The Court allowed a writ petition filed by a senior citizen challenging the delay in concluding suo motu proceedings initiated by the District Collector. The Court directed the Collector to dispose of the proceedings within six months.
Directed the 2nd respondent to complete S.M.No.696 of 2019 within six months from the date of receipt of this judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 697 OF 2022
PETITIONER:
SIVASANKARAN, AGED 61 YEARS S/O.LATE JANAKI AMMA, VAYANKARA PUTHEN VEETTIL HOUSE, PATHIRIKODE P.O., EDAPPATTA VILLAGE, MALAPPURAM, PIN-679 326.
BY ADVS. NAVANEETH.N.NATH N.RAJI SANEL CHERIAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, ROOM NO.201-A, FIRST FLOOR, ANNEX 1, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN-676 305.
OTHER PRESENT:
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 697 OF 2022
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JUDGMENT
The petitioner, who is stated to be a senior citizen of over 60 years in age, has approached this Court alleging that, even though a suo motu proceedings has been initiated against him by the 2nd respondent - District Collector and numbered as S.M.No.696 of 2019(wrongly shown in the pleadings as S.M.No.272101 of 2019), further action thereon has not been completed until now. The petitioner, therefore, prays the 2nd respondent be directed to do so and issue appropriate final orders thereon, within a time frame to be fixed by this Court.
WP(C) NO. 697 OF 2022
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Resultantly, this writ petition is ordered, directing the 2nd respondent to complete proceedings in S.M.No.696 of
2019, 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.
Sd/DEVAN RAMACHANDRAN JUDGE
ANB
WP(C) NO. 697 OF 2022
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APPENDIX OF WP(C) 697/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 18.12.2021 EVIDENCING SUBMISSION OF EXHIBIT P1.
1 issue framed by the court
Whether to direct the respondent to complete pending suo motu proceedings against the senior citizen petitioner within a fixed period.
Sivasankaran
State of Kerala
District Collector
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
