Kerala High Court

Kurian Joseph vs C. Lathika on 1 July, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         CON.CASE(C) NO. 574 OF 2021
   AGAINST THE JUDGMENT IN WP(C).NO.12550/2020 OF HIGH COURT OF KERALA


PETITIONER/PETITIONER:

           KURIAN JOSEPH, AGED 54 YEARS,
           S/O.C.K. JOSEPH, CHAKKUPURAKKAL HOUSE MANARKADU VILLAGE,
           VADAVTHOOR P.O. KOTTAYAM DISTRICT 686 010.

           BY ADVS. M/S.P.K.SOYUZ & E.V.BABYCHAN



RESPONDENT/RESPONDENT NO.3:

           C. LATHIKA
           REVENUE DIVISIONAL OFFICER, R.DO. OFFICE, CIVIL STATION
           ANNEX, IRINJALAKUDA, THRISSUR DISTRICT 680 125.

           SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH CONT. CASE (C) NOS.584, 592 & 612 OF 2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         CON.CASE(C) NO. 584 OF 2021
   AGAINST THE JUDGMENT IN WP(C).NO.12348/2020 OF HIGH COURT OF KERALA


PETITIONER/PETITIONER:

           NAITHAN IPE KURIAN, AGED 25,
           S/O. KURIAN CHAKKUPURAKKAL IPE, CHAKKUPURAKKAL HOUSE,
           MANARKADU VILLAGE, MANRKADU P.O.KOTTAYAM DISTRICT,
           PIN-686 019

           BY ADVS. M/S.P.K.SOYUZ & E.V.BABYCHAN



RESPONDENT/RESPONDENT NO.3:

           C.LATHIKA
           THE REVENUE DIVISIONAL OFFICER IRINJALAKUDA, CIVIL STATION
           ANNEX, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR-680 125.

           SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH CONT.CASE (C)NOS.574, 592 & 612 OF 2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         CON.CASE(C) NO. 592 OF 2021
   AGAINST THE JUDGMENT IN WP(C).NO.13120/2020 OF HIGH COURT OF KERALA


PETITIONER/PETITIONER:

           KOSHY UTHUP, AGED 47,
           S/O KURIAN UTHUP, CHAKKUPURAKKAL, VADAVTHOOR
           P.O.KALLUKKATTUKARA, KOTTAYAM.

           BY ADVS. M/S. P.K.SOYUZ & E.V.BABYCHAN



RESPONDENT/RESPONDENT NO.3:

           C. LATHIKA,
           THE REVENUE DIVISIONAL OFFICER, IRINAJALKUDA, CIVIL STATION
           ANNEXE, CHEMMANDA ROAD, IRINJALKUDA THRISSUR - 680125.

           SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH CONT.CASE (C)NOS.574, 584 & 612 OF 2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         CON.CASE(C) NO. 612 OF 2021
   AGAINST THE JUDGMENT IN WP(C).NO.12616/2020 OF HIGH COURT OF KERALA


PETITIONER/PETITIONER:

           JACOB MATHEW, AGED 51 YEARS,
           S/O. CHACKO MATHEW, POOVATHUR, KOTTAYAM - 686019.

           BY ADVS. M/S. P.K.SOYUZ & E.V.BABYCHAN



RESPONDENT/RESPONDENT NO.3:

           C. LATHIKA
           REVENUE DIVISIONAL OFFICER, R.DO OFFICE, CIVIL STATION ANNEX,
           IRIJALAKUDA, THRISSUR DISTRICT-680 125.

           SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH CONT.CASE (C)NOS.574, 584 & 592 OF 2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                         ALEXANDER THOMAS, J.
    ------------------------------------------------------------------------
     Cont. Case (C) No. 574 of 2021 in WP(C) No. 12550 of 2020,
    Cont. Case (C) No. 584 of 2021 in WP(C) No. 12348 of 2020,
     Cont. Case (C) No. 592 of 2021 in WP(C) No. 13120 of 2020
                                       &
     Cont. Case (C) No. 612 of 2021 in WP(C) No. 12616 of 2020
    ------------------------------------------------------------------------
                    Dated this the 1st day of July, 2021

                             JUDGMENT

The above 4 Contempt of Court cases have been filed

alleging non compliance of the directions passed by this Court in the

judgments in WP(C). Nos. 12550, 12348, 13120 & 12616 of 2020

respectively.

2. Heard Sri.P.K.Soyuz, learned counsel appearing for the

petitioners and Sri.Saigi Jacob Palatty, learned Senior Government

Pleader appearing for the respondent.

3. Today when the matter has been taken up for

consideration, Sri.Saigi Jacob Palatty, learned Senior Government

Pleader would submit on the basis of instructions that in all these

cases orders have already been passed in regard to the application

for deletion from the Land Data Bank, and further that decision has

also been taken by the respondent RDO on the respective

applications filed by the petitioners under Sec.27A(1) of the Act 28 of

2008 whereby the benefit thereby has been given the major part of Cont. Case (C) No. 574/2021 in WP(C) No. 12550/2020, Cont. Case (C) No. 584/2021 in WP(C) No. 12348/2020, Cont. Case (C) No. 592/2021 in WP(C) No. 13120/2020 & Cont. Case (C) No. 612/2021 in WP(C) No. 12616/2020

..6..

the land covered by the respective applications, and that the requisite

fee amounts under Sec.27A(3) has also been demanded, and that on

the petitioners remitting the requisite fee, formal orders granting the

benefit under Sec.27A(1) for the land extent permitted will be passed.

That, the respondent RDO will pass formal orders in the matter

disposing of the applications within one month from the respective

petitioners remitting the requisite fee amounts.

4. The counsel for the petitioners would point out that in

case the petitioners have any grievances as against the extend of the

land area permitted for the grant of benefit, then liberty may be

accorded to them to challenge the same in appropriate proceedings.

5. Accordingly, it is ordered that on the petitioners paying

the requisite fee amounts, the respondent RDO will pass orders

disposing of the applications under Sec.27A(1) within one month

from the remittance of the fee amounts. In case the petitioners have

any grievances regarding the extent of the land area permitted for

grant of abovesaid benefit, then they will be at liberty to work out

their remedies to challenge the same in the manner known to law. Cont. Case (C) No. 574/2021 in WP(C) No. 12550/2020, Cont. Case (C) No. 584/2021 in WP(C) No. 12348/2020, Cont. Case (C) No. 592/2021 in WP(C) No. 13120/2020 & Cont. Case (C) No. 612/2021 in WP(C) No. 12616/2020

..7..

With these observations and directions and with the

above liberty, the above Contempt of Court cases will stand

disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

MMG Cont. Case (C) No. 574/2021 in WP(C) No. 12550/2020, Cont. Case (C) No. 584/2021 in WP(C) No. 12348/2020, Cont. Case (C) No. 592/2021 in WP(C) No. 13120/2020 & Cont. Case (C) No. 612/2021 in WP(C) No. 12616/2020

..8..

APPENDIX OF CON.CASE(C).NO.574/2021

PETITIONER'S ANNEXURE

ANNEXURE I TRUE CERTIFIED COPY OF THE JUDGMENT IN WPC NO. 12550/2020 DATED 25.06.20.

ANNEXURE II TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 08.09.2020.

ANNEXURE III TRUE COPY OF THE ORDER DATED 21.10.2020.

ANNEXURE IV TRUE COPY OF THE KSRCE REPORT DATED 16.01.2021.

Cont. Case (C) No. 574/2021 in WP(C) No. 12550/2020, Cont. Case (C) No. 584/2021 in WP(C) No. 12348/2020, Cont. Case (C) No. 592/2021 in WP(C) No. 13120/2020 & Cont. Case (C) No. 612/2021 in WP(C) No. 12616/2020

..9..

APPENDIX OF CON.CASE(C).NO.584/2021

PETITIONER'S ANNEXURE

ANNEXURE I TRUE CERTIFIED COPY OF THE JUDGMENT IN WPC NO 12348 OF 2020 DATED 23.6.2020

ANNEXURE II TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 8.9.2020

ANNEXURE III TRUE COPY OF THE ORDER DATED 23.10.2020

ANNEXURE IV TRUE COPY OF THE KSREC REPORT DATED 16.1.2021 Cont. Case (C) No. 574/2021 in WP(C) No. 12550/2020, Cont. Case (C) No. 584/2021 in WP(C) No. 12348/2020, Cont. Case (C) No. 592/2021 in WP(C) No. 13120/2020 & Cont. Case (C) No. 612/2021 in WP(C) No. 12616/2020

..10..

APPENDIX OF CON.CASE(C).NO.592/2021

PETITIONER'S ANNEXURE

ANNEXURE I TRUE CERTIFIED COPY OF THE JUDGMENT IN WPC NO 13120/2020 DATED 2.7.2020

ANNEXURE II TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 8.9.2020

ANNEXURE III TRUE COPY OF THE ORDER DATED 21.10.2020

..11..

APPENDIX OF CON.CASE(C).NO.612/2021

PETITIONER'S ANNEXURE

ANNEXURE I TRUE CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO. 12616/2020 DATED 26.06.2020.

ANNEXURE II TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 08.09.2020.

ANNEXURE III TRUE COPY OF THE ORDER DATED 23.10.2020.