Citation : 2022 Latest Caselaw 1646 Ker
Judgement Date : 15 February, 2022
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. 4915 OF 2022
PETITIONER:
MOHANDAS, AGED 61 YEARS, S/O. SATHYABHAMA AMMA,
VELUTHAKKAL HOUSE, CHERUKANNAMBRA, P.O. PARUVASSERY,
ALTHUR TALUK, PALAKKAD DISTRICT 678 686.
BY ADV P.JAYARAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD 678 001.
2 THE LAND TRIBUNAL/ SPECIAL TAHSILDAR,
(LAND REFORMS), OTTAPALAM, MINI CIVIL STATION,
P.O. KANNIYAMPURAM, OTTAPALAM 691 104.
3 THE VILLAGE OFFICER, VADAKKANCHERI- I
VILLAGE OFFICE, P.O. VADAKKANCHERI - 678 683.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
SMT.K.AMMINIKUTTY, 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. 4915 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 second respondent - Special Tahsildar
(Land Reforms) and numbered as S.M.No.1635 of 2019,
further action thereon has not been completed until now. The
petitioner, therefore, prays the second 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 petitioner, the same
can be disposed of by the second respondent, within a period
of six 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.
3. When I consider the afore submissions, it is
ineluctable that if S.M.No.1635 of 2019 is still pending
against the petitioner, then it will require to be disposed of by
the second respondent within a period of six months, because WP(C) NO. 4915 OF 2022
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
second respondent to complete proceedings in S.M.No.1635
of 2019, 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/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 4915 OF 2022
APPENDIX OF WP(C) 4915/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 04.09.2019 IN SM 1635/2019 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS), OTTAPALAM.
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