Kerala High Court
Wednesday vs Krishna Kumar on 31 March, 2021
Con.Case(C) 590/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday,the 31st day of March 2021/10th Chaithra, 1943
For information purpose only
Contempt Case(C) No.590/2021(S) in WA No.1318/2020
PETITIONERS/PETITIONERS
1. KRISHNA KUMAR, AGED 54 YEARS, S/O CHANDRA SEKHARAN NAIR,
PIONEER COTTAGE, PATHANAMTHITTA P.O., KOZHENCHERY TALUK,
PATHANAMTHITTA-689 645.
2. SAJI KOSHY GEORGE, AGED 49 YEARS, S/O KOSHY GEORGE,
KARAYAM VATTATHU VEETTIL, NANNUVAKKAD MURI,
PATHANAMTHITTA P.O., KOZHENCHERY TALUK, PATHANAMTHITTA-689 645.
3. SUBASH V.GEORGE, AGED 42 YEARS, S/O GEORGE VADAKKEVEETTIL,
PATHANAMTHITTA VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA-689 645.
4. MURALEEDHARAN, AGED 46 YEARS, S/O NARAYANA PILLAI,
PARVATHY SADANAM, NADUVATTOM P.O., PALLIPAD MURI,
KARTHIKAPPALLY TALUK, ALAPUZHA-690 512.
BY ADVOCATES M/S K.JAGADEESH & V.RENJU.
RESPONDENT/2ND RESPONDENT
T.K. JOSE,
ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME (C),
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
SRI.MOHAMMED ANZAR, SPECIAL GOVERNMENT PLEADER FOR RESPONDENT.
This Contempt of Court Case (Civil) having come up for orders on
31/03/2021, the Court on the same day passed the following:-
p.t.o.
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
-----------------------------------------------
Cont. Case (C). No. 590 of 2021 (S)
----------------------------------------------
Dated this the 31st day of March, 2021
For information
O R D Epurpose
R only
S. Manikumar, CJ.
On 22.3.2021 we passed the following order:
"Inviting the attention of this Court to GO(Rt).
No.294/2021/HOME dated 28.1.2021, by which the
Additional Chief Secretary, Home Department, Government
of Kerala has accorded administrative sanction for
acquisition of land for court complex at Pathanamthitta and
on the basis of averments, instant Contempt Petition is
filed.
2. That apart, Mr.G. Sreekumar, learned Senior Counsel
submitted that though a division Bench of this Court vide
judgment in W.A. No.1318 of 2020 dated 11.12.2020 has
directed respondents herein to complete the process of
determination of market value, in accordance with Section 26 of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, as early
as possible, at any rate, within a period of two months from the
date of receipt of a copy of the judgment, even without
reference to the said judgment, just based on a letter
No.C2/5190/2018 of District Collector, Pathanamthitta dated
23.1.2020, the Additional Chief Secretary, Home Department,
Government of Kerala has passed the said Government Order
dated 28.1.20201.
3. It is further submitted by learned Senior Counsel that
though a letter dated 10.2.2021 was sent to the Additional Chief
Cont. Case (C).590/2021
2
Secretary, Home Department, Government of Kerala to correct
the mistake and to avoid initiation of any contempt
proceedings, no steps have been taken and in the above said
circumstances, it is a fit case for invoking the provisions of
For information
Contempt of Courts Act, 1971.purpose only
4. GO.(Rt).No.294/2021/HOME dated 28.1.2021 is
extracted hereunder:
"Government of Kerala
Abstract
Home Department -- According administrative sanction for the
acquisition of land for the construction of court complex at
Pathanamthitta- Orders issued.
----------------------------------------------------------------------------------
Home (C) Department
G.O.(Rt)No.294/2021/HOME dated Thiruvanthanthapuram
28-1-2021
----------------------------------------------------------------------------------
Ref: 1. G.O(Rt) No.2219/18 dated 13-6-2018.
2. G.O.P No.32/2019/Fin dated 18-3-2019.
3. Letter No.C2/5190/2018 of the District Collector,
Pathanamthitta dated 23-1-2020.
4. Minutes of the meeting presided over by the
Hon.Chief Minister dated 9-11-2020.
ORDER
As per reference cited No.1, Government Order has been
issued for the acquisition of land of 242/91 Ares (6 Acres) in
Sy.No.102.10, 102/11, 102/12, 110/01, 110/02, 110/3/AB, 110/4,
110/05, 110/06-1, 142/6A, 142/6B, 142/17A, 142/7B of
Pathanamthitta Village, Vettipram Muri, under the provisions of
LARR Act, 2013 by the Revenue Department for the construction of
court complex at Pathanamthitta.
2. Report has been submitted by the District Cone or as per
Cont. Case (C).590/2021
reference cited no.2 with the estimated cost of Rs.1,01,32,294 for
the construction of court complex at Pathanmathitta.
3. It has been decided by the meeting referred to as no.3,
that steps shall be taken for the acquisition of 242.91 Ares of land
For information purpose only
for the construction of court complex at Pathanamthitta and the
amount of Rs.1,01,32,290 shall be deposited in the account of the
Land Acquisition Officer.
4. In this circumstance, administrative sanction is accorded
for the acquisition of 242.91 Ares of land for the construction of
court complex at Pathanamthitta, for an amount of Rs.1,01,32,290
(One Crore One Lakh Thirty Two Thousand Two Hundred and
Ninty) being the amount estimated by the District Collector on the
basis of fair value.
By order of the Governor
T.K.Jose
Additional Chief Secretary"
5. Responding to the averments and the contents of the
said Government Order dated 28.1.2021, Mr. Mohammed Anzar,
learned Special Government Pleader appearing for respondent
fairly admitted that in GO.(Rt).No.294/2021/HOME dated
28.1.2021, there is no reference to the judgment of this Court in
W.A. No.1318 of 2020 dated 11.12.2020, wherein directions have
been issued. He further submitted that from the above said
Government Order, it could be deduced that, solely on the basis of
letter dated 23.1.2020 of the District Collector, Pathanamthitta,
Government have issued administrative sanction. Decision of this
Court in W.A. No.1318 of 2020 dated 11.12.2020 has not been
considered. We place on record the said said submission. Mr.
Mohammed Anzar, learned Special Government Pleader further
submitted that would instruct the respondent to withdraw GO.(Rt).
Cont. Case (C).590/2021
No.294/2021/HOME dated 28.1.2021 and act as per the directions
issued in W.A. No.1318 of 2020 dated 11.12.2020.
Post on 30.3.2021."
For information purpose only
2. On this day, when the matter came up for further hearing,
Mr.Ranjith Thamban, learned Additional Advocate General submitted
that taking note of the earlier proceedings, Government have issued
order dated 28.1.2021. He also submitted that there will be some
difficulty in issuing revised administrative sanction.
3. He however, submitted that order dated 28.1.2021 would be
withdrawn and a fresh order, in compliance with the directions issued in
W.A. No.1318 of 2020 dated 11.12.2020, would be issued, within two
weeks from today. Said submission of learned Additional Advocate
General is placed on record.
Registry is directed to post the Contempt Petition after summer
vacation.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Shaji P. Chaly,
Judge
sou
/true copy/ Sd/- ASSISTANT REGISTRAR
