Kerala High Court
Kaniyamma vs V.P.Sunil K Paul on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
Con.Case(C).No.408 OF 2020 IN WP(C)NO.5383/2019
AGAINST THE JUDGMENT IN WP(C) NO.5383/2019(W) DATED 26.02.2019 OF
HIGH COURT OF KERALA
PETITIONERS/PETITIONERS:
1 KANIYAMMA
AGED 66 YEARS, W/O LATE GEORGE,
IMMANUEL COTTAGE, 60 ACRE COLONY,
CHINNAKANAL P.O.,UDUMBANCHOLA TALUK,
IDUKKI DISTRICT.
2 MARGARET,
AGED 43 YEARS, W/O JAPAMANI,
CHELLAMMA COTTAGE, CHINNAKANAL P.O.,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT.
BY ADV. SRI.K.REGHU KOTTAPPURAM
RESPONDENTS/1ST RESPONDENT/2ND RESPONDENT:
1 V.P.SUNIL K PAUL
WHOSE AGE AND FATHER'S NAME ARE NOT KNOWN TO THE
PETITIONER, VILLAGE OFFICER, CHINNAKANAL VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685 554.
2 K.J.JOSEPH,
S/O SEBASTIAN, WHOSE AGE IS NOT KNOWN TO THE
PETITIONER, TAHASILDAR, UDUMBANCHOLA TALUK,
NEDUMKANDAM P.O., IDUKKI DISTRICT-685556.
R1-2 BY GOVERNMENT PLEADER
OTHER PRESENT:
SRI.K.J.MOHAMMED ANZAR, SPL.GP(REVENUE)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case(C).No.408 OF 2020 2
ALEXANDER THOMAS, J.
-----------------------------------------
Con.Case (C).No.408 of 2020
[arising out of judgment dated 26.02.2019
in W.P.(C) No.5383/2019]
----------------------------------------------
Dated this the 18th day of February, 2021
JUDGMENT
The above contempt of court case (civil) has been filed
alleging non-compliance of the directions issued by this Court
as per Annexure A-16 judgment dated 26.02.2019 in W.P.(C)
No.5383 of 2019 with the following prayer:-
"..........to punish the respondents according to Contempt of Court Act
for Contempt of this Hon'ble Court."
2. Heard Sri.K.Reghu Kottappuram, the learned
counsel appearing for the petitioners and Sri.K.J. Mohammed
Anzar, the learned Special Government Pleader (Revenue)
appearing for the respondents.
3. Today, when the matter is taken up for
consideration, Sri.K.J. Mohammed Anzar, the learned Special
Government Pleader (Revenue) appearing for the respondent-
Tahsildar, Udumbanchola, would submit on the basis of
instructions of his party that he has complied with the
directions issued by this Court in Annexure A-16 judgment by
the issuance of Annexure R2(a) order dated 29.02.2020, issued
by the Tahsildar, Udumbanchola, and a copy of which has been
produced along with the affidavit dated 04.03.2020, filed by the
2nd respondent and that the request of the petitioners for grant
of 'patta' could be considered on the petitioners submitting a
fresh application in the matter, etc.
4. It is made clear that in case the petitioners have any
legally justiciable grievances in the matter, they will be at liberty
to workout their remedies in the manner known to law.
Accordingly recording the abovesaid submissions of the
respondent officer and with the said liberty to the petitioners,
the above contempt of court case (civil) will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
Skk//24022021
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 A PHOTOCOPY OF THE PATTA VIDE L.A NO
120/93(C) DATED 20.7.1994 ASSIGNING
0.1530 HECTARES OF LAND COMPRISING
IN SURVEY NO 33/10,13 IN BLOCK NO VI
OF CHINNAKANNAL VILLAGE IN
UDUMBANCHOLA TALUK.
ANNEXURE A2 THE PHOTOCOPIES OF LAND TAX RECEIPTS
FOR THE YEAR 2002-2003 AND 2004-2005
ANNEXURE A3 THE PHOTOCOPY OF THE PATTA VIDE LA
NO 121/93/C DATED 20.7.1994
ASSIGNING 0.0320 HECTARES OF LAND
COMPRISING IN SURVEY NO 33/12 IN
BLOCK NO VI OF CHINNAKANAL VILLAGE
IN UDUMBANCHOLA TALUK.
ANNEXURE A4 THE PHOTOCOPY OF THE LAND TAX
RECEIPT DATED 14.5.2004
ANNEXURE A5 THE PHOTOCOPY OF THE BUILDING TAX
RECEIPTS ISSUED TO GEORGE IN RESPECT
OF YEARS 1993-1994, 1994-1995, 1996-
1997, 1997-1998, 1998-1999, 2000-
2001 AND 2005-2006.
ANNEXURE A6 THE PHOTOCOPY OF THE DEATH
CERTIFICATE ISSUED BY REGISTRAR OF
BIRTH AND DEATH DATED 15.1.2005
ANNEXURE A7 A PHOTOCOPY OF BUILDING TAX RECEIPT
IN RESPECT OF EAR 2009-2010
ANNEXURE A8 A PHOTOCOPY OF SUCCESSION
CERTIFICATE SHOWING THE LEGAL HEIRS
OF DECEASED GEORGE DATED 1.11.2017
ANNEXURE A9 THE PHOTOCOPY OF THE BUILDING TAX
ISSUED TO 2ND PETITIONER BY
CHINNAKANAL PANCHAYATH DATED
3.1.2013
ANNEXURE A10 A PHOTOCOPY OF THE BUILDING TAX
RECEIPT NO 5561662 REMITTED UP TO
2019-2020 BY 2ND PETITIONER
ANNEXURE A11 THE PHOTOCOPY OF THE LAND TAX FROM
PERIOD UP TO 2005-2006, 2006-2007 AS
EVIDENCED BY RECEIPTS DATED
11.9.2006
ANNEXURE A12 THE PHOTOCOPY OF THE ENCUMBRANCE
CERTIFICATE DATED 19.12.2018
ANNEXURE A13 THE PHOTOCOPY OF THE ELECTRICITY
BILL DATED 24.1.2020
ANNEXURE A14 THE PHOTOCOPY OF THE AADHAR CARD
NUMBERED AS 572519935043
ANNEXURE A15 THE PHOTOCOPY OF THE RATION CARD
ISSUED BY TALUK SUPPLY OFFICE.
ANNEXURE A16 A CERTIFIED COPY OF THE JUDGMENT
DATED 26. 2.219 IN WPC NO 5383/2019
ANNEXURE A17 THE PHOTOCOPY OF THE LETTER BY THE
VILLAGE OFFICER TO THE SUB COLLECTOR
DEVIKULAM THROUGH THE TAHASILDAR
UDUMBANCHOLA ALONG WITH A REPORT
DATED 10.12.2019
ANNEXURE A18 THE PHOTOCOPY OF THE APPLICATION
DATED 14.6.2019
RESPONDENTS' EXHIBITS:
ANNEXURE R2 (a) TRUE COPY OF THE ORDER NO.K2-
3085/2019 DATED 29.02.2020.
