Vignesh vs The District Collector, Palakkad
2022 Latest Caselaw 3410 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. 9563 OF 2022
PETITIONER:

          VIGNESH, AGED 40 YEARS,
          S/O.SURESH, HILL VIEW NAGAR, UMMINIKKULAM,
          P.O.KANJICKODE, PALAKKAD TALUK,
          PALAKKAD DISTRICT-678 621.

          BY ADV P.JAYARAM


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, PALAKKAD,
          PIN-678 001.

    2     THE LAND TRIBUNAL/SPECIAL TAHSILDAR(LAND REFORMS),
          OTTAPALAM, MINI CIVIL STATION, P.O.KANNIYAMPURAM,
          OTTAPALAM-691 104.

    3     THE VILLAGE OFFICER, PUTHUSSERY WEST VILLAGE OFFICE,
          P.O.PUTHUSSERY-678 625.

    4     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

          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. 9563 OF 2022
                                   -2-

                              JUDGMENT

The petitioner has approached this Court

asserting that a suo motu proceedings, bearing

S.M.No.155/2022, has been initiated against him by the

2nd respondent - Land Tribunal/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 WP(C) NO. 9563 OF 2022

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 very recently.

Resultantly, this writ petition is ordered,

directing the 2nd respondent to complete proceedings in

S.M.No.155/2022, 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. 9563 OF 2022

APPENDIX OF WP(C) 9563/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 18.03.2022 IN SM 155/2022 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LAND REFORMS) OTTAPALAM.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12.08.2021 ISSUED TO THE PETITIONER WITH RESPECT TO HIS PROPERTY BEARING RE SURVEY NO.153/33 FROM VILLAGE OFFICE, PUTHUSSERY WEST.

RESPONDENT'S/S EXHIBITS : NIL.

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