Thatha vs Special Tahsildar,Lr
2021 Latest Caselaw 19664 Ker

             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. 19421 OF 2021
PETITIONER:

           THATHA
           AGED 85 YEARS
           W/O LATE ITTAYI, KALLAMPARAMBIL HOUSE,
           PARUTHIPULLI, PERINGOTTUKURISSI-1 VILLAGE, ALATHUR,
           PALAKKAD

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

           SPECIAL TAHSILDAR,LR,
           OFFICE OF THE SPECIAL TAHSILDAR (LR), MIN I CIVIL
           STATION, OTTAPALAM, PATTAMBI, PALAKKAD-679 104.




           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. 19421 OF 2021          2

                          JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 85 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.Nos.747 of 2020 and 748 of

2020, 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, Smt.K.Amminikutty, 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. She,

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.Nos.747 of 2020 and 748 of

2020, is still pending against the petitioner, then

it will require to be disposed of by the 1st

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.Nos.747 of 2020 and 748 of 2020,

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/24.9

APPENDIX OF WP(C) 19421/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M. NO 747/2020 ISSUED BY THE RESPONDENT DATED 30.9.2020

Exhibit P2 TRUE COPY OF THE RECEIPT IN S.M. NO 748/2020 ISSUED BY THE RESPONDENT DATED 30.9.2020

Exhibit P3 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER