The Muslim Education Society ... vs Unknown
2021 Latest Caselaw 4837 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

          Con.Case(C).No.681 OF 2019 IN WP(C). 35609/2016

   AGAINST THE JUDGMENT IN WP(C) 35609/2016(A) OF HIGH COURT OF
                              KERALA


PETITIONERS/PETITIONERS:

      1      THE MUSLIM EDUCATION SOCIETY (REGD)
             CALICUT, I.M.A HALL ROAD, NADAKKAVU P.O,
             CALICUT, 673 011, REPRESENTED BY ITS GENERAL
             SECRETARY, PROF. P.O.J. LEBBA.

      2      THE MUSLIM EDUCATION SOCIETY
             TRIVANDRUM DISTRICT, M.E.S. CENTRE, T.C. 28/1066,
             ADHYAPAKABHAVAN LANE, SECRETARIAT EAST,
             TRIVANDRUM-695 001, REPRESNTED BY ITS PRESIDENT, K.A.
             HASHIM.

      3      M.E.S MOULANA AZAD SCHOOL,
             CHANNANKARA, KANNIYAPURAM, TRIVANDRUM DISTRICT,
             REPRESENTED BY ITS PRESENT SECRETARY,
             M.K. KAMARUDEEN

             BY ADVS.
             SRI.LIJU.V.STEPHEN
             SMT.INDU SUSAN JACOB
             KUM.PRIYANKA JOSE

RESPONDENT/4TH RESPONDENT

             MARY SUJA
             (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
             VILLAGE OFFICER, KADINAMKULAM VILLAGE,
             THIRUVANANTHAPURAM DISTRICT-695 303

             R1 BY GOVERNMENT PLEADER,SRI.SURIN GEORGE IPE


THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         2

Con.Case(C).No.681 OF 2019 IN WP(C). 35609/2016


                                    JUDGMENT

Dated this the 10th day of February 2021

This contempt petition is filed complaining

that directives contained in the judgment in

W.P.(C)No.35609/2016 dated 22.03.2018 is not

complied with. The directions issued by this Court

in the writ petition are as follows:-

. "3. Apparently the issue relates to non-acceptance of tax for an extent of 36.8 Ares of land, which according to the petitioners, is held by the 1 st petitioner through out and the same is not included in the excess land in accordance with the provisions of the Kerala Land Reforms Act. It is also the contention of the petitioners that, the land tax was being accepted from the 1 st petitioner ever since its purchase till 2010, on which year, the 4 th respondent unilaterally reduced the extent of 36.8 Ares of land. In my considered opinion, if the petitioners are entitled to get the benefit of Exts.P5 and P6, the subject matter is to be considered by the 4th respondent in accordance with law.

4. Therefore, there will be a direction to the petitioners to submit a representation before the 4th respondent within three weeks from the date of receipt of a copy of this judgment and the same shall be considered in accordance with law, taking into account Exts.P5 and P6 orders passed by the State Government as well as District Collector respectively and also taking into account other aspects in accordance with the provisions of the Kerala Land Reforms Act. Ultimately if it is found that, there are no inhibitions or any other fetters standing in the way of accepting tax from the petitioners, the same shall be accepted from the petitioners without any further delay. I make it clear that, if any proceedings pending against the petitioners under the provisions of the Kerala Land Reforms Act or any other law, the consideration of the issue and acceptance of the land tax thereafter will be subject to the result of the pending proceedings, if any."

2. The respondent has filed an affidavit

before this Court and along with the same an order

Con.Case(C).No.681 OF 2019 IN WP(C). 35609/2016

dated 24.01.2019 passed by the Village Officer,

Kadinamkulam is produced on the representation

submitted by the petitioners and as directed by

this Court.

3. Learned counsel for the petitioners

submitted that, the decision taken by the Village

Officer cannot be sustained, in view of the

proceedings before the landboard and other

consequential actions, and it was further submitted

that, the petitioners need not submit an

application under Section 7E of the Kerala Land

Reforms Act,1969 for the reason that the property

in question was never an excess land in the

proceedings against the original landlord.

4. Learned Government Pleader on the other

hand submitted that, since the direction issued by

this Court in the judgment in question is complied

with by the Statutory Authority, the rest of the

aspects are to be considered by a different forum,

since the veracity of the order itself is

Con.Case(C).No.681 OF 2019 IN WP(C). 35609/2016

challenged by the learned counsel for the

petitioner.

       Having       heard        learned           counsel         for    the

petitioners         Sri.Liju.V.Stephen               and     the     learned

Senior Government Pleader Sri.Surin George Ipe, I

am of the considered opinion that, the Statutory

Authority has complied with the directions

contained in the judgment in question, the rest of

the aspects specified in the order is a subject

matter for consideration by a competent authority

or a court of law. I do not think the petitioners

have made out any case for contempt, since the

direction is complied with the authority, though

belatedly. In that view of the matter, I do not

propose to proceed with the contempt case any

further. It is closed accordingly, leaving open the

liberty of the petitioners to challenge the order,

if adviced and aggrieved.

Sd/-

SHAJI P.CHALY hmh JUDGE

Con.Case(C).No.681 OF 2019 IN WP(C). 35609/2016

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 A TRUE COPY OF THE JUDGMENT DATED 22/03/2018 IN W.P.(C) NO. 35609/2016

ANNEXURE A2 A TRUE COPY OF THE COMMUNICATION DATED 26.04.2018 OF THE RESPONDENT.

ANNEXURE A3 A TRUE COPY OF THE COMMUNICATION DATED 29/05/2018 MADE BY TAHSILDAR (LAND RECORD).

ANNEXURE A4 A TRUE COPY OF THE COMMUNICATION DATED 31.07.2018 RECEIVED UNDER RIGHT TO INFORMATION ACT.

ANNEXURE A5 A TRUE COPY OF THE COMMUNICATION DATED 20.08.2018 MADE BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM

ANNEXURE A6 A TRUE COPY OF THE APPLICATION DATED 27/08/2018 MADE TO THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM.

ANNEXURE A7 A TRUE COPY OF REPLY DATED 12.09.2018, RECEIVED FROM THE SECRETARY, LAND BOARD, THIRUVANANTHPURAM.

RESPONDENT'S/S EXHIBITS           NIL