Alavi Alias Alavu vs The Special Tahsildar (Land ...
2022 Latest Caselaw 4685 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
                       W.P.(C) NO.13814 OF 2022
PETITIONER:

            ALAVI @ ALAVU,
            AGED 68 YEARS, S/O. OF ALIEY,
            THOTTAPAYIL,
            CHALAVARA POST, OTTAPALAM TALUK,
            PALAKKAD DISTRICT, PIN-679 505.

            BY ADV. R.SREEHARI



RESPONDENTS:

    1       THE SPECIAL TAHSILDAR (LAND REFORMS), OTTAPALAM
            OFFICE OF THE SPECIAL TAHASILDAR (L R),
            OTTAPALAM, MINI CIVIL STATION, KANNIAMPURAM POST,
            OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN-679 104.

    2       THE VILLAGE OFFICER,
            CHALAVARA VILLAGE OFFICE,
            CHALAVARA POST, OTTAPPALAM TALUK,
            PALAKKAD DISTRICT, PIN-679 505.

  R1&R2     ADV. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   -2-
W.P.(C) NO.13814 OF 2022


                            JUDGMENT

The petitioner, who is stated to be a senior citizen of over

68 years in age, has approached this Court alleging that, even

though a suo motu proceeding has been initiated against him

by the 1st respondent Special Tahsildar (Land Reforms) and

numbered as S.M.No.198 of 2022, further action thereon has

not been completed until now. The petitioner, therefore, prays

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 Sri. Premchand R. Nair, submitted that, if the suo

motu proceeding is still pending against the petitioner, the

same can be disposed of by the 1 st respondent, within a period

of six months, taking note of the fact that he is a senior

citizen. He, therefore, prayed that this writ petition be

ordered only on such terms.

3. I have considered the rival submissions and I feel

that if S.M.No.198 of 2022 is still pending against the

W.P.(C) NO.13814 OF 2022

petitioner, then it will require to be disposed of by the 1 st

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.198 of

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 six months from

the date of receipt of a certified copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE bpr

W.P.(C) NO.13814 OF 2022

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 PHOTO COPY OF THE ONE AND THE SAME CERTIFICATE ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER DATED 04/03/2022 WITH NO.63670661.

EXHIBIT P2 PHOTO COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER DATED 02/04/2022.

EXHIBIT P3 PHOTO COPY OF THE RECEIPT DATED 02/04/2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P4 PHOTO COPY OF THE JUDGMENT IN W.P.(C) NO.28398 OF 2017 AND CONNECTED CASES DATED 14/03/2018 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P5 PHOTO COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN W.P. (C) NO.2146/2022 DATED 21/01/2022.

EXHIBIT P6 PHOTO COPY OF THE AADHAR CARD OF THE PETITIONER ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA.