Princi Chacko vs The Special Tahsildar (Lr)
2022 Latest Caselaw 1747 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. 5126 OF 2022
PETITIONER:

          PRINCI CHACKO, W/O LATE CHACKO,
          AGED 54 YEARS, MALIYEKKAL MULAIKKAL, KATTUSSERY,
          ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 541.

          BY ADV.SRI.RAJESH SIVARAMANKUTTY



RESPONDENT:

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

          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. 5126 OF 2022
                                     -2-

                                JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.216/2022, has been initiated against her 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 - Smt.Mable C.Kurian, 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 that 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 WP(C) NO. 5126 OF 2022

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.216/2022, 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.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 5126 OF 2022

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT SHOWING THE SUO MOTO NUMBER AS S.M.NO.216/2022 DATED 9.2.2022 ISSUED FROM THE RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

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