Citation : 2022 Latest Caselaw 417 Ker
Judgement Date : 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
WP(C) NO. 1080 OF 2022
PETITIONER:
PARAMESWARAN, AGED 61 YEARS, S/O. NARAYANAN NAIR,
KALADI HOUSE, P.O.PATTISSERI, PATTAMBI TALUK,
PALAKKAD DISTRICT-679 534
BY ADV P.JAYARAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, PALAKKAD-678 001
2 THE LAND TRIBUNAL/SPECIAL TAHSILDAR,
(LAND REFORMS) PATTAMBI, MINI CIVIL STATION,
P.O. KANNIYAMPURAM, OTTAPALAM-679 104
3 THE VILLAGE OFFICER, CHALISSERI VILLAGE OFFICE,
P.O.CHALISSERI-679 536
4 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
GP - MABEL C KURIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1080/22
2
JUDGMENT
The petitioner, who is stated to be a senior citizen of over
61 years in age, has approached this Court alleging that, even
though a suo motu proceedings has been initiated against him by
the 2nd respondent - Special Tahsildar (Land Reforms) and
numbered as S.M.No.1205/2021, further action thereon has not
been completed until now. The petitioner, therefore, prays that
the 2nd 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.Mable C. Kurian, submitted that, if the suo motu
proceedings are still pending against the petitioner, the same can
be disposed of by the 2 nd 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 ordered only on such
terms.
3. When I consider the afore submissions, it is WPC 1080/22
ineluctable that if S.M.No.1205/2021 is still pending against
the petitioner, then it will require to be disposed of by the
2nd respondent within a period of eight months.
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
2nd respondent to complete proceedings in S.M.No.1205/2021,
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 eight months from the date of receipt of a
certified copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 1080/22
APPENDIX OF WP(C) 1080/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 07.12.2021
IN SM 1205/2021 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS) PATTAMBI Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.11.2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY BEARING SURVEY NO.128/2 FROM THE VILLAGE OFFICE , CHALISSERI
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