K M Basheer vs The Special Tahsildar(Lr)
2022 Latest Caselaw 951 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                        WP(C) NO. 2551 OF 2022
PETITIONER:

            K M BASHEER
            AGED 48 YEARS
            S/O.MUHAMMAD, KIZHAKOOTTU VALAPPIL HOUSE,
            CHANGARAMKULAM, NANNAMUKKU, MALAPPURAM,
            KERALA - 679 575.

            BY ADV P.T.SHEEJISH



RESPONDENTS:

    1       THE SPECIAL TAHSILDAR(LR)
            LAND TRIBUNAL TIRUR, CIVIL STATION, TIRUR P.O.,
            MALAPPURAM DISTRICT, KERALA - 676 101.

    2       THE VILLAGE OFFICER
            ALAMKODE VILLAGE, MALAPPURAM DISTRICT,
            KERALA, PIN - 679 576.


OTHER PRESENT:

            SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2551 OF 2022             2

                             JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.1924 of 2021, has been initiated against him

by the 1st respondent - Special Tahsildar (LR); 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.K.Amminikutty, submitted that the afore

mentioned suo motu proceedings was initiated against

the petitioner only in December, 2021 and therefore,

that this writ petition is premature.

3. When I hear the learned Senior Government

Pleader as afore, it is without doubt that this Court

has been ordering suo motu proceedings to be disposed

of within a time frame. That said, though this Court

normally fixes eighteen months time for the Competent

Authority to complete proceedings, I am of the view

that in this case it will be justified to expand it

to twenty four months, since the application of the

petitioner has been made only very recently.

Resultantly, this writ petition is ordered,

directing the 1st respondent - Special Tahsildar (LR)

to complete proceedings in S.M.No.1924 of 2021, 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 twenty four months

from the date of receipt of a certified copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/27.1

APPENDIX OF WP(C) 2551/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 10/11/2021.

Exhibit P2 THE TRUE COPY OF CERTIFICATE OF SUOMOTO PROCEEDINGS IN SM NO.1924/2021.