Thanka vs Special Tahsildar (Lr)
2022 Latest Caselaw 1929 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. 5553 OF 2022


PETITIONER:

              THANKA, AGED 79 YEARS,
              W/O LATE KESAVAN, THAYAMKODE,
              KUZHALMANNAM II VILLAGE, KANNANNUR,
              ALATHUR, PALAKKAD

              BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENTS:

              SPECIAL TAHSILDAR (LR),
              OFFICE OF THE SPECIAL TAHSILDAR (LR)
              OTTAPALAM, 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:
 WPC 5553/22
                                         2

                            JUDGMENT

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

79 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.598/2018, further action thereon has not been

completed until now. She, 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.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 six months,

taking note of the fact that she 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 5553/22

that if S.M.No.598/2018 is still pending against the petitioner,

then it will require to be disposed of by the respondent within a

period of six 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.598/2018 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 six 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 WPC 5553/22

while the afore directed exercise is completed.

This writ petition is thus disposed of.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 5553/22




                        APPENDIX


PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE RECEIPT IN
                    S.M.NO.598/2018 ISSUED BY THE
                    RESPONDENT DATED 22.02.2018.
Exhibit P2          TRUE COPY OF THE ADHAR CARD NO.2412
                    6012 9034 OF THE PETITIONER