Devaki vs Special Tahsildar (L.T)
2022 Latest Caselaw 5675 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

              FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944

                            WP(C) NO. 17146 OF 2022

PETITIONER:

              DEVAKI,
              AGED 66 YEARS
              W/O. LATE V.S. RAMAN, VADAKKEVEEDU, ODANNUR, PARALI II VILLAGE,
              PALAKKAD 678 612.

              BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

              SPECIAL TAHSILDAR (L.T),
              OFFICE OF THE SPECIAL TAHSILDAR (L.T), PALAKKAD,
              PALAKKAD 678 001.


OTHER PRESENT:

              SMT MABLE C KURIAN - SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17146 OF 2022

                                         2




                                JUDGMENT

The petitioner, who is stated to be a senior citizen of over 66

years in age, has approached this Court alleging that, even though a

suo motu proceedings has been initiated against her by the

respondent Special Tahsildar (Land Reforms) and numbered as

S.M.No.418/2022, 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.K.Amminikutty, 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 she is a 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.418/2022, 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.418/2022, after WP(C) NO. 17146 OF 2022

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.

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 JUDGE rp WP(C) NO. 17146 OF 2022

APPENDIX OF WP(C) 17146/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M. NO. 418/2022 ISSUED BY THE RESPONDENT DATED 30.04.2022.

Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO. 5636 0117 2262 OF THE PETITIONER.