Mohanan vs D.Balamurali I.A.S
2021 Latest Caselaw 14129 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
  WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
               CON.CASE(C) NO. 1737 OF 2020
  AGAINST THE ORDER/JUDGMENT IN WP(C) 11664/2015 OF HIGH
                      COURT OF KERALA
PETITIONER:

         MOHANAN
         AGED 57 YEARS
         S/O KESAVAN NAIR(LATE),
         RESIDING AT KORETH HOUSE, MEZHATHUR, TRITHALA
         POST, PALAKKAD-679534.
         BY ADVS.
         VINOD RAVINDRANATH
         SRI.ASHWIN SATHYANATH
         SHRI.THAREEQ ANVER


RESPONDENT:

         D.BALAMURALI I.A.S.
         AGE AND FATHER'S NAME NOT KNOWN TO THE
         PETITIONER, DISTRICT COLLECTOR, PALAKKAD,
         CIVIL STATION, PALAKKAD-678001.
         BY ADV GOVERNMENT PLEADER


         GP-SRI.JESTIN MATHEW

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Cont.Case(C)1737 OF 2020        2


                           JUDGMENT

The petitioner has filed this Contempt Case, alleging non-

compliance of the directions contained in Annexure-1 judgment of

this Court dated 26.06.2019 in W.P.(C)No.11664 of 2015,

whereby that writ petition was disposed of by directing the

respondent herein to take necessary steps to implement Ext.P2

order by initiating appropriate proceedings against the respective

land owners, in accordance with law. This Court has also directed

that necessary steps in that regard, in terms of the relevant

provisions under the Kerala Conservation of Paddy Land and

Wetland Act, 2008 and the rules made thereunder, shall be taken

and completed by the respondent herein, within a period of three

months from the date of receipt of a certified copy of that

judgment.

2. On 06.11.2020, when this Contempt Case came up for

admission, the learned Senior Government Pleader sought time

to get instructions.

3. On 16.12.2020, the learned Government Pleader

sought time to place on record a copy of the order dated

01.12.2020 passed by the respondent, in terms of the direction

contained in Annexure-1 judgment.

4. Along with the memo dated 16.12.2020 filed by the

learned Senior Government Pleader, a copy of order

No.DCPKD/5051/2018-C3 dated 01.12.2020 issued by the

respondent is placed on record.

5. On 01.02.2021, when this Contempt Case came up for

consideration, the petitioner filed reply affidavit dated

20.12.2020, wherein it is alleged that there is only a partial

compliance of the direction contained in Annexure-1 judgment of

this Court. The learned Government Pleader sought time to get

instructions.

6. On 17.02.2021, the respondent was directed to file an

affidavit explaining the facts and circumstances, in view of the

stand taken in the reply affidavit filed by the petitioner.

7. Pursuant to the order of this Court dated 17.02.2021,

the respondent has filed an affidavit dated 06.03.2021.

8. Today, when the case is taken up for consideration,

the learned counsel for the petitioner would submit that the

respondent has already complied with the directions contained in

Annexure-1 judgment dated 26.06.2019 in W.P.(C)No.11664 of Cont.Case(C)1737 OF 2020 4

2015.

Recording the above submission made by the learned

counsel for the petitioner, this Contempt Case is closed.

Sd/-

                                          ANIL K. NARENDRAN
                                                JUDGE

yd
 Cont.Case(C)1737 OF 2020      5



                           APPENDIX
PETITIONER's ANNEXURE:

ANNEXURE A1        CERTIFIED COPY OF THE JUDGMENT IN WPC
                   NO.11664/2015 DATED 26/06/2019.
ANNEXURE-2         TRUE COPY OF THE APPLICATION DATED

28/02/2020 SUBMITTED BEFORE THE OFFICE OF THE RESPONDENT.

ANNEXURE-3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT RECEIVED FROM THE OFFICE OF THE RESPONDENT BEARING NO.179413/2020 DATED 28/02/2020.

RESPONDENT'S ANNEXURES:NIL

TRUE COPY

P.A. TO JUDGE