Moidu vs Special Tahsildar (L.R)
2022 Latest Caselaw 2720 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. 8110 OF 2022
PETITIONER:

          MOIDU, AGED 50 YEARS,
          S/O.LATE ABDUL KHADER,
          MOOCHIKODAN HOUSE,
          VILAYUR P.O., PATTAMBI,
          PALAKKAD - 679 309.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

          SPECIAL TAHSILDAR (L.R),
          OFFICE OF THE SPECIAL TAHSILDAR (L.R.),
          MINI CIVIL STATION, OTTAPALAM,
          PATTAMBI, PALAKKAD - 679 104.

          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. 8110 OF 2022
                                     -2-

                                JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.341/2022, has been initiated against him by the

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. 8110 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 respondent to complete proceedings in

S.M.No.341/2022, 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 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. 8110 OF 2022

APPENDIX OF WP(C) 8110/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RECEIPT IN S.M.NO.341/2022 ISSUED BY THE RESPONDENT DATED 02/03/2022.

RESPONDENT'S/S EXHIBITS : NIL.

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