Radhakrishnan vs The District Collector
2022 Latest Caselaw 4308 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. 12981 OF 2022
PETITIONERS:

          RADHAKRISHNAN, AGED 61 YEARS,
          S/O.PARAMAN EZHUTHASSZAN, MARKAMTHADATHIL HOUSE,
          P.O.MANNEMGODE, KOPPAM, PATTAMBI TALUK, PALAKKAD
          DISTRICT, PIN-679 307.

          BY ADV P.JAYARAM



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, CIVIL STATION,
          PALAKKAD - 678 001.

    2     THE LAND TRIBUNAL/SPECIAL TAHSILDAR (LAND REFORMS),
          PATTAMBI, MINI CIVIL STATION, P.O.KANNIYAMPURAM,
          OTTAPALAM - 691 104.

    3     THE VILLAGE OFFICER, KOPPAM VILLAGE OFFICE,
          P.O.MANNEMGODE, PALAKKAD -679 307.

    4     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

          BY ADV.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. 12981 OF 2022
                                      -2-

                               JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 61 years in age, has approached this

Court alleging that, even though a suo motu

proceedings has been initiated against him by the 2nd

respondent - Land Tribunal/Special Tahsildar (Land

Reforms) and numbered as S.M.No.366/2022, further

action thereon has not been completed until now. The

petitioner, therefore, prays that the 2nd 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 2nd

respondent, within a period of eight months, taking

note of the fact that he is a senior citizen. She,

therefore, prayed that this writ petition be ordered

only on such terms.

WP(C) NO. 12981 OF 2022

3. When I consider the afore submissions, it is

ineluctable that if S.M.No.366/2022 is still pending

against the petitioner, then it will require to be

disposed of by the 2nd 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 2nd respondent to complete proceedings in

S.M.No.366/2022, 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 WP(C) NO. 12981 OF 2022

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 akv WP(C) NO. 12981 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 07.03.2022 IN SM 366/2022 TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS), PATTAMBI.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.03.2022 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY BEARING RE-SURVEY NO.57/1 FROM VILLAGE OFFICE, KOPPAM.

RESPONDENT'S/S EXHIBITS : NIL.

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