Against The Judgment In Wpc ... vs By Advs
2021 Latest Caselaw 6136 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

        Con.Case(C).No.154 OF 2018(S) IN WP(C). 6371/2017

  AGAINST THE JUDGMENT IN WPC 6371/2017 DATED 17-03-2017 OF HIGH
                         COURT OF KERALA


PETITIONER/PETITIONER

             MARY XAVIER
             W/O.LATE XAVIER, PAINADATH VEETIL,
             PADUVAPURAM P.O., EDAKKUNNU, KARUKKUTTY VILLAGE,
             ALUVA TALUK.

             BY ADVS.
             SRI.T.P.SAJAN
             SRI.M.MOHAMED NAVAZ

RESPONDENT/1ST RESPONDENT

             SANDHYA DEVI
             D/O.(FATHERS NAME AND AGE NOT KNOWN TO THE
             PETITIONER) PRESENTLY WORKING AS THASILDAR, TALUK
             OFFICE ALUVA, PIN-683 101, ERNAKULAM DISTRICT.


             SRI.SURIN GEORGE IPE,GOVERNMENT PLEADER

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                               2

Con.Case(C).No.154 OF 2018(S) IN WP(C). 6371/2017




                                    JUDGMENT

Dated this the 19th day of February 2021

This contempt petition is filed complaining

that the directives contained in the judgment dated

17.03.2017 in W.P.(C) No.6371/2017 are not complied

with.

2. A detailed affidavit is placed before this

Court and along with the same, an order dated

28.02.2018 of the Tahsildar Aluva (LR) is produced,

from where I am satisfied that in compliance with

the direction issued by this Court orders are

passed, however, apparently it seems to be against

the petitioner. Therefore, learned counsel for the

petitioner also submitted that, the contempt

petition may be closed leaving open the liberty of

the petitioner to challenge the order passed by the

Tahsildar. Therefore, I do not find any reason to

pursue the contempt case any further, though the

orders are passed belatedly, leaving open the

Con.Case(C).No.154 OF 2018(S) IN WP(C). 6371/2017

liberty of the petitioner to pursue further

remedies, if adviced and aggrieved.

Sd/-

SHAJI P.CHALY JUDGE Hmh

Con.Case(C).No.154 OF 2018(S) IN WP(C). 6371/2017

APPENDIX PETITIONER'S EXHIBITS

ANNEXURE AI CERTIFIED COPY OF THE JUDGMENT DATED 17.03.2017 IN WPC

ANNEXURE AII TRUE COPY OF THE APPLICATION DATED 10.04.2017

ANNEXURE AIII TRUE COPY OF THE SAID LETTER VIDE REF L3-14362/17 DATED 13.06.2017

ANNEXURE AIV TRUE COPY OF THE REMINDER DATED 25.07.2017

ANNEXURE AV TRUE COPY OF THE REMINDER DATED 02.09.2017

ANNEXURE AVI TRUE COPY OF THE LETTER DATED 02.02.2018 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, CHALAKKUDY

ANNEXURE AVII A TRUE COPY OF THE PHOTOGRAPHS OF THE SAID COLLAPSED HOSE

ANNEXURE AVII B TRUE COP YOF THE PHOTOGRAPHS OF THE SAID COLLAPSED HOSE

ANNEXURE AVIII TRUE COPY OF THE NOTICE DATED 25.02.2018 ISSUED BY THAHSILDAR (LR) TO THE PETITIONER

ANNEXURE AIX TRUE COPY OF THE ORDER OF THE LAND REVENEUE COMMISSIONER VIDE REF LRJ3- 49218/2011 DATED 03.09.2013

ANNEXURE AX TRUE COPY OF THE FIELD REGISTER SHOWING EXTENT OF PROPERTY ACQUIRED FOR IRRIGATION CANAL PETITION TO CONDONE DELAY IN FILING REPLY AFFIDAVIT

RESPONDENT'S EXHIBITS ANNEXURE R1(A) TRUE COPY OF THE APPLICATION DATED

Con.Case(C).No.154 OF 2018(S) IN WP(C). 6371/2017

10.04.2017

ANNEUXRE R1(B) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSED TO THE RESPONDENT DATED 06.02.2018

ANNEXURE R1(C) TRUE COPY OF THE STATEMENT OF THE ASSISTANT ENGINEER, IRRIGATION SECTION KORATTY DATED 06.02.2018

ANNEXURE R1(D) TRUE COPY OF THE ORDER NO.D5/3454/11 DATED 28.02.2018