Disposed

Kumaran@ Kumaranezhuthachan v. the Special Tahsildar

Kerala HC21 Jan 2022WP(C)/2146/2022

Case brief

AI extract

What is this about?

The petitioner, a senior citizen of 74 years, moved this court challenging inaction regarding a suo motu proceedings against him. The court directed the respondents to complete pending proceedings within six months, ensuring due procedure and an opportunity of hearing.

What did the court decide?

directed the 1st respondent to complete proceedings in S.M.No.1980 of 2015 within six months after following due procedure and affording necessary opportunity of being heard to the petitioner.

Kumaran@ Kumaranezhuthachan Vs the Special Tahsildar — Writ and Judicial Review | 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 21^ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943

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WP(C) NO. 2146 OF 2022

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PETITIONER:

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KUMARAN @ KUMARAN EZHUTHACHAN, AGED 74 YEARS, S/O.SANKUNNI EZHUTHACHAN, KUNNATH HOUSE, MUNDAMUKA, GANESHGIRI POST, OTTAPALAM TALUK, PALAKKAD DISTRICT – 679 123.

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BY ADV R.SREEHARI

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RESPONDENTS:

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1 SPECIAL TAHSILDAR P A R (IRRIGATION), PARAKUNNAM, PALAKKAD POST – 678 001.

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2 VILLAGE OFFICER, SHORNUR I VILLAGE, SHORNUR POST, SHORNUR – 679 121.

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BY ADV. SMT.MABLE C.KURIAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2146 OF 2022

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JUDGMENT

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The petitioner, who is stated to be a senior citizen of over 74 years in age, has approached this Court alleging that, even though a suo motu proceedings has been initiated against him by the 1^st respondent - Special Tahsildar (Irrigation) and numbered as S.M.No.1980 of 2015, further action thereon has not been completed until now. The petitioner, therefore, prays the 1^st respondent be directed to do so and issue appropriate final orders thereon, within a time frame to be fixed by this Court.

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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 1^st 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

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WP(C) NO. 2146 OF 2022

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only on such terms.

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When I consider the afore submissions, it is

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ineluctable that if S.M.No.1980 of 2015 is still

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pending against the petitioner, then it will require to be disposed of by the 1^st respondent within a period

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of six months, because this is the time frame that has been constantly followed by this Court in the case of senior citizens.

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Resultantly, this writ petition is ordered,

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directing the 1^st respondent to complete proceedings in S.M.No.1980 of 2015, after following due procedure and

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after affording necessary opportunity of being heard

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to the petitioner - as also to any other

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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.

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Sd/DEVAN RAMACHANDRAN JUDGE

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akv

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WP(C) NO. 2146 OF 2022

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 PHOTO COPY OF BASIC TAX RECEIPT DATED 27.7.2015.

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EXHIBIT P2 PHOTO COPY OF BASIC TAX RECEIPT DATED 26.08.2015.

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EXHIBIT P3 PHOTO COPY OF AADHAR CARD OF THE PETITIONER. EXHIBIT P4 PHOTO COPY OF JUDGMENT IN W.P. (C)NO.28398/2017 AND CONNECTED CASES DT.14.03.2018. EXHIBIT P5 PHOTO COPY OF JUDGMENT IN W.P. (C)NO.25317/2021 DATED 15.11.2021.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

Kumaran@ Kumaranezhuthachan v. the Special Tahsildar

Case brief

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Kumaran@ Kumaranezhuthachan v. the Special Tahsildar

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