Khamarunneesa vs The Deputy Collector (Lr)
2022 Latest Caselaw 1918 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
      FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          WP(C) NO. 5571 OF 2022


PETITIONER:

              KHAMARUNNEESA, AGED 47 YEARS
              W/O MUSTHAFA, D/O BEERAN KUTTY,
              VELLLIYATHU HOUSE, TANALUR PO,
              MALAPPURAM DISTRICT, KERALA,
              PIN 676 307

              BY ADV P.T.SHEEJISH


RESPONDENTS:

1             THE DEPUTY COLLECTOR (LR), M SECTION,
              COLLECTORATE, MALAPPURAM PO,
              MALAPPURAM DISTRICT, KERALA 676 101
2
              THE VILLAGE OFFICER, TANALUR VILLAGE,
              MALAPPURAM DISTRICT, KERALA, PIN 676 307


              SMT.K.AMMINIKUTTY SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 5571/22
                                         2

                               JUDGMENT

The petitioner has approached this Court asserting that a

suo motu proceedings, bearing S.M.No.89/2022, has been

initiated against her by the 1st respondent - Deputy Collector

(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.K.Amminikkutty, 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 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 twenty four

months, since the application of the petitioner has been made WPC 5571/22

only very recently.

Resultantly, this writ petition is ordered, directing the 1 st

respondent to complete proceedings in S.M.No.89/2022, 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.

This Writ Petition is thus disposed of.

Sd/-

RR                                          DEVAN RAMACHANDRAN
                                                  JUDGE
 WPC 5571/22


                        APPENDIX


PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE LAND TAX RECEIPT ISSUED

BY THE 2ND RESPONDENT DATED 21.06.2021 Exhibit P2 TRUE COPY OF SUO MOTU REPORT IN SM NO.89/2022