Parameswaran vs Special Tahsildar (Lr)
2022 Latest Caselaw 1746 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                       WP(C) NO. 5134 OF 2022
PETITIONER:

          PARAMESWARAN, S/O LATE ANDIMUTHU,
          AGED 66 YEARS, POTTUPARAKKAL,
          VADAKKETHARA, MELARCODE, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN-678 704.

          BY ADV. RAJESH SIVARAMANKUTTY(K/1153/1994).



RESPONDENT:

          THE SPECIAL TAHSILDAR (LR), PATTAMBI,
          OFFICE OF THE SPECIAL TAHSILDAR (LR), PATTAMBI,
          MINI CIVIL STATION, OTTAPALAM,
          PALAKKAD DISTRICT, PIN-679 104.

          BY ADV.SMT.MABLE C.KURIAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5134 OF 2022
                                   -2-

                              JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 66 years in age, has approached

this Court alleging that, even though a suo motu

proceedings has been initiated against him by the

respondent - Special Tahsildar (Land Reforms), and

numbered as S.M.No.225/2022, 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 he is a senior WP(C) NO. 5134 OF 2022

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.225/2022 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.225/2022, 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 WP(C) NO. 5134 OF 2022

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.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 5134 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT SHOWING THE SUO MOTO NUMBER AS S.M.NO.225/2022 DATED 10.2.2022 ISSUED FROM THE RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

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