Mustafa Muhammed vs The Deputy Collector (Lr)
2022 Latest Caselaw 2516 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. 7160 OF 2022
PETITIONER:

            MUSTAFA MUHAMMED
            AGED 52 YEARS
            S/O. BAPPU, VELLIYATH HOUSE, THANALUR, TIRUR,
            MALAPPURAM, PIN - 676307.

            BY ADV P.T.SHEEJISH



RESPONDENTS:

    1       THE DEPUTY COLLECTOR (LR)
            M. SECTION, COLLECTORATE, MALAPPURAM, MALAPPURAM
            DISTRICT, KERALA - 676504.

    2       THE VILLAGE OFFICER
            THANALUR VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN -
            676307.



            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. 7160 OF 2022
                                         2



                               JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.91 of 2022, has been initiated against

him by the 1st respondent - Deputy Collector

(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 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 this Court has been ordering suo motu

proceedings to be disposed of within a time WP(C) NO. 7160 OF 2022

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.91 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.

Though there is no specific averment

regarding the involvement of any Devaswom Board

in the S.M. Proceedings, it is made clear that WP(C) NO. 7160 OF 2022

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. 7160 OF 2022

APPENDIX OF WP(C) 7160/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 07.01.22.

Exhibit P2 TRUE COPY OF CERTIFICATE OF SUOMOTO PROCEEDINGS IN SM NO.91/2022.