Moosa vs The Special Tahsildar (Lr)
2022 Latest Caselaw 1932 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. 5561 OF 2022


PETITIONER:

              MOOSA, AGED 60 YEARS
              S/O HAMZA, KALUMARAKATH, CHEMPUMPADI,
              TRIPRANGODE POST, TIRUR TALUK,
              MALAPPURAM DISTRICT, PIN 676 108

              BY ADVS.
              BINU V V VEETTIL VALAPPIL
              S.K.PREMJITH MENON


RESPONDENTS:

1             THE SPECIAL TAHSILDAR (LR),
              OFFICE OF THE SPECIFAL TAHSILDAR (LR)
              THE LAND TRIBUNAL TIRUR,
              MALAPPURAM DISTRICT 676 101

              THE VILLAGE OFFICER, TRIPRANGODE VILLAGE OFFICE,
2             ALATHIYUR, TIRUR TALUK,
              MALAPPURAM DISTRICT, PIN 676 108


              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 5561/22
                                       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 him by the 1st respondent - Special Tahsildar (Land

Reforms) and numbered as S.M.No.296/2022, further action

thereon has not been completed until now. The petitioner,

therefore, prays that the 1st 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 1st 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 WPC 5561/22

ordered only on such terms.

3. When I consider the afore submissions, it is

ineluctable that if S.M.No.296/2022 is still pending against

the petitioner, then it will require to be disposed of by the

1st respondent within a period of eight months.

4. I am fixing the afore time frame, even though, in

similar matters, it has been fixed as six months, because the

suo motu proceedings in this case has commenced only

recently.

Resultantly, this writ petition is ordered, directing the

1st respondent to complete proceedings in S.M.No.296/2022,

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.

WPC 5561/22

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 5561/22


                       APPENDIX


PETITIONER EXHIBITS
Exhibit P1         TRUE COPY OF THE RECEIPT ISSUED BY THE
                   1ST RESPONDENT DATED 08.02.2022