr GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 19451 OF 2021 3
JUDGMENT
The petitioners have approached this Court
asserting that a suo motu proceedings, bearing
S.M.No.449 of 2020, has been initiated against them
by the 2nd respondent - Tahsildar (Land Reforms);
and seek that the same be directed to be disposed
of within a time frame to be fixed by this Court.
2. In response, the learned Senior Government
Pleader, Shri.Ashwin Sethumadhavan, submitted that
the afore mentioned suo motu proceedings was
initiated against the petitioners only irecently
and therefore, that this writ petition is
premature.
3. Even though I find the afore submissions of
the learned Senior Government Pleader to be valid,
I am also aware that, as a rule, this Court directs
the competent Authority to dispose of such
proceedings within a period of eighteen months. I,
therefore, do not see why the petitioners should
not be given the said benefit.
Resultantly, this writ petition is ordered,
directing the 2nd respondent to complete
proceedings in S.M.No.449 of 2020, after following
due procedure and after affording necessary
opportunity of being heard to the petitioners - as
also any other interested person - as expeditiously
as is possible, but not later than eighteen months
from the date of receipt of a certified copy of
this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/24.9
APPENDIX OF WP(C) 19451/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SETTLEMENT DEED NO.2385/2016 OF OTTAPPALAM SUB REGISTRY OFFICE.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 20.04.2021 ISSUED BY VILLAGE OFFICE, OTTAPPALAM II FOR THE YEAR 2021-22.
Exhibit P3 TRUE COPY OF THE RECEIPT DATED 04.12.2020 ISSUED BY 2ND RESPONDENT.
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