Rabia Umma vs The Special Tahsildar (Lr)
2022 Latest Caselaw 3825 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          WP(C) NO. 12330 OF 2022
PETITIONER:

              RABIA UMMA
              AGED 60 YEARS
              D/O. MOIDEEN KUTTY, KARUVARAM KUNNATH HOUSE,
              PATTAMBI, PALAKKAD PIN 679 536
              BY ADV P.T.SHEEJISH


RESPONDENTS:

     1        THE SPECIAL TAHSILDAR (LR),
              LAND TRIBUNAL PALAKKAD, OTTAPPALAM P.O, PALAKKAD
              DISTRICT, KERALA 679 101
     2        THE VILLAGE OFFICER
              KAPPUR VILLAGE, PALAKKAD DISTRICT, KERALA, PIN 679
              536




              SMT.MABLE.C.KURIAN.SR.G.P.



      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2



W.P.(C)No. 12330 of 2022




                           JUDGMENT

Dated this the 5th day of April, 2022.

The petitioner, who is stated to be a senior citizen

of 60 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 (LR), and numbered as S.M.No.772 of 2020,

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 - Smt.Mable C.Kurian, submitted that, if the suo

motu proceedings are still pending against the petitioner,

the same can be disposed of by the 1 st respondent,

W.P.(C)No. 12330 of 2022

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.No.772 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.No.772 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

W.P.(C)No. 12330 of 2022

judgment.

Though there is no specific averment regarding the

involvement of any Devaswom Board in the S.M.

Proceedings, it is made clear that if the competent

Authority is to find so, then the said entity will also be

given an opportunity of being heard while the afore

directed exercise is completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/06.04.2022.

W.P.(C)No. 12330 of 2022

APPENDIX OF WP(C) 12330/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 24- 01-2020 Exhibit P2 TRUE COPY OF RECEIPT OF PROCEEDINGS IN SM NO 772/2020