Krishan Kumar Choudari vs The Special Tahsildar (Lr)
2022 Latest Caselaw 5404 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
       FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                         WP(C) NO. 14630 OF 2022
PETITIONER:

              KRISHAN KUMAR CHOUDARI
              AGED 60 YEARS
              S/O. BAJOUGLAL CHOUDARI, SIBBAM SHALEGIRI SAMANAPALLI,
              KRISHNAGIRI, TAMIL NADU, PIN-635001.

              BY ADVS.
              RAJESH SIVARAMANKUTTY
              ARUL MURALIDHARAN



RESPONDENT:

              THE SPECIAL TAHSILDAR (LR)
              PALAKKAD, OFFICE OF THE SPECIAL TAHSILDAR (LR),
              PALAKKAD, PALAKKAD DISTRICT, PIN-678001.


OTHER PRESENT:

              SR GP- SMT.MABLE C KURIAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14630 OF 2022
                                  2



                          JUDGMENT

The petitioner, who is stated to be a senior citizen of

60 years in age, has approached this Court alleging that,

even though a suo motu proceedings has been initiated

against him by the respondent - Special Tahsildar (L.R)

and numbered as S.M.No.230 of 2022, further action

thereon has not been completed until now. The petitioner,

therefore, prays the respondent be directed to do so and

issue appropriate final orders thereon, within a time frame

to be fixed by this Court.

2. In response, the learned Senior Government

Pleader - Smt.Mable C Kurian, submitted that, if the suo

motu proceedings are still pending against the petitioner,

the same can be disposed of by the respondent, within a

period of eight months, taking note of the fact that he is a WP(C) NO. 14630 OF 2022

senior citizen. She, therefore, prayed that this writ petition

be ordered only on such terms.

3. When I consider the afore submissions, it is

ineluctable that if S.M.No.230 of 2022 is still pending

against the petitioner, then it will require to be disposed of

by the respondent within a period of eight months, because

this is the time frame that has been constantly followed by

this Court in the case of senior citizens.

Resultantly, this writ petition is ordered, directing the

respondent to complete proceedings in S.M.No.230 of

2022, after following due procedure and after affording

necessary opportunity of being heard to the petitioner - as

also to any other interested/affected persons - thus,

culminating in an apposite order thereon, as expeditiously

as is possible, but not later than eight months from the

date of receipt of a certified copy of this judgment. WP(C) NO. 14630 OF 2022

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.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 14630 OF 2022

APPENDIX OF WP(C) 14630/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT SHOWING THE SUO MOTO NUMBER AS S.M.NO.230/2022 DATED 8.3.2022 ISSUED FROM THE RESPONDENT.