Unais vs The Special Tahsildar (Lr)
2022 Latest Caselaw 3205 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. 9205 OF 2022
PETITIONER:

          UNAIS,
          AGED 32 YEARS
          S/O. IBRAHIM KUTTY, KAVUMPURATH, CHILAVIL PONMUNDAM
          P.O., TIRUR TALUK, MALAPPURAM DISTRICT 676 106.

          BY ADV P.T.SHEEJISH



RESPONDENTS:

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

    2     THE VILLAGE OFFICER,
          PONMUNDAM VILLAGE, MALAPPURAM DISTRICT, KERALA, 676
          106.


OTHER PRESENT:

          SMT.K. AMMINIKUTTY SR,G.P




     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. 9205 OF 2022

                             2




                         JUDGMENT

The petitioner has approached this Court asserting that

a suo motu proceedings, bearing S.M.No.390 of 2022, has

been initiated against him by the 1 st respondent - Special

Tahsildar (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.K.Amminikutty, submitted that the afore mentioned suo

motu proceedings was initiated against the petitioner only in

February, 2022 and therefore, that this writ petition is

premature.

3. Even though this Court normally fixes eighteen

months time 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 a month ago.

WP(C) NO. 9205 OF 2022

Resultantly, this writ petition is ordered, directing the 1 st

respondent to complete proceedings in S.M.No.390 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 nay 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 ANB WP(C) NO. 9205 OF 2022

APPENDIX OF WP(C) 9205/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 06.08.2021

Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF SUO MOTO PROCEEDINGS DATED 19.2.2022.