Citation : 2022 Latest Caselaw 1923 Ker
Judgement Date : 18 February, 2022
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. 5437 OF 2022
PETITIONER:
MUJEEB RAHMAN, S/O KUNHALAN,
KALAMPARAMBATH HOUSE, ULLANAM P.O.
PALATHINGAL, MALAPPURAM DISTRICT -
MALAPPURAM, PIN - 676303
BY ADV U.K.DEVIDAS
RESPONDENTS:
1 LAND TRIBUNAL (LAND REFORMS)
CIVIL STATION, TIRUR, TIRUR. P.O.,
MALAPPURAM, PIN - 679101
2 SPECIAL TAHSILDAR, (LAND REFORMS),
LAND TRIBUNAL, CIVIL STATION, TIRUR, TIRUR. P.O.,
MALAPPURAM, PIN - 679101
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. 5437 OF 2022
2
JUDGMENT
The petitioner has approached this Court
asserting that a suo motu proceedings, bearing
S.M.No.62 of 2022, has been initiated against
him by the 2nd 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.K.Amminikutty,
submitted that the afore mentioned suo motu
proceedings was initiated against the
petitioner only in January, 2022 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 WP(C) NO. 5437 OF 2022
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
only very recently.
Resultantly, this writ petition is ordered,
directing the 2nd respondent to complete
proceedings in S.M.No.62 of 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 WP(C) NO. 5437 OF 2022
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. 5437 OF 2022
APPENDIX OF WP(C) 5437/2022
PETITIONER'S EXHIBITS
Exhibit1 TRUE COPY OF THE CERTIFICATE DATED 27.01.2022 ISSUED BY THE 2ND RESPONDENT.
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