Lakshmi vs Special Tahsildar (Lr)
2022 Latest Caselaw 3982 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. 12421 OF 2022
PETITIONER:

            LAKSHMI
            AGED 62 YEARS
            W/O.LATE RAJAN, VALLADIKKAD, KUTHANUR P.O.,
            KUTHANUR-I VILLAGE, ALATHUR, PALAKKAD-678721.

            BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

            SPECIAL TAHSILDAR (LR)
            OFFICE OF THE SPECIAL TAHSILDAR (LR), MINI CIVIL
            STATION, OTTAPALAM, PATTAMBI, PALAKKAD 679104.


OTHER PRESENT:

           SMT.K.AMMINIKUTTY.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:
 WP(C) NO. 12421 OF 2022
                             2

                          JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 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.478 of 2022, 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 eight 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 WP(C) NO. 12421 OF 2022

ineluctable that if S.M.No.478 of 2022, is still

pending against the petitioner, then it will require

to be disposed of by the 1st respondent within a

period of eight 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.478 of 2022, 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 eight months from the

date of receipt of a certified copy of this 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. WP(C) NO. 12421 OF 2022

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/5.4 WP(C) NO. 12421 OF 2022

APPENDIX OF WP(C) 12421/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M.NO.478 OF 2022 ISSUED BY THE RESPONDENT DATED 25.3.2022.

Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO.3560 8838 2807 OF THE PETITIONER.