Velayudhan vs Special Tahsildar (Lr)
2022 Latest Caselaw 1920 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. 5499 OF 2022
PETITIONER:

          VELAYUDHAN
          AGED 61 YEARS
          S/O. KOTHA, ATHANIPPARAMBIL, ANGADI, PATTITHARA
          VILLAGE, PATTAMBI, PALAKKAD-679 552

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

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



          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:
 WP(C) NO. 5499 OF 2022
                                       2



                                 JUDGMENT

The petitioner, who is stated to be a

senior citizen of over 61 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.222 of 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 WP(C) NO. 5499 OF 2022

period of eight months, taking note of the fact

that he is a senior citizen. He, 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.222 of 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.

Resultantly, this writ petition is ordered,

directing the respondent to complete

proceedings in S.M.No.222 of 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 WP(C) NO. 5499 OF 2022

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.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/18/02/2022 WP(C) NO. 5499 OF 2022

APPENDIX OF WP(C) 5499/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT ISSUED IN S.M.NO.222/2022 BY THE RESPONDENT DATED 09.02.2022

Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO.7102 1759 9816 OF THE PETITIONER