Thankamani vs Special Tahsildar (L.R)
2022 Latest Caselaw 1610 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                       WP(C) NO. 4946 OF 2022
PETITIONER:

          THANKAMANI, AGED 79 YEARS, W/O.LATE.APPUKUTTAN,
          PALLIKKULAM HOUSE, KAVASSERI, KAVASSERI-I VILLAGE,
          ALATHUR, PALAKKAD.

          BY ADV JOHNSON VARIKKAPPALLIL



RESPONDENT:

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

          SMT.MABLE C.KURIAN, SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4946 OF 2022
                                        -2-

                                  JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 79 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.1242/2021, 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.Mable C.Kurian, submitted that, if the

suo motu proceedings are 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. 4946 OF 2022

ineluctable that if S.M.No.1242/2021 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.1242/2021, 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 S.M.

Proceedings, it is made clear that if the

competent Authority is to find so, then the said WP(C) NO. 4946 OF 2022

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. 4946 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT IN S.M.NO.1242/2021 ISSUED BY THE RESPONDENT DATED 15.12.2021.

EXHIBIT P2 TRUE COPY OF THE AADHAR CARD NO.7090 7707 6980 OF THE PETITIONER.

RESPONDENT'S/S EXHIBITS : NIL.

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