Jayakumar vs The Special Tahsildar, Land ...
2022 Latest Caselaw 1798 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. 5173 OF 2022

PETITIONER:

              JAYAKUMAR
              AGED 60 YEARS
              S/O.MADHAVAN MC, MUNDEMADATHIL, CHIRANKARAVALAPPIL, KODANAD
              THRUTHALA, MAZHANNUR, PALAKKAD - 679534

              BY ADVS.
              P.R.VENKATESH
              G.KEERTHIVAS



RESPONDENT:

              THE SPECIAL TAHSILDAR, LAND TRIBUNAL
              OTTAPALAM, PALAKKAD DISTRICT - 679 103.


OTHER PRESENT:

              SMT.K.AMMINIKUTTY 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:
 WP(C) NO. 5173 OF 2022

                                          2




                                  JUDGMENT

The petitioner, who is stated to be a senior citizen of over 60

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.50/2022,

further action thereon has not been completed until now. The

petitioner, therefore, prays 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.K.Amminikutty, 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 that if

S.M.No.50/2022 is still pending against the petitioner, then it will

require to be disposed of by the respondent within a period of eight

months, because this is the time frame that has been constantly

followed by this Court in the case of senior citizens. WP(C) NO. 5173 OF 2022

Resultantly, this writ petition is ordered, directing the respondent

to complete proceedings in S.M.No.50/2022, 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 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.

This writ petition is thus disposed of.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 5173 OF 2022

APPENDIX OF WP(C) 5173/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RECEIPT IN RESPECT OF SM.NO.50/22 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF JUDGMENT IN WPC.NO.854/2018 DATED 14.3.2018 OF THIS HON'BLE COURT.