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Abdu Rahman v. Land Tribunal(Land Reforms)

Kerala HC7 Jan 2022WP(C)/409/2022

Case brief

AI extract

What is this about?

This judgment orders the first respondent to complete suo motu proceedings against the petitioner within 24 months from the date of judgment, allowing for due procedure and opportunities of being heard, despite objections regarding premature filing.

What did the court decide?

Direction to the Land Tribunal to complete suo motu proceedings within 24 months ensuring due procedure and hearing.

Abdu Rahman Vs Land Tribunal(Land Reforms) — 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 7^TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943

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WP(C) NO. 409 OF 2022

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PETITIONER:

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ABDU RAHMAN, S/O.KUTTIALI, KANDUVAYIL CHULLIKKALATHIL HOUSE, PONMALA P.O., MALAPPURAM DISTRICT - 676 528.

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BY ADV U.K.DEVIDAS

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RESPONDENTS:

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1 LAND TRIBUNAL(LAND REFORMS) CIVIL STATION, TIRUR, TIRUR P.O., MALAPPURAM DISTRICT - 679 101.

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2 SPECIAL TAHSILDAR (LAND REFORMS) LAND TRIBUNAL, CIVIL STATION, TIRUR, TIRUR P.O., MALAPPURAM DISTRICT - 679 101.

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SMT.K.AMMINIKUTTY - SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 409 OF 2022

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JUDGMENT

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The petitioner has approached this Court asserting that a suo motu proceedings, bearing S.M.No.1220 of 2021, has been initiated against him by the first respondent – Land Tribunal (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 Pleader, Smt.K.Amminikutty, submitted that the afore mentioned suo motu proceedings was initiated against the petitioner only in 2021 and 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 this Court has been ordering suo motu proceedings to be disposed of within a time frame. That said, though this Court normally fixes 18 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 24 months, since the application of the petitioner has been made very recently.

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Resultantly, this writ petition is ordered, directing the first respondent to complete proceedings in S.M.No.1220 of

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WP(C) NO. 409 OF 2022

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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 24 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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stu

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WP(C) NO. 409 OF 2022

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APPENDIX OF WP(C) 409/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SUOMOTO REPORT DATED 10/09/2021 IN S.M.NO.1220/2021 BY THE VILLAGE OFFICER, PONMALA.

Abdu Rahman v. Land Tribunal(Land Reforms)

Case brief

What is this about?

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Abdu Rahman v. Land Tribunal(Land Reforms)

Case brief

What is this about?

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