Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946 CON.CASE(C) NO. 1444 OF 2017 PETITIONER: SOBHANAKUMARY AGED 61 YEARRS,S/O.HARICHANDRAN,SREERAGAM, B86AKILIKOLLUR, KOLLAM-691 004 SRI.BASANT BALAJI G.S.REGHUNATH RESPONDENTS: 1 S. PRADEEPKUMAR TALUK LAND SURVEYOR,KOTTARAKKARA, KOLLAM- 691 004 2 DIVAKARAN NAIR TAHSILDAR, TALUK OFFICE, KOTTARAKKARA, KOLLAM- 691 004 GOVERNMENT PLEADER K.S. BHARATHAN Advocate commissioner ADVOCATE GENERAL OFFICE KERALA SRI.K.S. BHARATHAN (AMICUS CURIAE) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CON.CASE(C) NO.1444/2017 2
JUDGMENT
The learned Commissioner - Sri.K.S.Bharathan has already filed his report and this has been recorded by this Court in the order dated 10.08.2023 to the following effect: “Sri.K.S.Bharathan - learned Advocate Commissioner had filed the final report dated 07.08.2023.
2. I, therefore, discharge him from further responsibilities and direct
the petitioner to pay him a further amount of Rs.50,000/- towards additional expenses and charges. This shall be done by the petitioner within a period of one month from today.
3. I record appreciation for the effort of Sri.K.S.Bharathan. List after a month for the petitioner to respond to the Final Report.”
2. Even though the petitioner has been seeking time to file objections against the report, no such has been placed on record.
3. I, therefore, asked the learned counsel for the petitioner today as
to whether he intends to file objections/counter pleadings, to which also his answer was vague. Obviously, nothing remains in this contempt case, because the report of the learned Commissioner shows that the actions, as requested by the petitioner, have been completed. In the afore circumstances, this contempt case is closed; however, without prejudice to any other remedy that the petitioner may have in law. Sd/-DEVAN RAMACHANDRAN JUDGE MC/29.5 CON.CASE(C) NO.1444/2017 3 APPENDIX OF CON.CASE(C) 1444/2017 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF JUDGMENT DATED 15.03.17 OF THIS HONOURABLE COURT IN W.P.(C) N0:16634 OF 2015
Annexure A2 TRUE COPY OF THE LETTER DTD 10/04/2017 Annexure A3 TRUE COPY OF THE LETTER DTD 12/O4/2017 SENT Annexure A4 TRUE COPY OF THE LETTER DTD 23/03/2017 SENT Annexure A5 TRUE COPY OF THE REQUEST DTD 17/05/2017 Annexure A6 TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT ALONG WITH THE SURVEY SKETCH Annexure A7 TRUE COPY OF THE APPLICATION DTD 24/04/2017 Annexure A8 TRUE COPY OF THE REPLY SENT BY THE INFORMATION OFFICER DTD 16/05/2017 Annexure A9 TRUE COPY OF THE APPLICATION DTD 19/05/2017 Annexure A10 TRUE COPY OF THE REPLY SENT TO THE HUSBAND OF THE PETITIONER DTD 16/06/2017 Annexure A11 TRUE COPY OF THE APPLICATION DTD 12/06/2017 SUBMITTED BY THE HUSBAND OF THE PETITIONER
Annexure A12 TRUE COPY OF THE LETTER DTD 11/07/2017
Annexure A13 TRUE COPY OF THE LETTER DTD 2012/2017
RECEIVED BY THE PETITIONER FROM THESECRETARY VELIYAM GRAMA PANCHAYATH RESPONDENTS EXHIBITS ANNEXURE R2(A) TRUE COPY OF THE NOTICE DATED 20.11.2017 WHICH THE PETITIONER RECEIVED ON24.11.2017 ANNEXURE R2(B) TRUE COPY OF THE SKETCH ANNEXURE R2(C) TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER IS FORM NO.13 OF RULE 51 OF THE KERALA SURVEY AND BOUNDARIES RULES, 1964. Annexure R1(a) A TRUE COPY OF THE MASS PETITION DATED Annexure R1(a) THE SHO POOYAPPALLY SUBMITTED A SPOT SITUATION REPORT TO THE TAHASILDAR (LR), KOTTARAKKARA Annexure R1(b) A TRUE COPY OF THE STATEMENT DATED WHO WERE PRESENT ON 11/04/2017 COMMISSION REPORT Annexure C1 TRUE COPY OF THE LETTER DATED 10/07/2018 ISSUED BY THE 1ST RESPONDENT. Annexure C2 THE CERTIFIED COPY OF THE ORDER DATED CON.CASE(C) NO.1444/2017 4 NO.223 OF 2018 ON THE FILES OF THE MUNSIFF'S COURT, KOTTARAKKARA Annexure C3 TRUE COPY OF THE PLAINT IN OS NO.223 OF
2018 DATED 21/05/2018 ON THE FILES OF THE MUNSIFF'S COURT, KOTTARAKKARA ALONG WITH THE COPIES OF NOTICES DATED 31/05/2018 AND SECRETARY
Annexure C4 TRUE COPY OF THE DECISION DATED 04/01/2018 BEARING NO.1(5) OF VELIYAM GRAMA PANCHAYATH GIVEN BY THE PANCHAYATH SECRETARY Annexure C5 TRUE COPY OF THE REPORT GIVEN BY THE 1ST RESPONDENT ALONG WITH THE SKETCH INDICATING THE POINTS FIXED BY HIM AND THE FIELD SKETCHES Annexure C6 TRUE COPY OF THE REPORT GIVEN TO ME BY THE TOTAL STATION SURVEYOR DATED 21ST JULY, Annexure C7 True copy of the report of the Taluk Surveyor along with the sketch, after fixing the junction stones. Annexure C8 True copy of work memo submitted by the petitioners dated nil as well as a note Annecure C9 True copy of note with sketch submitted by the petitioners dated nil Annecure C10 True copy of the report of the Taluk
Surveyor along with the sketch recording the site measurements of the lines AH,HG,GF,FD,DA,AF and AG
Annexure C11 True copy of the petitioner has submitted remarks in relation to the inspection conducted on 25/11/2022 Exhibit C12 True copy of the sketch prepared by the Taluk Surveyor Kottarakkara upon the instructions of District Surveyor Kollam Exhibit C13 True copy of the photographs taken by the Advocate Commissioner. Exhibit C14 Pen drive containing the videos and photos taken in connection with the inspection.