Citation : 2022 Latest Caselaw 881 Ker
Judgement Date : 21 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 697 OF 2022
PETITIONER:
SIVASANKARAN,
AGED 61 YEARS
S/O.LATE JANAKI AMMA,
VAYANKARA PUTHEN VEETTIL HOUSE,
PATHIRIKODE P.O., EDAPPATTA VILLAGE,
MALAPPURAM, PIN-679 326.
BY ADVS.
NAVANEETH.N.NATH
N.RAJI
SANEL CHERIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, ROOM NO.201-A,
FIRST FLOOR, ANNEX 1, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE,
CIVIL STATION, MALAPPURAM, PIN-676 305.
OTHER PRESENT:
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 697 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 - District
Collector and numbered as S.M.No.696 of 2019(wrongly
shown in the pleadings as S.M.No.272101 of 2019), 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 Government Pleader
Smt.M.Anima, submitted that, if the suo motu proceedings
are still pending against the petitioner, the same can be
disposed of by the 1st respondent, within a period of six
months, taking note of the fact that she/he is a senior
citizen. She, therefore, prayed that this writ petition be
ordered only on such terms.
WP(C) NO. 697 OF 2022
3. When I consider the afore submissions, it is
ineluctable that if S.M.No.696 of 2019 is still pending
against the petitioner, then it will require to be disposed of
by the 2nd 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.696 of
2019, 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.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 697 OF 2022
APPENDIX OF WP(C) 697/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 18.12.2021 EVIDENCING SUBMISSION OF EXHIBIT P1.
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