Jessy vs Chandrashekaran
2021 Latest Caselaw 5886 Ker

             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.1880 OF 2020 IN WP(C). 12189/2020

AGAINST THE JUDGMENT IN WP(C) NO.12189/2020(W) DATED 22.06.2020 OF
                       HIGH COURT OF KERALA


PETITIONER/PETITIONER:

             JESSY
             AGED 53 YEARS, W/O.BABU SIMON, VANDANATHIL HOUSE,
             ARAKKAPPADY VILLAGE, KUNNATHUNADU TALUK,
             WEST VENGOLA P.O., ERNAKULAM-683 556.

             BY ADVS.
             SRI.P.THOMAS GEEVERGHESE
             SRI.TONY THOMAS (INCHIPARAMBIL)
             SRI.E.S.FIROS
             SMT.AMRUTHA K.P.

RESPONDENT/3RD RESPONDENT:

             CHANDRASHEKARAN, AGE ABOUT 54 YEARS,
             S/O NOT KNOWN TO THE PETITIONER,
             REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION,
             MUVATTUPUZHA-686 673.

             BY SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR 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.1880/ 2020                   2


                          ALEXANDER THOMAS, J.
                        -----------------------------------------
                          Con.Case (C).No.1880 of 2020
                     [arising out of judgment dated 22.06.2020
                             in W.P.(C) No.12189/2020]
                     ----------------------------------------------
                    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-1 judgment dated 22.06.2020 in W.P.(C)

No.12189 of 2020 with the following prayers:-

"a) Declare that the respondent is in contempt of court for disobeying judgment dated 22nd June 2020 in WP(C) No.12189/2020 of the Honourable High Court of Kerala;

b) Punish the respondent under Section 12 of the Contempt of Courts Act, for disobeying judgment dated 22 nd June 2020 in WP(C) No.12189/2020 of the Honourable High Court of Kerala."

2. Heard Sri.P.Thomas Geeverghese, the learned

counsel appearing for the petitioner and Sri.K.J. Mohammed

Anzar, the learned Special Government Pleader (Revenue)

appearing for the respondent - Revenue Divisional Officer (3 rd

respondent in the writ petition).

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-

Revenue Divisional Officer, Muvattupuzha, would submit on

the basis of instructions of the respondent Revenue Divisional

Officer that all the directions issued by this Court in Annexure

A-1 judgment has been complied with except regarding the

actual refund of the excess amount collected and that orders

refunding the excess amount has already been passed and

request has also been made to the Treasury, where the amount

was remitted, to refund the said amount and that immediately

after the Treasury takes steps for refund of the amount, the said

amount will be given to the petitioner without further delay.

4. The correctness of the abovesaid factual

submissions made on behalf of the respondent officer regarding

compliance of all the directions except the issue of actual refund

is confirmed by the learned counsel appearing for the

petitioner.

5. The respondent-Revenue Divisional Officer,

concerned will ensure that steps are immediately taken by the

Treasury to ensure that the process of refund is immediately

made by the Treasury and the excess amount should be

immediately refunded to the petitioner, without much delay, at

any rate within a period of 6 weeks from the date of receipt of a

certified copy of this judgment.

6. The Secretary to the office of the Advocate General

will ensure that copies of this judgment are forwarded to the

respondent-Revenue Divisional Officer, who in turn will ensure

that one such copy is also given to the Treasury Officer

concerned for necessary information and immediate

compliance.

With these observations and directions, the above

contempt of court case (civil) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE Skk//24022021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF JUDGMENT IN WPC 12189 OF 2020 DATED 22.06.2020.

ANNEXURE A2 TRUE COPY OF NOTICE DATED 29.07.2020 ISSUED BY THE RESPONDENT.

       RESPONDENT'S EXHIBITS:     NIL