The Court issued a direction to the Deputy Collector to dispose of pending suo motu proceedings against a senior citizen petitioner within six months, ensuring due process and opportunity of hearing.
Direction to the 2nd respondent to complete proceedings in S.M.No.985/2017 within six months from the date of receipt of a certified copy of this judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
WP(C) NO. 1184 OF 2022
PETITIONER:
AHAMMED HAJI, S/O KUNHALAVI,
PALASSERI ITHIKKAL HOUSE,
VATTAKKULAM PO, THENNALA,
MALAPPURAM DISTRICT – 679 578
BY ADV U.K.DEVIDAS
RESPONDENTS:
1 LAND TRIBUNAL (DEVASWOM), COLLECTORATE, UP HILL PO, MALAPPURAM – 676 505
2 DEPUTY COLLECTOR (LAND REFORMS), LAND TRIBUNAL, COLLECTORATE, UP HILL PO, MALAPPURAM DISTRICT – 676 505
GP - MABEL C KURIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WPC 1184/22
JUDGMENT
The petitioner, who is stated to be a senior citizen, has
approached this Court alleging that, even though a suo motu proceedings has been initiated against him by the 2nd respondent
Deputy Collector (Land Reforms) and numbered as
S.M.No.985/20 1 7, further action thereon has not been completed until now. He, therefore, prays that the 2 nd respondent be directed to do so and issue appropriate final orders thereon, within a time
frame to be fixed by this Court.
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 2nd respondent, within a period of six months, taking note of the fact that he is a senior citizen. She, therefore, prayed
that this writ petition be ordered only on such terms.
3
WPC 1184/22
that if S.M.No.985/20 17 is still pending against the petitioner, then
it will require to be disposed of by the 2nd respondent within a period of six 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 2nd respondent to complete proceedings in S.M.No.985/20 17 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 six months from the date of receipt of a certified copy of this judgment.
This writ petition is thus disposed of.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
WPC 1184/22
4
APPENDIX
PETITIONER EXHIBITS
Exhibit1
TRUE COPY OF THE THE CERTIFICATE NO.M2-
129906/17 DATED 10.11.2017 IN SM
NO.985/2017 ISSUED BY THE 2ND RESPONDENT.
1 issue framed by the court
Whether the petitioner, who is a senior citizen, is entitled to direction for disposal of pending suo motu proceedings within six months.
AHAMMED HAJI
LAND TRIBUNAL (DEVASWOM), COLLECTORATE, UP HILL PO, MALAPPURAM
DEPUTY COLLECTOR (LAND REFORMS), LAND TRIBUNAL, COLLECTORATE, UP HILL PO, MALAPPURAM DISTRICT
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court