Suresh E.C vs Special Tahsildar (L.R.)
2022 Latest Caselaw 4285 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                       WP(C) NO. 12887 OF 2022


PETITIONERS:

          SURESH E.C., AGED 45 YEARS
          S/O.CHAMU, EACHANPURA, PARUTHIPULLI,
          PERINGOTTUKURISSI-II VILLAGE,
          ALATHUR, PALAKKAD-678573.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

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


          SMT.K.AMMINIKUTTY.SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 12887/22
                                     2



                           JUDGMENT

The petitioner has approached this Court asserting that a

suo motu proceedings, bearing S.M.No.971/2021, has been

initiated against him by the respondent - Special Tahsildar (Land

Reforms); 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 Senior Government Pleader -

Smt.K.Amminikutty, submitted that the afore mentioned suo

motu proceedings was initiated against the petitioner only

recently and therefore, that this writ petition is premature.

3. When I hear the learned Senior Government Pleader

as afore, it is without doubt this Court has been ordering suo

motu proceedings to be disposed of within a time frame. That

said, though this Court normally fixes eighteen months time for

the Competent Authority to complete proceedings, I am of the

view that in this case it will be justified to expand it to twenty

four months, since the application of the petitioner has been

made only very recently.

WPC 12887/22

Resultantly, this writ petition is ordered, directing the

respondent to complete proceedings in S.M.No.971/2021, 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 twenty four 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.

This Writ Petition is thus disposed of.

Sd/-

RR                                            DEVAN RAMACHANDRAN
                                                      JUDGE
 WPC 12887/22


               APPENDIX OF WP(C) 12887/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE RECEIPT ISSUED IN

S.M.NO.971/2021 BY THE RESPONDENT DATED 20.10.2021.