Francis. D' Silva vs Sinto V.P
2021 Latest Caselaw 1272 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

         Con.Case(C).No.1666 OF 2020 IN WP(C). 5309/2020

AGAINST THE JUDGMENT IN WP(C) 5309/2020(K) OF HIGH COURT OF KERALA


PETITIONER/PETITIONER :

             FRANCIS. D' SILVA
             AGED 86 YEARS
             S/O DUROS D'SILVA, CHETTIVALAPPIL HOUSE, KADUKUTTY
             VILLAGE, KADUKUTTY DESOM, KADUKUTTY P.O, THRISSUR
             DISTRICT, PIN-680309, REPRESENTED BY POWER OF
             ATTORNEY HOLDER, RENSON JUDE D'SILVA, AGED 53 YEARS
             CHETTIVALAPPIL HOUSE, KADUKUTTY P O, TRISSUR
             DISTRICT, PIN-680309.

             BY ADVS.
             SRI.C.V.SHAJU
             SRI.P.P.BIJU

RESPONDENT/4TH RESPONDENT:

             SINTO V.P.
             AGED ABOUT 48 YEARS
             S/O NOT KNOWN TO THE PETITIONER, ASSISTANT EXECUTIVE
             ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
             PWD (ROAD DIVISION), SUB DIVISION, IRINJALAKUDA,
             THRISSUR DISTRICT- 680 121.

              BY GOVERNMENT PLEADER


             ADV. SRI.S GOPINATHAN SR GP

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1666 OF 2020 IN WP(C). 5309/2020

                                      2




                                JUDGMENT

Dated this the 13th day of January 2021

This contempt case is arising from the judgment of

this Court dated 25.02.2020. The matter is related

to land conservancy proceedings. The notice under

Rule 13A of the Kerala Land Conservancy Rules, 1958

was quashed with liberty to invoke general

provisions under the Kerala Land Conservancy Act,

1957 to evict the encroachment. This court ordered

to give sufficient opportunity to the writ

petitioner. Accordingly, Annexure III order was

passed on 15.10.2020 finding encroachment.

Thereafter, within four days, encroachment appears

to have been removed. The contempt case was filed

alleging that no sufficient opportunity was given to

the petitioner and the procedures under the Kerala

Land Conservancy Act was not followed.

2. As seen from the Annexures produced

along with the affidavit of the respondent,

opportunity was given to the petitioner. The Con.Case(C).No.1666 OF 2020 IN WP(C). 5309/2020

question is whether the procedure under the Kerala

Land Conservancy Act have been followed or not. It

need not be adverted to at this stage as the

petitioner himself has challenged the proceedings in

WP (C) No. 22508 /2020 before this court.

3. I am of the view that there is no scope for

exercising the power of contempt as the judgment has

been complied with after giving opportunity to the

writ petitioner.

With liberty to challenge the proceedings in

the writ petition noted above, the contempt case is

closed.

Sd/-

A.MUHAMED MUSTAQUE SAS/13/01/2021 JUDGE Con.Case(C).No.1666 OF 2020 IN WP(C). 5309/2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-1 CERTIFIED COPY OF THE JUDGMENT DATED 25.02.2020 IN WPC NO.5309/2020 (K) OF THIS HON'BLE COURT.

ANNEXURE-II TRUE COPY OF THE NOTICE DATED 19.10.2020 ISSUED BY THE PETITIONER BEFORE THE RESPONDENT.

ANNEXURE-III TRUE COPY OF THE ORDER DATED 15.10.2020 ISSUED BY THE RESPONDENT.

ANNEXURE-IV TRUE COPY OF THE PHOTOGRAPHS TAKEN BY THE PETITIONER.

ADDL. ANNEXURE V TRUE COPY OF THE NOTICE DATED 28.09.2020 ISSUED BY THE RESPONDENT.

ADDL. ANNEXURE,VI TRUE COPY OF THE ATTENDANCE CERTIFICATE DATED 05.10.2020 ISSUED BY THE RESPONDENT.

ADDL. ANNEXURE V TRUE COPY OF THE NOTICE DATED 18.12.2019 ISSUED BY THE RESPONDENT.(PRODUCED ALONG WITH REPLY AFFIDAVIT)

ADDL.ANNEXURE,VI TRUE COPY OF THE NOTICE DATED 10.09.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.(PRODUCED ALONG WITH REPLY AFFIDAVIT)

ADDL. ANNEXURE VII TRUE COPY OF THE JUDGMENT DATED 29.09.2020 IN WPC NO.19338/2020 OF THIS HON'BLE COURT.

ADDL. ANNEXURE VIII TRUE COPY OF THE REPLY DATED 05.10.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT.

ADDL. ANNEXURE IX TRUE COPY OF THE INTERIM ORDER DATED 22.10.2020 IN WPC NO.22508/2020 OF THIS HON'BLE COURT.

RESPONDENT'S EXHIBITS:

ANNEXURE R1(A) A TRUE COPY OF THE SKETCH DATED 13.11.2019.

ANNEXURE R1(B) A TRUE COPY OF THE LETTER DATED 13.11.2019. Con.Case(C).No.1666 OF 2020 IN WP(C). 5309/2020

ANNEXURE R1(C) A TRUE COPY OF THE NOTICE DATED 04.01.2020.

ANNEXURE R1(D) A TRUE COPY OF THE LETTER DATED 19.10.2020.

ANNEXURE R1(E) A TRUE COPY OF THE PROCEEDINGS OF THE EVICTION OF ENCROACHMENT DATED 23.10.2020.

//TRUE COPY//

P.A. TO JUDGE