Francis vs Silva
2021 Latest Caselaw 16728 Ker

Con.Case(C) No.557/2020                       1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                          THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
               Wednesday, the 11th day of August 2021 / 20th Sravana, 1943
                 CONTEMPT CASE(C) NO. 557 OF 2020(S) IN WP(C) 13781/2018

   PETITIONERS/PETITIONERS IN WPC
   1.      FRANCIS, AGED 31 YEARS, S/O.ERANIMOS,
           AARKKUVEEDU, NEAR KOCHUPALLI, ANCHUTHENGU P.O.,
           ANCHUTHENGU VILLAGE, CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM.
   2.      DALINI, AGED 21 YEARS, W/O.FRANCISRANIMOS,
           AARKKUVEEDU, NEAR KOCHUPALLI, ANCHUTHENGU P.O.,
           ANCHUTHENGU VILLAGE, CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM.

           BY ADVOCATE SRI.K.V. ANIL KUMAR.


   RESPONDENTS/RESPONDENTS 1, 2 & 8 IN WPC
   1.      SILVA, S/O.GILBERT, AARKKUVEEDU,
           NEAR KOCHUPALLI, ANCHUTHENGU P.O., ANCHUTHENGU VILLAGE,
           CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN-695 309.
   2.      BABY, W/O.SILVA, AGED 68 YEARS,
           AARKKUVEEDU, NEAR KOCHUPALLI, ANCHUTHENGU P.O.,
           ANCHUTHENGU VILLAGE, CHIRAYINKEEZHU TALUK,
           THIRUVANANTHAPURAM DISTRICT, PIN-695 309.
   3.      SRI.PATEL PRANJAL LAHENSINGH,
           PRESENTLY WORKING AS REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
           THIRUVANANTHAPURAM DISTRICT, PIN-695 043.

           GOVERNMENT PLEADER FOR R3.




        This Contempt of court case (civil) having come up for orders on
   11.08.2021, the court on the same day passed the following:

                                                              P.T.O.
 Con.Case(C) No.557/2020                            2/2



                                ALEXANDER THOMAS, J.
                                =====================
                                    Cont.Case (C) No.557 of 2020
            [arising out the judgment dated 13.09.2018 and order dated 30.05.2019
                                  in WP(C) No.13781 of 2018]
                               =====================
                            Dated this the 11th day of August, 2021

                                               ORDER

There cannot be any doubt that Rule 13(3) clearly mandates that

land earlier classified as paddy land/nilam after getting permission of

change of user of land will have to be classified as purayidom and the

Rules do not contemplate a category called 'സസ്വഭഭാവ വവ്യതതിയഭാനന

വരരുതതിയ പരുരയതിടന'. Hence, the stipulation in any Government Order

or Government Circular to the contrary that such land should be

classified as 'സസ്വഭഭാവ വവ്യതതിയഭാനന വരരുതതിയ പരുരയതിടന', is illegal and ultra

vires.

It is submitted by the learned Senior Government on the basis of

the averments in his memo dated 13.07.2021 that stay of eviction

granted by the apex court in SLP No.5546 of 2020 is even now

continuing. Hence, the petitioner may move this Contempt Case after

the apex court has either vacated the stay order or has disposed of the

SLP.

Hand over.

Sd/-

ALEXANDER THOMAS JUDGE SCS

11-08-2021 /True Copy/ Assistant Registrar