Abu Kalaparambil vs The Special Tahsildar(Land ...
2022 Latest Caselaw 4300 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. 13135 OF 2022
PETITIONERS:

    1     ABU KALAPARAMBIL, AGED 60 YEARS, S/O. KADER,
          KALAPARAMBIL HOUSE, MOORKKANAD, MALAPPURAM DISTRICT,
          PIN-679338.

    2     HAMSA, AGED 57 YEARS, S/O. MOHAMMED, THEKKATH HOUSE,
          KOLATHUR POST, MOORKKANAD, MALAPPURAM DISTRICT,
          PIN-679338.

    3     MUSTHAFA, AGED 47 YEARS,
          S/O. ABU, THEKKATH HOUSE, KOLATHUR POST, MOORKKANAD,
          MALAPPURAM DISTRICT, PIN-679338.

    4     IBRAHIM, AGED 57 YEARS, S/O. MOHAMMED, NEDUMBURATH
          HOUSE, KOLATHUR POST, MOORKKANAD, MALAPPURAM DISTRICT,
          PIN-679338.

          BY ADV R.SREEHARI


RESPONDENTS:

    1     THE SPECIAL TAHSILDAR(LAND REFORMS),
          PATTAMBI, OFFICE OF THE SPECIAL TAHASILDAR (LR),
          PATTAMBI, MINI CIVIL STATION, KANNIAMPURAM PORST,
          OTTAPALAM TALUK, PALAKKAD DISTRICT-679104.

    2     THE VILLAGE OFFICER, VILAYUR VILLAGE, VILAYUR POST,
          PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679309.

          SMT.K.AMMINIKUTTY, SR.GP.


     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. 13135 OF 2022
                                         -2-



                                  JUDGMENT

Among the petitioners, the first petitioner is

stated to be a senior citizen of over 60 years in age.

The petitioners have approached this Court alleging

that, even though a suo motu proceedings has been

initiated against them by the 1st respondent - Special

Tahsildar (Land Reforms), and numbered as

S.M.No.179/2020, further action thereon has not been

completed until now. The petitioners, therefore, pray

that 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

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

respondent, within a period of six months, taking note

of the fact that the 1st petitioner is a senior

citizen. She, therefore, prayed that this writ

petition be ordered only on such terms. WP(C) NO. 13135 OF 2022

3. When I consider the afore submissions, it is

ineluctable that if S.M.No..179/2020 is still pending

against the petitioners, 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.179/2020, after following due procedure and

after affording necessary opportunity of being heard

to the petitioners - 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.

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. 13135 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. 13135 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTO COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONERS 2 TO 4 FOR THE YEAR 2020-2021 DATED 19.08.2020.

EXHIBIT P2 PHOTO COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONERS 2 TO 4 DATED 9.7.2019.

EXHIBIT P3 PHOTO COPY OF THE RECEIPT DATED 5.2.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS 2 TO 4.

EXHIBIT P4 PHOTO COPY OF THE REGISTERED SALE DEED NO.988/2020 SRO VILAYUR EXECUTED BY THE PETITIONERS 2 TO 4 IN FAVOUR OF THE 1ST PETITIONER DATED 4.9.2020.

EXHIBIT P5 PHOTO COPY OF THE APPLICATION DATED 8.2.2022 SEEKING FOR IMPLEADMENT IN THE PARTY ARRAY, FILED BY THE 1ST PETITIONER IN SM NO.179/2020 BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 PHOTO COPY OF THE JUDGMENT IN WP(C) NO.28398 OF 2017 AND CONNECTED CASES DATED 14.3.2018.

EXHIBIT P7 PHOTO COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.2146/2022 DATED 21.1.2022.

RESPONDENT'S/S EXHIBITS : NIL.

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