Prakasan vs Special Tahsildar (L R)
2022 Latest Caselaw 4627 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
       FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                         WP(C) NO. 13900 OF 2022
PETITIONER:

              PRAKASAN,
              AGED 53 YEARS,
              S/O. VILWADRI EZHUTHACHAN, CHEMBRAYATH, PARUTHIPULLI,
              PERINGOTTUKURISSI-1 VILLAGE, ALATHUR, PALAKKAD 678 004

              BY ADV SHRI.JOHNSON VARIKKAPPALLIL



RESPONDENT:

              SPECIAL TAHSILDAR (L.R),
              OFFICE OF THE SPECIAL TAHSILDAR (L.R),
              MINI CIVIL STATION, OTTAPALAM, PATTAMBI, PALAKKAD 679 104


OTHER PRESENT:

              GP RAJEEV JYOTISH GEORGE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.13900 of 2022                2

                        VIJU ABRAHAM,J
                   ---------------------------------
                  W.P.(C).No.13900 of 2022
                 -------------------------------------
             Dated this the 22nd day of April, 2022

                           JUDGMENT

The petitioner has approached this Court asserting that a

suo motu proceedings, bearing S.M.No.537/2022, 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,

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.

Resultantly, this writ petition is ordered, directing the

respondent to complete proceedings in S.M.No.537/2022, 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/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 13900/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M. NO 537/2022 ISSUED BY THE RESPONDENT DATED 05-04-2022