Sareena M vs The Special Tahsildar(Lr)
2022 Latest Caselaw 2718 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 8132 OF 2022
PETITIONER:

          SAREENA M., D/O.SADIQUE,
          MAMUNNIMUSLIARAKATH HOUSE, RAYIRIMANGALAM, TANUR,
          MALAPPURAM DISTRICT, KERALA, PIN - 676 302.

          BY ADV P.T.SHEEJISH



RESPONDENTS:

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

    2     THE VILLAGE OFFICER, TANUR VILLAGE,
          MALAPPURAM DISTRICT, KERALA, PIN - 676 307.

          BY ADV.SMT.K.AMMINIKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8132 OF 2022
                                   -2-

                              JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.1007/2021, has been initiated against her 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.K.Amminikutty, submitted that the afore

mentioned suo motu proceedings was initiated against

the petitioner only recently 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 WP(C) NO. 8132 OF 2022

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.1007/2021, 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 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 akv WP(C) NO. 8132 OF 2022

APPENDIX OF WP(C) 8132/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 03/08/2021.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF SUO MOTO PROCEEDINGS IN SM NO.1007/2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE