Sivasankaran, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 21, 2022

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Citation: sooperkanoon.com/1441316
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jan 21, 2022
Case Number: WP(C)/697/2022

Parties & Advocates

Appellant / Petitioner

Sivasankaran,

Respondent

State of Kerala,

Excerpt

.....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.2. in response, the learned government pleadersmt.m.anima, submitted that, if the suo motu proceedings are still pending against the petitioner, the same can be disposed of by the 1st respondent, within a period of six months, taking note of the fact that she/he is a senior citizen. she, therefore, prayed that this writ petition be ordered only on such terms.3. when i consider the afore submissions, it is ineluctable that if s.m.no.696 of 2019 is still pending against the petitioner, then it will require to be disposed ofby 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 the2nd 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 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.

Full Judgment

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 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:

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 2 nd 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.

2. In response, the learned Government Pleader

Smt.M.Anima, submitted that, if the suo motu proceedings are still pending against the petitioner, the same can be disposed of by the 1st respondent, within a period of six months, taking note of the fact that she/he is a senior citizen. She, therefore, prayed that this writ petition be ordered only on such terms.

3. When I consider the afore submissions, it is ineluctable that if S.M.No.696 of 2019 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.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 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.

Same Court & Year Kerala · 2022 Same Parties Sivasankaran, vs State of Kerala, Same Judge Honourable Mr. Justice Devan Ramachandran