Citation : 2022 Latest Caselaw 956 Ker
Judgement Date : 25 January, 2022
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. 2540 OF 2022
PETITIONER:
CHENTHAMARA,
AGED 55 YEARS
S/O.LAE APPUKUTTAN, THEKKEKKADU, MUDAPPALLUR, PALAKKAD
DISTRICT, PIN-678 705.
BY ADV RAJESH SIVARAMANKUTTY
RESPONDENT:
THE SPECIAL TAHSILDAR (LR), PATTAMBI,
OFFICE OF THE SPECIAL TAHSILDAR (LR), PATTAMBI, MINI
CIVIL STATIN, OTTAPALAM, PALAKKAD DISTRICT, PIN-679
104.
OTHER PRESENT:
SMT MABLE C KURIAN,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. 2540 OF 2022 2
JUDGMENT
The petitioner has approached this Court
asserting that a suo motu proceedings, bearing
S.M.No.104 of 2022, 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.Mable C.Kurian, submitted that the
afore mentioned suo motu proceedings was initiated
against the petitioner only in January, 2022 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 competent Authority to complete
proceedings in S.M.No.104 of 2022, 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/25.1
APPENDIX OF WP(C) 2540/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 19.01.2022 SHOWING THE SUO MOTO NUMBER AS SM NO.104/2022 ISSUED FROM THE RESPONDENT.
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