Allowed

Sumangali v. the District Collector

Kerala HC14 Jan 2022WP(C)/1267/2022

Case brief

AI extract

What is this about?

Court allowed the writ petition filed by Sumangali regarding a suo motu proceeding initiated by the Land Tribunal. Held the petition was not premature and directed the respondent to complete the proceedings within twenty-four months.

What did the court decide?

Directed the 2nd respondent to complete proceedings in S.M.No.1255 of 2021 within twenty-four months from the date of receipt of a certified copy of this judgment.

Sumangali Vs the District Collector — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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FRIDAY, THE 14^TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

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WP(C) NO. 1267 OF 2022

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PETITIONER:

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SUMANGALI

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AGED 47 YEARS W/O.PARAMESWARAN, KALADI HOUSE, P.O.PATTISSERI, PATTAMBI TALUK, PALAKKAD DISTRICT-679 534

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BY ADV P.JAYARAM

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001

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2 THE LAND TRIBUNAL/ SPECIAL TAHSILDAR, (LAND REFORMS) PATTAMBI, MINI CIVIL STATION, P.O KANNIYAMPURAM, OTTAPALAM-679 104

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3 THE VILLAGE OFFICER, CHALISSERI VILLAGE OFFICE, P.O.CHALISSERI-679 536

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4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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OTHER PRESENT:

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SMT.K.AMMINIKUTTY SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1267 OF 2022 2

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JUDGMENT

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The petitioner has approached this Court

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asserting that a suo motu proceedings, bearing S.M.No.1255 of 2021, has been initiated against her by the 2^nd 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.

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In response, the learned Senior Government

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Pleader, Smt.K.Amminikutty, submitted that the afore mentioned suo motu proceedings was initiated against

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the petitioner only in December, 2021 and

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therefore, that this writ petition is premature.

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When I hear the learned Senior Government Pleader as afore, it is without doubt that this

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Court has been ordering suo motu proceedings to be disposed of within a time frame. That said, though

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this Court normally fixes eighteen months time for the Competent Authority to complete proceedings, I

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am of the view that in this case it will be

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WP(C) NO. 1267 OF 2022 3

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justified to expand it to twenty four months, since the application of the petitioner has been made only very recently.

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Resultantly, this writ petition is ordered, directing the 2^nd respondent to complete proceedings

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in S.M.No.1255 of 2021, after following due

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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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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/15.1

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WP(C) NO. 1267 OF 2022 4

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APPENDIX OF WP(C) 1267/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE RECEIPT DATED 16.12.2021 IN SM 1255/2021 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE SPECIAL TAHSILDAR, (LAND REFORMS) OTTAPALAM Exhibit P2 TRUE COPY OF THE POSSESSION NO.921/2021 DATED 25.11.2021 ISSUED TO THE PETITIONER FROM CHALISSERI VILLAGE OFFICE WITH RESPECT TO PETITIONERS PROPERTY BEARING SURVEY NO.128/4

Sumangali v. the District Collector

Case brief

What is this about?

What did the court decide?

Sumangali v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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