Muhammed Ismail vs The Land Tribunal
2022 Latest Caselaw 2211 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. 6244 OF 2022
PETITIONER:

          MUHAMMED ISMAIL
          AGED 55 YEARS
          S/O ALAVIKUTTY MUSALIYAR, MANJAPPALLY HOUSE,
          CHERUVANNOOR, PARAMMELANGADI P.O., KALPAKACHERRY,
          MALAPPURAM-676 553.

          BY ADV T.G.RAJENDRAN



RESPONDENTS:

    1     THE LAND TRIBUNAL
          TIRUR, REPRESENTED BY THE SPECIAL TAHSILDAR (LR),
          TIRUR-676 101.

    2     THE SPECIAL THAHSILDAR (LAND REFORMS),
          LAND TRIBUNAL, TIRUR, MALAPPURAM-676 101.

    3     THE VILLAGE OFFICER,
          VALAVANNUR VILLAGE OFFICE, MALAPPURAM-676 551.


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. 6244 OF 2022                2

                               JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.112 of 2022, has been initiated against him

by the 1st respondent - Land Tribunal; 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 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 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.112 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) 6244/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY DATED 6.7.2021

Exhibit P2 TRUE COPY OF THE SU-MOTO REPORT FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT IN SM NO 112/2022

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 22.1.2022