Vijaya Revi vs Special Tahsildar (Lr)
2022 Latest Caselaw 4298 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. 13197 OF 2022
PETITIONER:

          VIJAYA REVI, AGED 65 YEARS,
          W/O. RAVEENDRAN, AVINJIPPADAMKALAM, THEKKETHARA,
          ERIMAYUR-II VILLAGE, ALATHUR, PALAKKAD - 678681.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

          SPECIAL TAHSILDAR (LR),
          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:
 WP(C) NO. 13197 OF 2022
                                          -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 her by the

respondent - Special Tahsildar (Land Reforms) and

numbered as S.M.No.161/2022, further action thereon

has not been completed until now. The petitioner,

therefore, prays that 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 Senior Government

Pleader - Smt.K.Amminikutty, submitted that, if the

suo motu proceedings is still pending against the

petitioner, the same can be disposed of by the

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. 13197 OF 2022

ineluctable that if S.M.No.161/2022 is still pending

against the petitioner, then it will require to be

disposed of by the respondent within a period of eight

months.

4. I am fixing the afore time frame, even

though, in similar matters, it has been fixed as six

months, because the suo motu proceedings in this case

has commenced only recently.

Resultantly, this writ petition is ordered,

directing the respondent to complete proceedings in

S.M.No.161/2022, 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 suo motu

proceedings, it is made clear that if the competent

Authority is to find so, then the said entity will WP(C) NO. 13197 OF 2022

also be given an opportunity of being heard, while the

afore directed exercise is completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 13197 OF 2022

APPENDIX OF WP(C) 13197/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED IN S.M.

NO. 161/2022 BY THE RESPONDENT DATED 01.02.2022.

EXHIBIT P2 TRUE COPY OF THE AADHAR CARD NO. 7858 5358 5470 OF THE PETITIONER.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE