Nazzar M.A vs The Special Tahsildar (Lr)
2022 Latest Caselaw 2152 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                       WP(C) NO. 6264 OF 2022
PETITIONER:

          NAZZAR M.A.
          AGED 56 YEARS
          S/O MUHAMMED SAHIB, TAJ MANZIL, KUZHALMANNAM, PALAKKAD
          DISTRICT, NOW RESIDING AT PLOT NO 57, VENKITESA
          GARDENS, PALLIPURAM, PALAKKAD, PIN-678 006.

          BY ADV RAJESH SIVARAMANKUTTY



RESPONDENT:

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


OTHER PRESENT:

          SMT. MABLE .C .KURIAN SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6264 OF 2022              2

                             JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.163 of 2022, has been initiated against him by

the 1st respondent - Special Tahsildar (LR); 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.Mable C.Kurian, submitted that the afore

mentioned suo motu proceedings was initiated against

the petitioner only in February, 2022 and therefore,

that this writ petition is premature.

3. When I hear the learned Senior Government

Pleader as afore, it is without doubt that 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 only very recently.

Resultantly, this writ petition is ordered,

directing the 1st respondent to complete proceedings

in S.M.No.163 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 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 MC/25.2

APPENDIX OF WP(C) 6264/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT SHOWING THE SUO MOTO NUMBER AS S.M. NO 163/2022 DATED 2.2.2022 ISSUED FROM THE RESPONDENT