Salim A.M. vs Suhas
2021 Latest Caselaw 2994 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

          Con.Case(C).No.96 OF 2020 IN WP(C). 25457/2019

   AGAINST THE JUDGMENT IN WP(C) 25457/2019(F) OF HIGH COURT OF
                              KERALA


PETITIONER:

              SALIM A.M., AGED 48 YEARS
              S/O.MUHAMMED PILLAI, ELAVAMKUDI HOUSE, MUKKUTTINADA,
              PONJASSERI.P.O, PERUMBAVOOR

              SRI.M.A.ABDUL HAKHIM
              SRI.JOSEPH GEORGE (KANNAMPUZHA)

RESPONDENT:

              SUHAS, I.A.S
              THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT,
              CIVIL LINES, KAKKANAD, COCHIN-682030

              SRI.MATHEW GEORGE VADAKKEL


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.96 OF 2020

                                     2


                              JUDGMENT

Dated this the 27th day of January 2021

This contempt case has been filed alleging that in spite

of the directions in the judgment dated 30.10.2019 in W.P.(C)

No.25457/2019, the respondent - District Collector has not

taken a decision as ordered therein.

2. However, when this matter was pending, the petitioner

himself produced Annexure A11 order on record, which is the

order of the District Collector but alleges that the said order is

also contrary to the directions of the judgment.

3. Even when I hear Sri.Abdul Hakhim on the afore lines,

the fact remains that in the judgment, I had only directed the

District Collector to hear the Secretaries of the Panchayat and

to take an appropriate decision. The District Collector has

now issued Annexure A11 order and if the petitioner feels that

this is also not in conformity with law, they will have to

certainly challenge the same in terms of law.

In the afore circumstances, I cannot find any cause to the

petitioner to continue to prosecute this contempt case and I,

therefore, close it; however leaving full liberty to him to

challenge Annexure A11 order as they may be advised.

Sd/- DEVAN RAMACHANDRAN

stu JUDGE Con.Case(C).No.96 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.21012/2018

ANNEXURE A2 A PHOTOSTAT COPY OF THE REPORT OF THE VILLAGE OFFICER, VENGOLA VILLAGE TO THE TAHSILDAR, KUNNATHUNADU TALUK

ANNEXURE A3 A PHOTOSTAT COPY OF THE REPORT OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VENGOLA TO THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA

ANNEXURE A4 A PHOTOSTAT COPY OF THE REPORT OF THE VILLAGE OFFICER, VENGOLA VILLAGE TO THE TAHSILDAR, KUNATHUNADU

ANNEXURE A5 A PHOTOSTAT COPY OF THE COVERING LETTER ISSUED BY TAHSILDAR, KUNATHUNADU TO THE VAZHAKKULAM GRAMA PANCHAYAT

ANNEXURE A6 A PHOTOSTAT COPY OF THE REPORT SENT BY THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, PATTIMATTOM, PERUMBAVOOR TO ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, ALUVA

ANNEXURE A7 A PHOTOSTAT COPY OF THE RESOLUTION OF THE GRAMA PANCHAYAT COMMITTEE OF VENGOLA GRAMA PANCHAYAT

ANNEXURE A8 A PHOTOSTAT COPY OF THE MASS PETITION SUBMITTED BY SOME OF THE RESIDENTS IN WARD NO.4,5 & 6 OF THE VAZHAKKULAM GRAMA PANCHAYAT TO THE RESPONDENT

ANNEXURE A9 CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.25457/2019

ANNEXURE A10 A PHOTOSTAT COPY OF THE CONTEMPT NOTICE SENT BY THE PETITIONER'S COUNSEL TO THE RESPONDENT

ANNEXURE A11 A PHOTOSTAT COPY OF THE ORDER PASSED BY THE RESPONDENT.

ANNEXURE A12 A TRUE PHOTOGRAPH SHOWING THE WATER LEVEL IN THE CANAL NEAR TO CHECK DAM.

ANNEXURE A13 A TRUE PHOTOGRAPH SHOWING THE WATER LEVEL IN THE PADDY FILED IN WHICH THE PETITIONER CULTIVATED PADDY.

Con.Case(C).No.96 OF 2020

ANNEXURE A14 A TRUE PHOTOGRAPH SHOWING THE FULL GROWN PADDY AND WATER FLOOD IN THE PADDY FILED IN WHICH THE PETITIONER CULTIVATED PADDY.

ANNEXURE A15 A TRUE PHOTOGRAPH SHOWING THE FLOODING OF WATER BEYOND THE SIDES OF THE CANAL.

ANNEXURE A16 A PHOTOSTAT COPY OF THE STATEMENT OF THE LOAN ACCOUNT OF THE PETITIONER ISSUED BY VENGOLA SERVICE CO-OPERATIVE BANK, PONJASSERY BRANCH.

ANNEXURE A17 A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT.