Veena Sanker vs Anupam Mishra Ias
2021 Latest Caselaw 10424 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

         Con.Case(C).No.2526 OF 2019 IN WP(C). 19847/2018

   AGAINST THE JUDGMENT IN WP(C) 19847/2018(E) OF HIGH COURT OF
                              KERALA


PETITIONER:PETITIONER:

             VEENA SANKER,
             D/O.INDIRA DEVI, MAKAM VEEDU, OACHIRA P.O., KOLLAM,
             REPRESENTED BY HER FATHER AND POWER OF ATTORNEY
             HOLDER, SANKARA PILLAI, S/O.GOVINDA PILLAI, AGED 73,
             SATHISH BHAVAN, OACHIRA P.O., KOLLAM NOW RESIDING AT
             MAKAM VEEDU, OACHIRA P.O., KOLLAM.

             BY ADV. SRI.M.SREEKUMAR

RESPONDENT:ADDITIONAL 3RD RESPONDENT:

             ANUPAM MISHRA IAS,
             (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER)
             REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL
             OFFICE, DISTRICT COLLECTORATE, KOLLAM- 691013.



             SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.2526 OF 2019                        2

IN WP(C). 19847/2018




                                      JUDGMENT

Dated this the 26th day of March 2021

This contempt petition is filed by the petitioner complaining that the

directives contained in the judgment dated 9.10.2018 in W.P.(C) No.19847/2018

are not complied with.

The following were the directions issued by this Court in the judgment:

"6. Therefore, there will be a direction to the additional third respondent to

consider Ext.P6, in accordance with law, and attain finality at the earliest possible

time, and at any rate, within 4 months from the date of receipt of a copy of this

judgment, after calling for a report from the LLMC or KSRSEC.

7. When this writ petition came up for admission, an interim order was

passed against Ext.P4 order and the same is in force even now. The interim order

will continue, till such time a decision is taken by the additional third respondent, as

directed above. Petitioner is also directed to maintain status quo with respect to the

property as on the date of the filing of the writ petition. Writ petition is disposed of

accordingly."

2. However, fact remains, no application was submitted by the petitioner

before the cut-off date i.e., 30.12.2017, on which date section 27A of the Kerala

Conservation of Paddy land and Wetland Act, 2008, was brought into force.

IN WP(C). 19847/2018

Therefore, the learned Senior Government Pleader on 12.3.2021 has pointed out

that there should be a specific direction with respect to the consideration of

application, which is submitted after the cut-off date.

3. Today when the matter is taken up, learned Senior Government Pleader

has produced a copy of the affidavit filed by the Revenue Divisional Officer,

Kollam dated 23.3.2021, from where I am satisfied that an application under

section 27A was filed by the petitioner on 20.3.2021 alone.

4. In that view of the matter, I do not think, any directions issued in the

judgment would be beneficial to the petitioner in order to further proceed with

the contempt petition. Therefore, the contempt petition is closed with an

observation that the Revenue Divisional Officer shall take adequate steps to

dispose of the application specified above, in accordance with law, at the earliest

possible time and at any rate within three months from the date of receipt of a

copy of this judgment.

Sd/-

                                                    SHAJI P.CHALY

smv                                                       JUDGE


IN WP(C). 19847/2018



                              APPENDIX
PETITIONER'S EXHIBITS:

ANNEXURE A               CERTIFIED COPY OF JUDGMENT OF THIS HON'BLE
                         COURT IN W.P.(C)NO.19847/2018 DATED
                         09.10.2018.