Leelavathi vs Special Tahsildar (L.R)
2022 Latest Caselaw 5722 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. 13920 OF 2022
PETITIONER:

           LEELAVATHI.,
           AGED 72 YEARS
           W/O. LATE UNNIKRISHNAN, KANIYAMKODE, KUTHANUR,
           KUTHANUR-1 VILLAGE, ALATHUR, PALAKKAD 678 721.
           BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENT:

             SPECIAL TAHSILDAR (L.R),
             OFFICE OF THE SPECIAL TAHSILDAR (L.R.), MINI CIVIL
             STATION, OTTAPALAM, PATTAMBI, PALAKKAD 679 104.
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. 13920 OF 2022          2

                          JUDGMENT

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

70 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 (LR) and numbered as

S.M.No.533 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 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.533 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.533 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.

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 MC/28.5

APPENDIX OF WP(C) 13920/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT IN S.M . NO.

533/2022 ISSUED BY THE RESPONDENT DATED 05.04.2022.

Exhibit P2 TRUE COPY OF THE AADHAAR CARD NO. 6352 9573 3201 OF THE PETITIONER.