IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
CON.CASE(C) NO. 883 OF 2022
AGAINST THE JUDGMENT IN WP(C) 24706/2021 DATED 3.12.2021
PETITIONER/PETITIONER:
AJITH PRABHAKAR, AGED 54 YEARS
S/O. LATE K. PRABHAKARAN NAIR,
RESIDING AT "SOPANAM", SEN GUPTA ROAD,
OTTAPALAM - PALAKKAD DISTRICT
PIN - 679101
BY ADV SANTHEEP ANKARATH
RESPONDENT/2ND RESPONDENT:
SAKEER HUSSAIN K.P, (FATHER'S NAME AND AGE
NOT KNOWN TO THE PETITIONER)
TAHSILDAR (LAND RECORDS),
OFFICE OF THE TAHSILDAR (LAND RECORDS),
TALUK OFFICE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679101
SMT PARVATHY K-GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
COC 883/22
2
JUDGMENT
Though I do not propose to go into the merits of Annexure A9 order - which is stated to have been issued in compliance with the directions of this Court - I am certain that it does not fully adhere to the tenor of the observations in the judgment.
2. I say so because, this Court had already, in the judgment in question, found that the factum of the property in question having been removed from the Data Bank, can only lead to an inferential presumption that it was converted prior to the year 2008. Annexure A9 order seems to go on an enquiry on this aspect. I am certain that this could not have been done.
3. Presumably being aware of the mind of this Court as afore, Smt.Parvathy K. - learned Government Pleader, submitted that if this Court is not inclined to accept it, Annexure 9 will be withdrawn and a fresh order issued, after hearing the petitioner, without any further delay.
Resultantly, acceding to the request of the learned COC 883/22 3 Government Pleader as afore, I close this Contempt Case, recording that Annexure A9 will be withdrawn; with a consequential direction to the respondent to ensure that the directions in the judgment are complied with, not later than two months from the date of receipt of a copy of this order.
Needless to say, I leave liberty to the petitioner to approach this Court with a fresh Contempt Case, if the afore directions are also not complied with.
After I dictated this part of the order, the learned Government Pleader also prayed that liberty may be reserved to her client to approach this Court with a Review Petition, if so found necessary. This liberty is certainly available.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
COC 883/22
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APPENDIX OF CON.CASE(C) 883/2022 PETITIONER ANNEXURES MEMO OF CHARGES MEMO OF CHARGES ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 3.12.2021 IN WP(C) NO. 24706 OF 2021 OF THIS HON'BLE COURT.
ANNEXURE A2 TRUE COPY OF THE MEMO FILED BY THE GOVERNMENT PLEADER IN WP(C) NO.
27146/2020 ALONG WITH MINUTES OF THE MEETING OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 22.1.2021 ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 1.2.2021 IN WP(C) NO. 27146 OF 2020 PASSED BY THIS HON'BLE COURT.
ANNEXURE A4 TRUE COPY OF THE APPLICATION DATED 20.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT.
ANNEXURE A5 TRUE COPY OF LETTER NO. H2-2021/ 2879/9/400 DATED 25.9.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER.
ANNEXURE A6 TRUE COPY OF THE NOTICE DATED 5.2.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
ANNEXURE A7 TRUE COPY OF THE NOTICE DATED 1.4.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
ANNEXURE A8 TRUE COPY OF THE REPLY DATED 8.4.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
ANNEXURE A9 TRUE COPY OF ORDER NO. H.2.2021/ 2879/9/400 DATED 11.4.2022 ISSUED BY THE RESPONDENT.