Shihabudeen vs The Deputy Collector (Lr)
2022 Latest Caselaw 3217 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. 9175 OF 2022
PETITIONER:

          SHIHABUDEEN,
          AGED 50 YEARS
          S/O.KUNHIMUHAMMED, KALLAN (H), PERUMANNA,
          KALPAKANCHERY, TIRUR, MALAPPURAM, PIN-676 551.

          BY ADV P.T.SHEEJISH



RESPONDENTS:

    1     THE DEPUTY COLLECTOR (LR),
          M SECTIION, COLLECTORATE, MALAPPURAM, MALAPPURAM
          DISTRICT, KERALA-676 504.

    2     THE VILLAGE OFFICER, PERUMANNA VILLAGE,
          MALAPPURAM DISTRICT, KERALA, PIN-676 026.


OTHER PRESENT:

          SMT.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. 9175 OF 2022
                              2




                         JUDGMENT

The petitioner has approached this Court asserting that

a suo motu proceedings, bearing S.M.No.849 of 2018, has

been initiated against him 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,

Sri.K.Amminikutty, submitted that the afore mentioned suo

motu proceedings was initiated against the petitioner only in

2018 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 WP(C) NO. 9175 OF 2022

petition is ordered, directing the 1st respondent to complete

proceedings in S.M.No.849 of 2018, 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 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. 9175 OF 2022

APPENDIX OF WP(C) 9175/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 24.09.2018.

Exhibit P2 TRUE COPY OF CERTIFICATE OF SUOMOTO PROCEEDINGS IN SM NO.849/2018.