Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941 Con.Case(C).No.865 OF 2019 IN WP(C). 30059/2016 AGAINST THE JUDGMENT IN WP(C) 30059/2016(F) OF HIGH COURT OF KERALA PETITIONER: S.RAJAN AGED 63 YEARS S/O. LATE SIVANANDAN, YESODHALAYAM, T.C. 50/185-1, KARAMANA P.O, KALADY SOUTH, THIRUVANANTHAPURAM-695 002 BY ADVS. SRI.A.M.NASEER SMT.J.P.SANDHYA RESPONDENT: MANOJ AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, KULANADA GRAMA PANCHAYATH, KULANADA P.O, PATHANAMTHITTA -689 503, REPRESENTED BY ITS SECRETARY, KULANADA P.O, PATHANAMTHITTA -689 503
R1 BY ADVS. SRI.V.SETHUNATH SRI.V.R.MANORANJAN (MUVATTUPUZHA) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2019, THE COURT ON 31-10-2019 DELIVERED THE FOLLOWING: Con.Case(C).No.865 OF 2019 2
JUDGMENT
This contempt case is filed by the petitioner complaining that the directives contained in the
judgment dated 21.11.2018 is not complied with,
wherein, a direction was issued to the respondent to finalise the issue raised in the writ petition after issuing communication within three weeks from the date of receipt of a copy of the judgment.
2. Today when the matter is taken up, learned
counsel appearing for respondent submitted that already a decision is taken on 24.10.2019. However, learned counsel for petitioner submitted that, petitioner is not served with the copy. I direct the counsel appearing for the respondent to hand over a copy of the order dated 24.10.2019 to the petitioner. Therefore, I do not think, anything survives to be considered further in this contempt proceedings though the order is passed belatedly. Therefore, the contempt case is closed, leaving open the liberty of Con.Case(C).No.865 OF 2019 3 the petitioner to pursue further remedies on account of the orders passed by the Secretary of the Grama Panchayat. I also direct the Secretary of the Grama Panchayat to serve a copy of the order on the petitioner by registered post with A.D. within a week, if not already sent accordingly. Sd/- SHAJI P.CHALY Smv JUDGE 31.10.2019 Con.Case(C).No.865 OF 2019 4 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE JUDGMENT DATED 21.11.2018 IN W.P.(C) NO. 30059/2016. ANNEXURE 2 TRUE COPY OF THE REPORT AND SKETCH DATED 05.12.2018 ISSUED BY THE PUBLIC INFORMATION OFFICER, OFFICE OF THE TAHSILDAR (LAND RECORDS). ANNEXURE 3 TRUE COPY OF THE E-FILED APPLICATION NO. 03503940119000911381 DATED 04.02.2019. ANNEXURE 4 TRUE COPY OF THE REPRESENTATION DATED 12.02.2019 SENT TO THE RESPONDENT. ANNEXURE 5 TRUE COPY OF THE POSTAL RECEIPT DATED 13.02.2019 SENT TO THE RESPONDENT. ANNEXURE 6 TRUE COPY OF THE DECREE IN OS NO.27/2007 DATED 27/08/2009 OF THE HON'BLE MUNSIFF COURT, PATHANAMTHITTA. ANNEXURE 7 TRUE COPY OF THE LETTER NO.C5-8246/16 DATED KOZHENCHERRY TO THE RESPONDENT. ANNEXURE 8 TRUE COPY OF THE CERTIFICATE DATED KULANADA. ANNEXURE 9 TRUE COPY OF THE LOCATION SKETCH NO.1931/04 ISSUED BY THE VILLAGE OFFICER, KULANADA. RESPONDENT'S EXHIBITS ANNEXURE R1 A THE TRUE COPY OF THE RELEVANT EXTRACT OF THE KUTHAKAPATTOM REGISTER. ANNEXURE R1 B THE TRUE COPY OF THE LETTER WRITTEN BY K. NARAYANA PILLAI BEFORE THE PANCHAYATH DIRECTOR DATED 19/01/2007. ANNEXURE R1 C TRUE COPY OF THE LETTER DATED 08/02/2007 ADDRESSED TO THE KULANADA GRAMA PANCHAYATH. ANNEXURE R1 D THE TRUE COPY OF THE WRITTEN DIRECTION BY THE MINISTER FOR LOCAL SELF GOVT. INSTITUTIONS TO THE KULANADA GRAMA PANCHAYATH DATED 11/03/2010. Con.Case(C).No.865 OF 2019 5 ANNEXURE R1 E THE TRUE COPY OF THE MEMO SUBMITTED BEFORE THE PANCHAYATH COMMITTEE FOR THE ERECTION OF BOUNDARY FENCE ON THE 5 CENTS OF LAND. ANNEXURE R1 F THE TRUE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE DATED 26/09/2016. ANNEXURE R1 G TRUE COPY OF THE LETTER WRITTEN BY THE SECRETARY TO THE DISTRICT COLLECTOR, PATHANAMTHITTA DATED 28/10/2016. ANNEXURE R1 H TRUE COPY OF THE LETTER WRITTEN TO THE TAHSILDAR (L.R.). ANNEXURE R1 I TRUE COPY OF THE LETTER TO THE TAHSILDAR (L.R.)ON 11/01/2019. ANNEXURE R1 J THE TRUE COPY OF THE LETTER WRITTEN BY THE VILLAGE OFFICER, KULANADA TO THE PANCHAYATH. ANNEXURE R1 K THE TRUE COPY OF THE RELEVANT EXTRACT OF THE SETTLEMENT REGISTER IN PANDALAM VADAKKEKARA.