Sureshkumar P.K vs State Of Kerala
2022 Latest Caselaw 42 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                       WP(C) NO. 30696 OF 2021
PETITIONER:

            SURESHKUMAR P.K., AGED 42 YEARS, S/O.KUNJAYI,
            RESIDING AT PALACKAPARAMBU, VALLICODE P.O.,
            PUTHUPARIYARAM I VILLAGE, PALAKKAD TALUK,
            PALAKKAD DISTRICT. PIN-678 594.

            BY ADVS.
            P.HARIDAS
            BIJU HARIHARAN
            P.C.SHIJIN
            RISHIKESH HARIDAS



RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
            DEPARTMENT OF REVENUE, STATE SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

    2       DISTRICT COLLECTOR PALAKKAD,
            COLLECTORATE, CIVIL STATION, PALAKKAD, PIN-678 001.

    3       LAND TRIBUNAL PALAKKAD AND DEPUTY COLLECTOR (LR),
            G-SECTION, COLLECTORATE, CIVIL STATION,
            PALAKKAD, PIN - 678 001.

    4       VILLAGE OFFICER, PUTHUPARIYARAM I VILLAGE,
            VILLAGE OFFICE PUTHUPARIYARAM I VILLAGE, PIN-678 594.

            SMT.DEEPA.N.SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30696 OF 2021
                                  -2-

                              JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.374/2017, has been initiated against him by

the 3rd respondent - Land Tribunal Palakkad and

Deputy Collector (Land Reforms); 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.Deepa N., submitted that the afore

mentioned suo motu proceedings was initiated

against the petitioner only in August, 2017 and

therefore, that this writ petition is premature.

3. Even though I find the afore submissions of

the learned Senior Government Pleader to be valid,

I am also aware that, as a rule, this Court

directs the competent Authority to dispose of such

proceedings within a period of eighteen months. I, WP(C) NO. 30696 OF 2021

therefore, do not see why the petitioner should

not be given the said benefit.

Resultantly, this writ petition is ordered,

directing the 3rd respondent to complete

proceedings in S.M.No.374/2017, 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

eighteen months from the date of receipt of a

certified copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 30696 OF 2021

APPENDIX OF WP(C) 30696/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AADHAAR ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR PURCHASE CERTIFICATE BEFORE THE 4TH RESPONDENT BY THE PETITIONER DATED 27.10.2016.

EXHIBIT P3 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 1.11.2016.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF THE VILLAGE OFFICER DATED 1.11.2016.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT ABOUT THE NUMBERING OF THE SM PROCEEDINGS DATED 21.8.2017.

EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPHS OF THE DILAPIDATED RESIDENTIAL HOUSE.

EXHIBIT P7 TRUE COPY OF THE RECEIPT OF LAND TAX PAID BY THE PETITIONER DATED 13.09.2021.

EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE BASIC TAX REGISTER OF THE PROPERTY.

EXHIBIT P8 (A) TRUE COPY OF THE RELEVANT EXTRACT OF THE THANDAPPER REGISTER OF THE PROPERTY.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE