Kerala High Court
Kunjumon Abraham vs Padmachandra Kurup on 24 November, 2021
Con.Case(C) No.820/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
CONTEMPT CASE(C) NO. 820 OF 2021(S) IN WP(C) 128/2021
PETITIONER/PETITIONER IN WPC:
KUNJUMON ABRAHAM, AGED 62 YEARS, S/O. ABRAHAM,
GREEN COTTAGE, CHEPPIL, AYOOR P.O, KOTTARAKKARA,
KOLLAM-691 533.
BY ADV SMT.MALINI K.MENON.
RESPONDENT/4TH RESPONDENT IN WPC:
PADMACHANDRA KURUP, TAHSILDAR (LAND RECORDS),
KOTTARAKKARA TALUK, MINI CIVIL STATION,
KOTTARAKKARA-691 506.
BY GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
24.11.2021, the court on the same day passed the following:
P.T.O.
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ANIL K.NARENDRAN, J.
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Cont.Case(C)No.820 of 2021
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Dated this the 24th day of November, 2021
ORDER
The direction contained in Annexure A1 judgment dated
13.01.2021 in W.P.(C)No.128 of 2021 was for consideration
Ext.P4 application by the Tahasildar (Land Records) and for
passing appropriate orders thereon, with notice to the petitioner
and other affected parties, within a period of one month from the
date of receipt of a certified copy of that judgment.
In this contempt case, the respondent has filed an affidavit
dated 09.08.2021, which is one filed pursuant to the order of this
Court dated 04.08.2021. In that affidavit, it is stated that, since
the petitioner has objected the fixation of boundaries on the
western side, survey and demarcation process could not be
completed on 09.07.2021. The delay in complying with the
direction contained in Annexure A1 judgment occurred for the
said reason.
The petitioner has filed a reply affidavit dated 25.10.2021,
wherein it is reiterated that the respondent has not complied
with the direction contained in Annexure A1 judgment. Along
with that reply affidavit, the petitioner has placed on record
Annexure A4 communication dated 07.09.2021 issued by the
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Cont.Case No.820 of 2021
Secretary of Ummannoor Grama Panchayat, wherein it is stated
that, since boundaries of the property could not be ascertained
by the Overseer, on site inspection, his application for building
permit can be processed only after the Revenue officials fixing
the boundaries and laying the survey stones.
Today, when the case is taken up for consideration, the
submission made by the learned Government Pleader is that, the
direction contained in Annexure A1 judgment has already been
complied with by the respondent.
When the application made by the petitioner is one filed in
Form No.10, invoking the provisions under Rule 43 of the Kerala
Survey and Boundaries Rules, 1964, for pointing out the
boundaries of his registered land, pursuant to the direction
contained in Annexure A1 judgment, the respondent ought to
have pointed out the boundaries of that land, which is his
statutory duty. The respondent has sworn to before this Court,
wherein it is stated that the direction contained in Annexure A1
judgment has already been complied with. The respondent has
not even instructed the learned Government Pleader properly,
who is unable to assist this Court properly.
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Cont.Case No.820 of 2021
In such circumstances, I deem it appropriate to direct the
respondent to personally present before this Court on
15.12.2021 at 4.00 p.m., along with necessary files.
List on 15.12.2021 at 4.00 p.m.
Sd/-
ANIL K.NARENDRAN
JUDGE
yd
24-11-2021 /True Copy/ Assistant Registrar
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APPENDIX OF CON.CASE(C) 820/2021
ANNEXURE A1 A TRUE COPY OF THE JUDGMENT IN WP(C) 128/2021 OF THE
HON'BLE HIGH COURT OF KERALA DATED 13.01.2021.
ANNEXURE A4 TRUE COPY OF THE REJECTION LETTER DATED 07/09/2021
RECEIVED FROM UMMANNOOR PANCHAYATH.
EXHIBIT P4 TRUE COPY OF THE APPLICATION UNDER FORM 10 AS
PRESCRIBED UNDER THE KERALA SURVEY AND BOUNDARIES ACT,
1961 DATED 02/12/2019 TO THE 3RD RESPONDENT.
