Biju Antony vs S.Suhas
2021 Latest Caselaw 5920 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.552 OF 2020 IN WP(C). 39778/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 39778/2018(V) OF HIGH COURT OF
                              KERALA

PETITIONERS/PETITIONERS:

         1    BIJU ANTONY
              AGED 45 YEARS
              S/O.ANTONY, KAKKERIYIL HOUSE, P.O. KOCHI,
              MUNDAMVELI DESAM , PALLURUTHY VILLAGE, KOCHI TALUK,
              ERNAKULAM DISTRICT.

         2    MARTIN BENNY,
              AGED 42 YEARS
              S/O. XAVIER, KUPPAKKATTU HOUSE, ACHUTHA MENON ENCLAVE
              ROAD, THOPPUMPADY DESOM, P.O. THOPPUMPADY RAMESWARAM
              VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

             BY ADVS.
             SRI.P.G.SURESH
             SMT.ASWATHY KRISHNAN
RESPONDENTS/RESPONDENT NO.2, 4 & 5:

         1    S.SUHAS
              THE DISTRICT COLLECTOR, ERNKULAM DISTRICT,
              COLLECTORATE, KAKKANAD, ERNAKULAM, 682 030.

         2    A.T.MARIA JUDY,
              THE SUB REGISTRAR, KOCHI SUB REGISTRY OFFICE,
              P.O.PALLURUTHY, KOCHI, ERNAKULAM DISTRICT 682 006.

         3    A.J.THOMAS,
              THE TAHSILDAR, KOCHI, ERNAKULAM DISTRICT 682 001.

              R1-R3 BY GOVERNMENT PLEADER

             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:
 Cont. Case (Civil) No.552 of 2020
                                          2




                         ALEXANDER THOMAS, J.
                    ===========================
                    Cont. Case (Civil) No.552 of 2020
                      [arising out of the judgment dated 28.02.2019
                                in W.P(C) No.39778/2018]
                     ===========================
                        Dated this the 18th day of February, 2021

                                    JUDGMENT

The aforecaptioned contempt of court case has been filed alleging

non-compliance of the directions issued by this Court in Annexure-A1

judgment dated 28.02.2019 in W.P(C)No.39778/2018 filed by the

petitioner herein.

2. Heard Sri.P.G.Suresh, learned counsel appearing for the

petitioner and Sri.K.J.Mohammed Anzar, learned Special Government

Pleader (Revenue) appearing for the respondents.

3. Today when the matter has been taken up for

consideration, Sri.K.J.Mohammed Anzar, learned Special Government

Pleader (Revenue) appearing for the respondents would submit that a

memo dated 16.01.2021 has already been filed on behalf of the

respondents through the learned Special Government Pleader

(Revenue), wherein the factum of the compliance of the judgment has

been reported and copy of the notification dated 25.05.2020 issued by Cont. Case (Civil) No.552 of 2020

the RDO, has also been produced.

4. On being queried, submission has made on behalf of

Sri.P.G.Suresh, learned counsel appearing for the petitioner that the

abovesaid factual submissions made on behalf of the respondents

appears to be correct. Recording the abovesaid submission of the

respondent-Officer, the above Contempt Case (Civil) will stand

disposed of.

Sd/-

ALEXANDER THOMAS JUDGE vgd Cont. Case (Civil) No.552 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WRIT PETITION NO. 39778/2018 DATED 28.02.2019.

ANNEXURE THE TRUE COPY OF THE ACKNOWLEDGEMENT CARDS SIGNED BY THE 2ND AND 3RD RESPONDENTS DATED 16.03.2019.

ANNEXURE A3 THE TRUE COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE 2ND RESPONDENT DTD. 01.04.2019.

ANNEXURE A4 THE TRUE COPY OF THE REPLY FORWARDED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 06.04.2019.

ANNEXURE A5 THE TRUE COPY OF THE ORDER DATED PASSED BY THE HONOURABLE COURT IN CONTEMPT PETITION NO. 974/2019 DATED 06.08.2019.

ANNEXURE A6 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 11.06.2019.

ANNEXURE A7 THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 26.07.2019 SUMMONING THE PRESENCE OF THE PETITIONER DETERMINE THE FAIR VALUE OF THE PROPERTY LYING IN SURVEY NO.777/3

ANNEXURE A8 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14.08.2019.

ANNEXURE A9 TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE COURT IN IA. NO. 1/2019 DATED 11.12.2019.