Nafeesa Moideen Kutty vs The Special Tahsildar (Lr)
2022 Latest Caselaw 2515 Ker

               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. 7180 OF 2022
PETITIONER:

            NAFEESA MOIDEEN KUTTY
            AGED 57 YEARS
            W/O. MOIDEEN, THARAYAMBATT HOUSE, PONMUNDAM, TIRUR,
            MALAPPURAM DISTRICT

            BY ADV P.T.SHEEJISH



RESPONDENT:

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

    2       THE VILLAGE OFFICER
            PONMUNDAM VILLAGE, MALAPPURAM DISTRICT, KERALA PIN 676
            552



            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. 7180 OF 2022
                                      2



                               JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.2197 of 2021, has been initiated

against him by the 1st respondent - Special

Tahsildar (Land Reforms); 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 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 this Court has been ordering suo motu WP(C) NO. 7180 OF 2022

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.2197 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.

Though there is no specific averment

regarding the involvement of any Devaswom WP(C) NO. 7180 OF 2022

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. 7180 OF 2022

APPENDIX OF WP(C) 7180/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 16-11-2021

Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF SUOMOTU PROCEEDINGS SM NO. 2197/2021