Swaminathan vs Deputy Collector (L.R.G7), ...
2021 Latest Caselaw 20015 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                      WP(C) NO. 19925 OF 2021
PETITIONER:

          SWAMINATHAN
          AGED 65 YEARS
          S/O. LATE CHINNAPPAN, PARACKAL HOUSE,
          KANNAMBRA - II VILLAGE, ALATHUR, PALAKKAD.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

          DEPUTY COLLECTOR (L.R.G7),
          LAND TRIBUNAL, COLLECTORATE, CIVIL STATION,
          PALAKKAD - 678 001.

          BY ADV.

          SRI. ASWIN SETHUMADHAVAN - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19925 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 him by the respondent Deputy Collector (L.R.G7) and

numbered as S.M.No.197 of 2020, further action thereon has

not been completed until now. The petitioner, therefore,

prays the 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 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 respondent, within a period of six

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.197 of 2020 is still pending against

the petitioner, then it will require to be disposed of by the WP(C) NO. 19925 OF 2021

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

respondent to complete proceedings in S.M.No.197 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 scs WP(C) NO. 19925 OF 2021

APPENDIX OF WP(C) 19925/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT OF SM.NO.197/20 ISSUED BY THE RESPONDENT DATED 27.05.2020.

Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO.666832975501 OF THE PETITIONER.