Pradeepkumar vs B. Rajeshkumar

Type Court Judgment Court Kerala Decided Jun 01, 2023

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https://sooperkanoon.com/case/1349261

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Citation: sooperkanoon.com/1349261
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jun 01, 2023
Case Number: Con.Case(C)/735/2023

Parties & Advocates

Appellant / Petitioner

Pradeepkumar

Respondent

B. Rajeshkumar

Excerpt

.....devassy - gp this contempt of court case (civil) having come up for admission on 01.06.2023, the court on the same day delivered the following: :2:devan ramachandran, j.========================= ========================== dated this the 1st day of june, 2023judgmentwhen this matter was called today, the learned government pleader submitted that an order, as directed by this court, had been issued by the 2nd respondent; and pleaded that this contempt case be closed.2. however, sri.c.r.jayakumar - learned counsel for the petitioner, submitted that the order now issued by the 2 nd respondent is “mischievous” because, it substantially reduces the extent of land claimed.3. even when there may be some force in the afore submissionsof sri.c.r.jayakumar, the fact remains that the petitioner must invoke his remedies appropriately, since this court cannot enter into the merits of the same, while acting under the contempt jurisdiction. in the afore circumstances, this contempt of court case is closed; however, leaving full liberty to the petitioner to challenge the new order in any manner he may deem apposite, for which purpose, all contentions are left open. sd/- devan ramachandran judge anm :3: appendix of con.case(c) 735/2023 petitioner annexures annexure a1 certified copy of the judgment in wp(c) no. 16317 of 2022 dated 19/05/2022. annexure a2 true copy of the report no. b4-sd- 2nd respondent. annexure a3 true copy of the covering letter no. b4- 3rd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 CON.CASE(C) NO. 735 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 16317/2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN WP: PRADEEPKUMAR AGED 50 YEARS, S/O.GANGADHARAN PILLAI, PRASSANNA VILASAM, PUTHOOR, KARIMPINPUZHA PO, KOTTARAKKARA, KOLLAM, PIN - 691507 BY ADV C.R.JAYAKUMAR RESPONDENTS/RESPONDENT NO.3 & 4 IN WP: 1 B. RAJESHKUMAR THE TALUK SURVEYOR, TALUK SURVEY OFFICE, 2 G.VIJAYAKUMAR THE TAHSILDAR (ADM), TALUK OFFICE, SRI.RIYAL DEVASSY - GP THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
DEVAN RAMACHANDRAN, J.
========================= ========================== Dated this the 1st day of June, 2023

JUDGMENT

When this matter was called today, the learned Government Pleader submitted that an order, as directed by this Court, had been issued by the 2nd respondent; and pleaded that this contempt case be closed.

2. However, Sri.C.R.Jayakumar - learned counsel for the petitioner, submitted that the order now issued by the 2 nd respondent is “mischievous” because, it substantially reduces the extent of land claimed.

3. Even when there may be some force in the afore submissions

of Sri.C.R.Jayakumar, the fact remains that the petitioner must invoke his remedies appropriately, since this Court cannot enter into the merits of the same, while acting under the contempt jurisdiction. In the afore circumstances, this Contempt of Court Case is closed; however, leaving full liberty to the petitioner to challenge the new order in any manner he may deem apposite, for which purpose, all contentions are left open. Sd/- DEVAN RAMACHANDRAN JUDGE anm :3: APPENDIX OF CON.CASE(C) 735/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO. 16317 OF 2022 DATED 19/05/2022. Annexure A2 TRUE COPY OF THE REPORT NO. B4-SD- 2ND RESPONDENT. Annexure A3 TRUE COPY OF THE COVERING LETTER NO. B4- 3RD RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties Pradeepkumar vs B. Rajeshkumar Same Judge Honourable Mr. Justice Devan Ramachandran