IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 1267 OF 2022
PETITIONER:
SUMANGALI
AGED 47 YEARS
W/O.PARAMESWARAN, KALADI HOUSE, P.O.PATTISSERI, PATTAMBI
TALUK, PALAKKAD DISTRICT-679 534
BY ADV P.JAYARAM
RESPONDENTS:
1
THE DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD-678 001
2
THE LAND TRIBUNAL/ SPECIAL TAHSILDAR,
(LAND REFORMS) PATTAMBI, MINI CIVIL STATION, P.O
KANNIYAMPURAM, OTTAPALAM-679 104
3
THE VILLAGE OFFICER,
CHALISSERI VILLAGE OFFICE, P.O.CHALISSERI-679 536
4
STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
OTHER PRESENT:
SMT.K.AMMINIKUTTY SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1267 OF 2022 2
Fact of the Case:
The petitioner approached the court asserting that suo motu proceedings were initiated against her by the Land Tribunal/Special Tahsildar (Land Reforms) and sought that the proceedings be disposed of within a time frame.
Finding of the Court:
The court acknowledged that it has been ordering suo motu proceedings to be disposed of within a time frame and found it justified to expand the time frame to twenty-four months in this case.
Issues: The issue before the court was to determine a reasonable time frame for the completion of suo motu proceedings initiated against the petitioner.
Ratio Decidendi: The court held that the suo motu proceedings should be completed after following due procedure and affording necessary opportunity of being heard to the petitioner and any other interested person, as expeditiously as possible, but not later than twenty-four months from the date of receipt of a certified copy of the judgment.
Final Decision: The court directed the Land Tribunal/Special Tahsildar (Land Reforms) to complete the proceedings in S.M.No.1255 of 2021 within twenty-four months from the date of receipt of a certified copy of the judgment.
JUDGMENT
The petitioner has approached this Court asserting that a suo motu proceedings, bearing S.M.No.1255 of 2021, has been initiated against her 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 in December, 2021 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 2nd respondent to complete proceedings in S.M.No.1255 of 2021, 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.
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