Kerala High Court
Abdulraheem vs Smt.Dr.Priya Mohan on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
Con.Case(C).No.404 OF 2020 IN WP(C). 15060/2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 15060/2019(F) OF HIGH
COURT OF KERALA
PETITIONER:
ABDULRAHEEM
AGED 59 YEARS
S/O.MOIDEENKUTTY, CHANDANAPARAMBIL HOUSE,
MANGAPOYIL, NEELESWARAM (PO), MUKKAM, KOZHIKODE
DISTRICT.
BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.K.K.NESNA
RESPONDENT:
SMT.DR.PRIYA MOHAN
(AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER), CONVENOR OF LOCAL LEVEL MONITORING
COMMITTEE KOZHIKODE, AGRICULTURAL OFFICER,
MUKKAM, MUKKAM(PO), PIN-673602, KOZHIKODE
DISTRICT.
ADV.VIDYA AC GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Cont.case(c)404 OF 2020 2
JUDGMENT
The petitioner has filed this Contempt Case, alleging non-
compliance of the directions contained in the judgment of this
Court dated 12.06.2019 in W.P.(C)No.15060 of 2019, whereby
that writ petition was disposed of by directing the respondent
herein to consider and pass appropriate orders on Ext.P4
application made by the petitioner under sub-rule (6) of Rule 4 of
the Rules, strictly in accordance with law, after obtaining satellite
image and report from the Kerala State Remote Sensing and
Environment Centre and the attested copy of F.M.B sketch from
the concerned Village Officer, as per the mandate of the Statute.
The petitioner was directed to remit the requisite fee before the
appropriate authority for obtaining such materials without any
delay. The respondent was directed to pass final orders on Ext.P4
application, as expeditiously as possible, at any rate, within a
period of four months from the date of receipt of a certified copy
of that judgment. It was also ordered that subject to the outcome
of Ext.P4 application for correction of data-bank, it would be open
to the petitioner to file a proper application for correction of entry
in the village records.
Cont.case(c)404 OF 2020 3
2. On 20.02.2020, when this Contempt Case came up for
admission, the learned Government Pleader sought time to get
instructions.
3. On 17.03.2020, when this Contempt Case came up for
consideration, the learned Government Pleader submitted that
the delay in disposal of Ext.P4 application is on account of non-
receipt of satellite image and report from the Kerala State
Remote Sensing and Environment Centre.
4. On 14.12.2020, the learned Government Pleader
submitted that the respondent has already complied with the
directions contained in the judgment dated 12.06.2019 and that,
an affidavit of the respondent shall be placed on record within
three weeks.
5. An affidavit has been filed by the respondent, on
06.01.2021.
6. Along with memo dated 04.03.2021 of the learned
Government Pleader, the order passed by the respondent, i.e.,
Order No.KB/MKM dated 26.02.2021, is placed on record.
7. Today, when the case is taken up for consideration,
the learned counsel for the petitioner would submit that, without
prejudice to the right of the petitioner to challenge that order in
appropriate proceedings, to the extent it is against the petitioner,
this contempt case may be closed.
Recording the above submission made by the learned
counsel for the petitioner, this Contempt Case is closed, without
prejudice to the aforesaid right of the petitioner.
Sd/-
ANIL K. NARENDRAN
JUDGE
yd
Cont.case(c)404 OF 2020 5
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT DATED 02.12.2019.
RESPONDENT'S ANNEXURES:
ANNEXURE R1(A) TRUE COPY OF MINUTES OF LLMC DATED
12.12.2019.
ANNEXURE R1(B) TRUE COPY OF THE CORRIGENDUM DATED
30.06.2020.
ANNEXURE R1(C) TRUE COPY OF THE REPORT OF KSREC DATED
11.03.2020.
ANNEXURE R1(D) TRUE COPY OF THE MINUTES OF LLMC
MEETING DATED 03.09.2020.
ANNEXURE R1(E) TRUE COPY OF THE ACKNOWLEDGEMENT DATED
12.12.2019.
TRUE COPY
P.A. TO JUDGE
