Muhammed Basheer vs The Special Tahsildar (Lr)
2022 Latest Caselaw 3396 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                        WP(C) NO. 9689 OF 2022
PETITIONER:

          MUHAMMED BASHEER, AGED 26 YEARS,
          S/O AVARAN, THAZHATHEPEEDIYEKKAL HOUSE,
          KAIMALASSERY, TRIPRANGODE,
          MALAPPURAM DISTRICT.

          BY ADV P.T.SHEEJISH



RESPONDENTS:

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

    2     THE VILLAGE OFFICER, TRIPRANGODE VILLAGE,
          MALAPPURAM DISTRICT, KERALA, PIN-676 263.

          SMT.K.AMMINIKUTTY, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9689 OF 2022
                                   -2-

                              JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.545/2022, has been initiated against him 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. 9689 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.545/2022, 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
akv                                                 JUDGE
 WP(C) NO. 9689 OF 2022


                            APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1            TRUE COPY OF THE LAND TAX RECEIPT

ISSUED BY THE 2ND RESPONDENT DATED 03.05.2021.

EXHIBIT P2 TRUE COPY OF THE SUO MOTO REPORT IN SM NO.545/2022.

RESPONDENT'S/S EXHIBITS : NIL.

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