Muhammed vs The Special Tahsildar (Land ...
2022 Latest Caselaw 1757 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. 5106 OF 2022


PETITIONER:

              MUHAMMED, AGED 69 YEARS
              S/O KUNHAPPU, PUTHANPEEDIKAYIL (H),
              MADIRASSERI, THRIKANAPURAM P.O.,
              TAVANOOR, MALAPPURAM DISTRICT, PIN 679 573

              BY ADVS.
              K.B.ARUNKUMAR
              POOJA K.S.


RESPONDENTS:

              THE SPECIAL TAHSILDAR (LAND REFORMS)
              OFFICE OF TH SPECIAL TAHSILDAR (LR)
              MINI CIVIL STATION, OTTAPALAM 679 104


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


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 5106/22
                                           2

                                  JUDGMENT

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

69 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.976/2021, 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 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 WPC 5106/22

that if S.M.No.976/2021 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.976/2021, 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 WPC 5106/22

said entity will also be given an opportunity of being heard

while the afore directed exercise is completed.

This writ petition is thus disposed of.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 5106/22




                         APPENDIX


PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE APPLICATION FOR ISSUING
                    PATTAH SUBMITTED BY THE PETITIONER

BEFORE THE VILLAGE OFFICER, ANAKKARA ON 18.10.2021 Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 28.10.2021