Citation : 2022 Latest Caselaw 998 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. 2615 OF 2022
PETITIONER:
AHAMED KABEER
AGED 46 YEARS
S/O.MOIDUNNI ALIAS KUNHIMON, MUNDEKATTIL HOUSE,
NADAVATTAM, VATTAMKULAM SUGHAPURAM,
MALAPPURAM, KERALA - 679 576.
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DEPUTY COLLECTOR (LR)
M SECTION, COLLECTORATE, MALAPPURAM, MALAPPURAM P.O.,
MALAPPURAM DISTRICT, KERALA - 676 505, KERALA, PIN -
679 576.
2 THE VILLAGE OFFICER
VATTAMKULAM 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. 2615 OF 2022 2
JUDGMENT
The petitioner has approached this Court
asserting that a suo motu proceedings, bearing
S.M.No.727 of 2021, has been initiated against him by
the 1st respondent - Deputy Collector (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 to complete proceedings
in S.M.No.727 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) 2615/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 08/12/2021.
Exhibit P2 THE TRUE COPY OF CERTIFICATE OF SUOMOTO PROCEEDINGS IN SM NO.727/2021.
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