Chandran vs The Land Tribunal
2022 Latest Caselaw 607 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                        WP(C) NO. 1397 OF 2022
PETITIONER:

          CHANDRAN
          AGED 63 YEARS
          S/O.VELAYUDHAN, KAVANALIL HOUSE, THIRUVEGAPPURA
          VILLAGE, CHEMBRA, PALAKKAD, KERALA- 679 304.

          BY ADVS.
          S.SUJIN
          KEERTHI M.
          ARJUN RAJA P.C.
          AKSHAY VENU



RESPONDENTS:

    1     LAND TRIBUNAL
          OTTAPALAM TALUK, PONNANI ROAD,
          PALAKKAD DISRICT - 679101.

    2     THE SPCIAL TAHSILDAR (LAND REFORMS),
          OTTAPALAM TALUK OFFICE, OTTAPALAM,
          PALAKKAD DISTRICT -679 104.


OTHER PRESENT:

          SMT.K.AMMINIKUTTY SR.G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1397 OF 2022                  2

                                  JUDGMENT

The petitioner, who is stated to be a senior

citizen of over 60 years in age, has approached this

Court alleging that, even though a suo motu

proceedings has been initiated against him by the 2 nd

respondent - Special Tahsildar (Land Reforms) and

numbered as S.M.No.13 of 2018, further action thereon

has not been completed until now. The petitioner,

therefore, prays 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.K.Amminikutty, 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 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.13 of 2018, is still

pending against the petitioner, then it will require

to be disposed of by the 2 nd 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 2nd respondent to complete proceedings

in S.M.No.13 of 2018, 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/15.1

APPENDIX OF WP(C) 1397/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DOCUMENT NO.1257/1980 DATED 30.10.1980 OF THE SROVILAYUR.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.09.2017 IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT P1 DOCUMENT, ISSUED BY THE VILLAGE OFFICER, THIRUVENGAPPURA.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.8.2017.

EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.5.2018.

EXHIBIT P5 TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER IN THE VILLAGE OFFICER, THIRUVENGAPPURA.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 3.1.2018 ISSUED BY THE 2ND RESPONDENT.