K.Madhusudhanan Nair vs State Of Kerala
2022 Latest Caselaw 234 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                        WP(C) NO. 839 OF 2022
PETITIONER:

          K.MADHUSUDHANAN NAIR
          AGED 90 YEARS
          S/O.KUNHILAKSHMI AMMA, SREEPADMAM, KADAMKODU,
          KARINGARAPPULLY, PALAKKAD - 678551

          BY ADV U.BALAGANGADHARAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

    2     THE LAND REVENUE COMMISSIONER,
          THIRUVANANTHAPURAM - 695001.

    3     THE DISTRICT COLLECTOR, CIVIL STATION, ROBINSON ROAD,
          PALAKKAD 678001.

    4     THE PRESIDING OFFICER, (LR), PATTAMBI, PALAKKAD - 679
          303.

    5     THE TAHSILDAR, OFFICE OF THE TAHSILDAR, PATTAMBI,
          PALAKKAD 679303.

    6     THE VILLAGE OFFICER, KUZHALMANNAM VILLAGE,
          KUZHALMANNAM, PALAKKAD 678 682.


OTHER PRESENT:

          SMT.K.AMMINIKUTTY SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 839 OF 2022           2

                          JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 90 years in age, has approached this

Court alleging that, even though a suo motu

proceedings has been initiated against him by the 4th

respondent - Presiding Officer (LR) and numbered as

S.M.No.1240 of 2021, further action thereon has not

been completed until now. The petitioner, therefore,

prays the 4th 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 4 th

respondent, within a period of six months, taking

note of the fact that he 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 that if S.M.No.1240 of 2021, is still

pending against the petitioner, then it will require

to be disposed of by the 4th 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 4th respondent to complete proceedings

in S.M.No.1240 of 2021, 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.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/12.1

APPENDIX OF WP(C) 839/2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PARTITION DEED NO.904/2002 OF SRO, KUZHALMANNAM.

EXHIBIT P2 A TRUE COPY OF THE JOINT RECEIPTS DATD 10.11.2021 SHOWING BASIC TAX AND TR FEE

EXHIBIT P3 A TRUE COPY OF THE THANDAPPER ACCOUNT EXTRACT DATED 27.10.2021 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P4 A TRUE COPYOF THE REPORT DATED 29.11.2021OF THE 6TH RESPONDENT ALONG WITH SUPPORTING DOCUMENTS.

EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 15.12.2021 ISSUD BY THE 4TH RESPONDENT.