Kerala High Court
Avarankutty vs The Special Tahsildar on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 7192 OF 2022
PETITIONER:
AVARANKUTTY
AGED 70 YEARS
S/O. AHAMMEDKUTTY, MULIYATHIL HOUSE, THANGALS ROAD,
KOTTI, KURUKKANKUNNU , TIRUR, MALAPPURAM, PIN-676 101
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 THE SPECIAL TAHSILDAR
LAND TRIBUNAL, TIRUR, CIVIL STATION, TIRUR P.O.,
MALAPPURAM DISTRICT, KERALA-676 101
2 THE VILLAGE OFFICER,
TALAKKAD VILLAGE, MALAPPURAM DISTRICT, KERALA,PIN-676
106
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7192 OF 2022
2
JUDGMENT
The petitioner, who is stated to be a
senior citizen of over 70 years in age, has
approached this Court alleging that, even
though a suo motu proceedings has been
initiated against her by the 1st respondent
Special Tahsildar (Land Reforms) and numbered
as S.M.No.42 of 2022, further action thereon
has not been completed until now. The
petitioner, therefore, prays the 1st 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.Mable C. Kurian,
submitted that, if the suo motu proceedings are
still pending against the petitioner, the same
can be disposed of by the 1st respondent,
WP(C) NO. 7192 OF 2022
within a period of eight 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.42 of 2022 is
still pending against the petitioner, then it
will require to be disposed of by the 1st
respondent within a period of eight 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 1st respondent to complete
proceedings in S.M.No.42 of 2022, 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
WP(C) NO. 7192 OF 2022
as is possible, but not later than eight months
from the date of receipt of a certified copy of
this judgment.
Though there is no specific averment
regarding the involvement of any Devaswom Board
in the S.M. Proceedings, it is made clear that
if the competent Authority is to find so, then
the said entity will also be given an
opportunity of being heard while the afore
directed exercise is completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 7192 OF 2022
APPENDIX OF WP(C) 7192/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 2ND RESPONDENT DATED 14.09.2021
Exhibit P2 THE TRUE COPY OF CERTIFICATE OF SUTOMOTU
PROCEEDINGS IN SM NO.42/2022
