Thulasibhai Kunjamma vs Dr.Divya S.Iyer, I.A.S
2021 Latest Caselaw 22624 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                    CON.CASE(C) NO. 1476 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 21599/2009 OF HIGH COURT OF KERALA
PETITIONER/LRS' OF PETITIONER IN WPC, LRS' OF RESPONDENT IN WA &
LRS' OF RESPONDENT IN RP:

    1     THULASIBHAI KUNJAMMA
          AGED 65 YEARS
          D/O K.SOUDHAMINI KUNJAMMA,
          MOUTTATH THULASIBHAVAN,
          THUVAYOOR VADAKKE MURI,
          EARATH VILLAGE, ADOOR TALUK, MANAKKALA P.O,
          PATHANAMTHITTA, PIN-691551.

    2     GEETHA PRASANNAKUMAR @ GEETHA DEVI
          AGED 62 YEARS
          D/O K.SOUDHAMINI KUNJAMMA,
          MOUTTATH THULASIBHAVAN,
          THUVAYOOR VADAKKE MURI,
          EARATH VILLAGE, ADOOR TALUK, MANAKKALA P.O,
          PATHANAMTHITTA, PIN-691551.
          NOW RESIDIGN AT "POURNAMI", INDIRA ROAD, PONEKKAKARA,
          EDAPPALLI, KOCHI-682024.

    3     RAMESH KUMAR
          AGED 55 YEARS
          S/O K.SOUDHAMINI KUNJAMMA.,
          MOUTTATH THULASIBHAVAN,
          THUVAYOOR VADAKKE MURI,
          EARATH VILLAGE, ADOOR TALUK,
          MANAKKALA P.O, PATHANAMTHITTA, PIN-691551.

          BY ADVS.
          R.PARTHASARATHY
          B.KRISHNAN



RESPONDENTS/2ND RESPONDENT IN WPC/2ND APPELLANT IN WA/2ND
PETITIONER IN RP:

          DR.DIVYA S.IYER, I.A.S.
 CON.CASE(C) NO. 1476 OF 2021
                                      2

             DISTRICT COLLECTOR,
             (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER'S),
             CIVIL STATION,
             PATHANAMTHITTA-689645.



             SR.HANIL KUMAR.SPL.G.P




     THIS    CONTEMPT   OF   COURT   CASE   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1476 OF 2021
                                   3

                                JUDGMENT

The allegations of the petitioners in this

contempt case are that the directions in the

judgment of this Court have not been complied

with, even though it was delivered as early as

in January, 2012; and though the appeal against

it was dismissed in that year itself.

2. The learned Special Government Pleader

- Sri.Hanilkumar, however, submitted that a

Special Leave Petition (SLP) was attempted

against the judgment in question before the

Hon'ble Supreme Court, but conceded that same

has now been dismissed. He, therefore, prayed

for a month's time to comply with the

directions in the judgment.

3. I am afraid that the time now sought

for by the respondent is grossly in excess

because, as rightly stated by Sri.Parthasarathy

- learned counsel for the petitioners, the CON.CASE(C) NO. 1476 OF 2021

judgment was delivered nearly 10 years ago.

4. I am, therefore, of the firm view that

the directions of this Court must be complied

with within a period of two weeks from the date

of receipt of a copy of this judgment.

Resultantly, this contempt case is closed,

directing the respondent to comply with the

directions in the judgment within a period of

two weeks from the date of receipt of a copy of

this judgment; failing which, petitioners will

be at liberty to seek a rehearing of this

contempt case at the end of the said term.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/19/11/2021 CON.CASE(C) NO. 1476 OF 2021

APPENDIX OF CON.CASE(C) 1476/2021

PETITIONERS' ANNEXURE

Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN WP C NO.36718/2009 DATED 5/1/2012.

Annexure A2 TRUE COPY OF THE DEMAND DRAFTS ALONG WITH THE LETTER ENCLOSED TO THE DISTRICT COLLECTOR, DATED 16.02.2012.

Annexure A3 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR DATED 16.02.2012.

Annexure A4 CERTIFIED COPY OF THE JUDGEMNT IN WRIT APPEAL NO.919/2012 DATED 14.06.2012.

Annexure A5 CERTIFIED COPY OF THE JUDGMENT IN R.P.940/2012 AGAINST JUDGMENT IN W.A.919/2012 DATED 28/04/2020.

Annexure A6 TRUE COPY OF THE REQUEST MADE BY THE PETITIONERS TO THE RESPONDENT DATED 2/7/2021.

Annexure A7 TRUE COPY OF THE LEGAL HEIR-SHIP CERTIFICATE ISSUED BY THE TAHSILDAR , ADOOR DATED 30.11.2020.