K.T.Fathima vs Deputy Collector (Lr)
2022 Latest Caselaw 3192 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 9294 OF 2022
PETITIONER:

          K.T.FATHIMA
          AGED 59 YEARS
          D/O.KUNHIKKAMMU, KADAVATH THALIKAPARAMBIL HOUSE, ANGADI
          P.O., TIRUR TALUK, MALAPPURAM DISTRICT,
          PIN-676102.

          BY ADV K.P.SHEREEF



RESPONDENTS:

    1     DEPUTY COLLECTOR (LR)
          LAND TRIBUNAL, MALAPPURAM, MALAPPURAM DISTRICT,
          PIN-676102.

    2     SAFIYA, AGED 51 YEARS, THALIKAPARAMBIL HOUSE,
          B.P.ANGADI P.O., MALAPPURAM DISTRICT, PIN 676102.

    3     SUBAIDA, AGED 48 YEARS, THALIKAPARAMBIL HOUSE,
          B.P.ANGADI P.O., MALAPPURAM DISTRICT, PIN 676102.

    4     MAMMIKUTTY, AGED 57 YARS, THALIKAPARAMBIL HOUSE,
          B.P.ANGADI P.O., MALAPPURAM DISTRICT, PIN 676102

    5     SHAMSUDHEEN, AGED 56 YEARS, THALIKAPARAMBIL HOUSE,
          B.P.ANGADI P.O., MALAPPURAM DISTRICT, PIN-676102.

    6     ABDUL RASHEED, AGED 44 YEARS, KADAVATH THALIKAPARAMBIL
          HOUSE, B.P. ANGADI P.O, MALAPPURAM DISTRICT, PIN 676
          102.

    7     ANWER, AGED 47 YEARS, THALIKAPARAMBIL HOUSE, B.P.ANGADI
          P.O., MALAPPURAM DISTRICT, PIN 676102.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9294 OF 2022              2

                             JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.118 of 2020, has been initiated against her by

the 1st respondent - Deputy Collector (LR); 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 February 2020 and therefore,

that this writ petition is premature.

3. Even though I find the afore submissions of

the learned Senior Government Pleader to be valid, I

am also aware that, as a rule, this Court directs the

competent authority to dispose of such proceedings

within a period of eighteen months. I, therefore, do

not see why the petitioner should not be given the

said benefit.

Resultantly, this writ petition is ordered,

directing the 1st respondent to complete proceedings

in S.M.No.118 of 2020, 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 eighteen 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 MC/18.3

APPENDIX OF WP(C) 9294 OF 2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE PETITIONER'S TITLE DEED NUMBER 2622/2013 OF SRO KUTTIPPURAM DATED 12.6.2013.

Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR, MALAPPURAM DATED 18.2.2020.