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Fasal vs The Special Tahsildar (La)
2021 Latest Caselaw 19843 Ker

Citation : 2021 Latest Caselaw 19843 Ker
Judgement Date : 23 September, 2021

Kerala High Court
Fasal vs The Special Tahsildar (La) on 23 September, 2021
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                         WP(C) NO. 19761 OF 2021


PETITIONER:

              FASAL, AGED 24 YEARS
              S/O. HAMSA, PULLATTUVALAPPIL HOUSE,
              KODAKKAL, THIRUNAVAYA, MALAPPURAM DISTRICT.

              BY ADV P.T.SHEEJISH



RESPONDENT/S:

     1        THE SPECIAL TAHSILDAR (LA)
              LAND TRIBUNAL, TIRUR, TIRUR P.O,
              MALAPPURAM DISTRICT, KERALA 676 101

     2        THE VILLAGE OFFICER
              KUTTIPPURAM VILLAGE, MALAPPURAM DISTRICT,
              KERALA, PIN 679 571

              SRI. HANIL KUMAR - SPL.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19761/21
                                         2



                            JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.1214/2021, has been initiated against him

by the 1st respondent - Special Tahsildar (LR); and

seeks that the same be directed to be disposed of

within a time frame to be fixed by this Court.

2. In response, the learned Special Government

Pleader, Sri.Hanil Kumar, submitted that the afore

mentioned suo motu proceedings was initiated

against the petitioner only on 16.09.2021 and

therefore, that this writ petition is premature.

3. Even though I find the afore submissions of

the learned Special 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 petitioner should

not be given the said benefit.

WPC 19761/21

Resultantly, this writ petition is ordered,

directing the 1st respondent to complete

proceedings in S.M.No.1214/2021, after following

due procedure and after affording necessary

opportunity of being heard to the petitioner - 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/-

RR                                          DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 19761/21


               APPENDIX OF WP(C) 19761/2021

PETITIONER EXHIBITS

Exhibit P1            THE TRUE COPY OF THE LAND TAX RECEIPT

OF THE LAND IN SURVEY NUMBER 323/7-20 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 THE TRUE COPY OF CERTIFICATE OF SUOMOTO PROCEEDINGS OF SM NO. 1214/2021

 
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