Binu K vs Special Tahsildar (Lr)
2022 Latest Caselaw 5679 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. 17157 OF 2022

PETITIONER:

              BINU K.
              AGED 33 YEARS
              S/O. KUNJU, THEKKETHARA HOUSE, MANJAPRA, KANNAMBRA II VILLAGE,
              ALATHUR, PALAKKAD- 678 685.

              BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

              SPECIAL TAHSILDAR (LR)
              OFFICE OF THE SPECIAL TAHSILDAR (L.R.), MINI CIVIL STATION,
              OTTAPALAM, PATTAMBI, PALAKKAD 679 104.


OTHER PRESENT:

              SMT K AMMINIKUTTY - 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. 17157 OF 2022

                                     2




                             JUDGMENT

The petitioner has approached this Court asserting that a suo

motu proceedings, bearing S.M.No.659/2022, has been initiated

against him by the 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 twenty four

months, since the application of the petitioner has been made only

very recently.

Resultantly, this writ petition is ordered, directing the

respondent to complete proceedings in S.M.No.659/2022, after WP(C) NO. 17157 OF 2022

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 JUDGE rp WP(C) NO. 17157 OF 2022

APPENDIX OF WP(C) 17157/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M NO. 659/2022 ISSUED BY THE RESPONDENT DATED 04.05.2022.