Chenthamara, vs the Special Tahsildar (Lr), Pattambi,

Chenthamara, vs The Special Tahsildar (Lr), Pattambi,

Type Court Judgment Court Kerala Decided Jan 25, 2022

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https://sooperkanoon.com/case/1445530

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Citation: sooperkanoon.com/1445530
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jan 25, 2022
Case Number: WP(C)/2540/2022

Parties & Advocates

Appellant / Petitioner

Chenthamara,

Respondent

The Special Tahsildar (Lr), Pattambi,

Excerpt

.....this court asserting that a suo motu proceedings, bearing s.m.no.104 of 2022, has been initiated against him by the 1st respondent - special tahsildar (lr); and seeks that the same be directed to be disposed of within a time frame to be fixed by this court.2. in response, the learned senior governmentpleader, smt.mable c.kurian, submitted that the afore mentioned suo motu proceedings was initiated against the petitioner only in january, 2022 and therefore, that this writ petition is premature.3. when i hear the learned senior government pleader as afore, it is without doubt that this court has been ordering suo motu proceedings to be disposed of within a time frame. that said, though this court normally fixes eighteen months time for the competent authority to complete proceedings, iam of the view that in this case it will be justified to expand it to twenty four months, since wp(c) no. 2540 of 2022 3 the application of the petitioner has been made only very recently. resultantly, this writ petition is ordered, directing the competent authority to complete proceedings in s.m.no.104 of 2022, after followingdue 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. sd/- devan ramachandran judge mc/25.1 wp(c) no. 2540 of 2022 4 appendix of wp(c) 2540/2022 petitioner exhibits exhibit p1 true copy of the receipt dated 19.01.2022 showing the suo moto number as sm no.104/2022 issued from the respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 WP(C) NO. 2540 OF 2022 PETITIONER: CHENTHAMARA, AGED 55 YEARS S/O.LAE APPUKUTTAN, THEKKEKKADU, MUDAPPALLUR, PALAKKAD DISTRICT, PIN-678 705. BY ADV RAJESH SIVARAMANKUTTY RESPONDENT: THE SPECIAL TAHSILDAR (LR), PATTAMBI, OFFICE OF THE SPECIAL TAHSILDAR (LR), PATTAMBI, MINI CIVIL STATIN, OTTAPALAM, PALAKKAD DISTRICT, PIN-679 104. OTHER PRESENT: SMT MABLE C KURIAN,SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2540 OF 2022 2

JUDGMENT

The petitioner has approached this Court asserting that a suo motu proceedings, bearing S.M.No.104 of 2022, has been initiated against him by the 1st respondent - Special Tahsildar (LR); and seeks that the same be directed to be disposed of within a time frame to be fixed by this Court.

2. In response, the learned Senior Government

Pleader, Smt.Mable C.Kurian, submitted that the afore mentioned suo motu proceedings was initiated against the petitioner only in January, 2022 and therefore, that this writ petition is premature.

3. When I hear the learned Senior Government Pleader as afore, it is without doubt that this Court has been ordering suo motu proceedings to be disposed of within a time frame. That said, though this Court normally fixes eighteen 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 twenty four months, since WP(C) NO. 2540 OF 2022 3 the application of the petitioner has been made only very recently. Resultantly, this writ petition is ordered, directing the competent Authority to complete proceedings in S.M.No.104 of 2022, 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 twenty four months from the date of receipt of a certified copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE MC/25.1 WP(C) NO. 2540 OF 2022 4 APPENDIX OF WP(C) 2540/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 19.01.2022 SHOWING THE SUO MOTO NUMBER AS SM NO.104/2022 ISSUED FROM THE RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Chenthamara, vs The Special Tahsildar (Lr), Pattambi, Same Judge Honourable Mr. Justice Devan Ramachandran