Kerala High Court
For Information Purpose Only vs Paristhithi Samrakshana Samithy on 12 March, 2021
WP(C) 31106/2019 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Friday,the 12th day of March 2021/21st Phalguna, 1942
For information purpose only
PETITIONER
WP(C) No.31106/2019(S)
PARISTHITHI SAMRAKSHANA SAMITHY,
REGISTRATION NO.TVM/TC/651/2017, HEAD OFFICE,
ANJILIVELIL BUILDING, OPPOSITE LEKSHORE HOSPITAL,
ROOM NO.1(17/601, A1) NETTOOR P.O., NH BYPASS,
ERNAKULAM DISTRICT, KERALA, PIN-682 040,
REPRESENTED BY ITS STATE PRESIDENT, K.N. PRADEEP.
RESPONDENTS
1. DISTRICT COLLECTOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN-682 030.
2. THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA (P.O.),
KAKKANAD, PIN-682 021, REPRESENTED BY ITS SECRETARY.
3. THE SECRETARY, THRIKKAKKARA MUNICIPALITY,
THRIKKAKKARA (P.O.), KAKKANAD, PIN-682 021.
4. REVENUE DIVISIONAL OFFICER, FORT KOCHI,
ERNAKULAM DISTRICT, PIN-682 001.
5. TAHASILDAR, KANAYANNUR TALUK OFFICE,
PARK AVENUE, NEAR SUBASH PARK, ERNAKULAM, PIN-682 011.
6. THE VILLAGE OFFICER, KAKKANAD, ERNAKULAM, PIN-682 030.
7. SATHAR E.K., PROPRIETOR, HOTEL AMEERA, OPP. CARNIVAL INFO PARK,
EDACHIRA P.O, ERNAKULAM DISTRICT, PIN-682 030.
Writ Petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1 st respondent to conduct an enquiry and submit a
report before this Honourable Court about the unauthorized construction
carried out by the 7th respondent in 43.20 Ares of the Government Poramboke
Thodu (Canal) land comprised in Block-7 in R.Sy.120 of Kakkanad Village in
Kanayannoor Taluk during the pendency of the above writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's judgment dated
03/12/2020 and upon hearing the arguments of M/S K.B.ARUNKUMAR, SURESH
JOSEPH & RANJIT BABU, Advocates for the petitioner, GOVERNMENT PLEADER FOR
R1 & R4 TO R6, SRI.G.G. MANOJ, STANDING COUNSEL FOR R2 & R3,SRI.JOSEPH RONY
JOSE FOR R7 and of SRI.THANKACHAN N.K., GOVERNMENT PLEADER, the court
passed the following:
S.V.BHATTI, J.
&
BECHU KURIAN THOMAS, J.
--------------------------------------------
W.P.(C) No.31106 of 2019
--------------------------------------------
Dated this the 12th day of March, 2021
For information purpose only
ORDER
S.V.Bhatti, J.
On 3.12.2020, the instant writ petition was disposed of by this Court
with a few directions to be complied with by the respondents. Clause (e)
of the judgment read above, reads thus:
(e) The report if not received by the Registrar General within ten
weeks from today, W.P.(C) No.31106/2019 shall be posted before
the Court for further directions in this behalf."
2. The registry in compliance to the directive issued by this Court,
has placed the writ petition for further orders, reporting non- compliance
with the directions of this Court by all the respondents. At the request of
Adv.Thankachan N.K., learned Government Pleader, the writ petition stood
adjourned from 10.3.2021 to today. The writ petition when taken up a few
steps taken by the respondents in this behalf are brought to our notice. We
are surprised to hear from the learned Government Pleader who made the
statement on the strength of the instructions given by the respondents that
a few steps alone are taken and balance could not be completed, since
the election notification for State Legislature has been issued. Hence the
report, as directed by this Court, could not be placed. Mere reference to
the said statement is sufficient that a convenient plea put forward before
For information purpose only
the court as an excuse for not complying with the direction. The court is
conscious of the election schedule and the time granted in our order dated
3.12.2020. For the present the gap in the narrative of respondents is not
noticed.
At the request of the learned Government Pleader post writ petition
on 17.3.2021 to place before the court the steps taken in this behalf. The
report and the steps taken in this behalf could not be placed as directed by
our judgment dated 3.12.2020, the District Collector ensures the presence
of all the officers responsible in this behalf and enables the court to
proceed against the officers disobeying the order of this Court, under
Contempt of Court Act, 1971. The responsibility is now fastened on the
District Collector to ensure strict compliance.
Handover copy to the learned Government Pleader.
Sd/-
S.V.BHATTI
JUDGE
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
/true copy/ Sd/- ASSISTANT REGISTRAR
