Abid vs the Special Thahsildar (Lr), Land Tribunal - Tirur - Court Judgment

SooperKanoon Citationsooperkanoon.com/1674942
CourtKerala High Court
Decided OnSep-15-2021
Case NumberWP(C)/19008/2021
JudgeHonourable Mr. Justice Devan Ramachandran
AppellantABID
RespondentThe Special Thahsildar (Lr), Land Tribunal - Tirur
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran wednesday, the 15th day of september 2021 / 24th bhadra, 1943 petitioner: abid, aged 35 years, s/o saithalavi, meenthrathakath house, paravanna, vettom, tirur, malappuram district. pin -676 502. by adv p.t.sheejish respondents: 1 the special thahsildar (lr), land tribunal - tirur, tirur po, malappuram district, kerala -676 101. 2 the village officer, vettom village, vettom, malappuram district, kerala, pin -676 105. by adv.sri.e.c.bineesh, gp this writ petition (civil) having come up for admission on 15.09.2021, the court on the same day delivered the following: -2-judgmentthe petitioner has approached this court asserting that a suo motu proceedings, bearing s.m.no.1195 of 2021, has been initiated against him by the 1st respondent - special tahsildar (land reforms); 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 governmentpleader, sri.e.c.bineesh submitted that the afore mentioned suo motu proceedings was initiated against the petitioner recently and therefore, that this writ petition is premature.3. even though i find the afore submissions ofthe learned government pleader to be valid, i am also aware that, as a rule, this court directs the competent authority to dispose of such proceedings within a period of eighteen months. i, therefore, do not see why the petitioner should not be given -3- the said benefit. resultantly, this writ petition is ordered,directing the 1st respondent to complete proceedings in s.m.no.1195 of 2021, after following due procedure and after affording necessary opportunity of being heard to thepetitioner - as also any other interested person - as expeditiously as is possible, but not later than eighteen months from the date of receipt of a certified copy of this judgment. sd/- devan ramachandran judge akv -4- appendix petitioner's/s exhibits: exhibit p1 the true copy of the land tax receipt of the land in survey no.171/15-8 issued by the 2nd respondent 12.04.2021. exhibit p2 the true copy of suo moto report of sm no.1195/2021. respondent's/s exhibits : nil. //true copy// p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943 PETITIONER: ABID, AGED 35 YEARS, S/O SAITHALAVI, MEENTHRATHAKATH HOUSE, PARAVANNA, VETTOM, TIRUR, MALAPPURAM DISTRICT. PIN -676 502. BY ADV P.T.SHEEJISH RESPONDENTS: 1 THE SPECIAL THAHSILDAR (LR), LAND TRIBUNAL - TIRUR, TIRUR PO, MALAPPURAM DISTRICT, KERALA -676 101. 2 THE VILLAGE OFFICER, VETTOM VILLAGE, VETTOM, MALAPPURAM DISTRICT, KERALA, PIN -676 105. BY ADV.SRI.E.C.BINEESH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The petitioner has approached this Court asserting that a suo motu proceedings, bearing S.M.No.1195 of 2021, has been initiated against him by the 1st respondent - Special Tahsildar (Land Reforms); 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 Government

Pleader, Sri.E.C.Bineesh submitted that the afore mentioned suo motu proceedings was initiated against the petitioner recently and therefore, that this writ petition is premature.

3. Even though I find the afore submissions of

the learned Government Pleader to be valid, I am also aware that, as a rule, this Court directs the competent Authority to dispose of such proceedings within a period of eighteen months. I, therefore, do not see why the petitioner should not be given -3- the said benefit. Resultantly, this writ petition is ordered,

directing      the    1st   respondent          to        complete
proceedings     in    S.M.No.1195        of      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 eighteen months from the date of receipt of a certified copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE akv -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE LAND IN SURVEY NO.171/15-8 ISSUED BY THE 2ND RESPONDENT 12.04.2021. EXHIBIT P2 THE TRUE COPY OF SUO MOTO REPORT OF SM NO.1195/2021. RESPONDENT'S/S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE