Kerala High Court
Dr.Priyarenjini S vs Kamala Vardhana Rao on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 24th day of September 2021 / 2nd Aswina, 1943
IA.NO.2/2021 IN CONTEMPT CASE(C) NO. 2050 OF 2019 IN WP(C) 33103/2016
PETITIONER/7TH RESPONDENT:
A.S. NAISAM, AGED 43, S/O.SAINUDEEN,
SECRETARY, COCHIN CORPORATION, OFFICE OF THE COCHIN CORPORATION,
BOAT JETTY, COCHIN-682 011.
RESPONDENTS/PETITIONER AND RESPONDENT NO.1, 2, 3, 4, 5, 6 & 8:
1. DR.PRIYARENJINI. S., AGED 44 YEARS, D/O.K.N. VIKRAMADITHYAN PILLAI,
CONSULTANT NEUROLOGIST, CC 55-1636 B, VRINDAVANAM, KADAVANTHRA,
KOCHI - 682 020.
2. KAMALA VARDHANA RAO, WORKING AS PRINCIPAL SECRETARY TO THE
GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. S. SUHAS, DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD,
ERNAKULAM - 682 030.
4. CHANDRAN NAIR, CORPORATION SECRETARY IN CHARGE, PRESENTLY DEPUTY
SECRETARY, COCHIN CORPORATION, CORPORATION OFFICE, ERNAKULAM-682
011.
5. SMT.JINU MOLE VARGHESE, WORKING AS SECRETARY, GREATER COCHIN
DEVELOPMENT AUTHORITY, GCDA OFFICE, KADAVANTHARA, ERNAKULAM-682 020.
6. ANAND SINGH IAS, SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF
KERALA AND MEMBER SECRETARY, KERALA ROAD FUND BOARD, T.C.4/1654,
MAYOORAM, NO.7, BELHAVEN GARDENS, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695 003.
7. PRANABJYOTI NATH IAS, SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
8. ABDUL MALIK K.V., WORKING SECRETARY, GREATER COCHIN DEVELOPMENT
AUTHORITY, GCDA OFFICE, KADAVANTHRA, ERNAKULAM-682 020.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to exempt the
petitioner from appearing before this Honourable Court in person.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.K. JANARDHANA SHENOY, Advocate for the petitioner in IA/R7 in COC,
M/S. K.P.PRADEEP, SANAND RAMAKRISHNAN, NEENA ARIMBOOR, T.T.BIJU &
T.THASMI, Advocates for R1 in IA/petitioner in COC, GOVERNMENT PLEADER for
R2, R3,R6 & R7 in IA/R1, R2,R5 & R6 in COC, SRI.S. SUDHISH KUMAR, Advocate
for R4 in IA/R3 in COC and of SRI.ARUN ANTONY, Advocate for R5 in IA/R4 in
COC, the court passed the following:
P.T.O.736
SHAJI P. CHALY, J.
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I.A. No. 2 of 2021 &
Contempt Case © No. 2050 of 2019
in
W.P.(C) No. 33103 of 2016
---------------------------------------------------------
Dated this the 24th day of September, 2021.
ORDER
On 17th June, 2021, when this Contempt petition was taken up,
the learned counsel appearing for the Secretary of the Corporation
submitted that about 3.75 kilometers of road taken possession of by
the Corporation is already decided to be handed over to the PWD by a
resolution dated 13.01.2020.
2. A detailed affidavit is filed today by the Secretary of the
Corporation along with I.A No. 2 of 2021 seeking exemption from
personal appearance. Paragraphs 9 to 12 of the affidavit is relevant
and therefore, they are extracted hereunder:
9. The Revenue Department is required to measure and mark the
area of road under the control of the Corporation which is included as
"purambokke" in revenue records. Letters dated 09-09-2021 were sent to
Special Tahsildar (LA) seeking the help for the same and also to the
District Collector to direct the Special Tahsildar (LA) to complete the
proceedings in a time bound manner.
10. Vide letter dated 08-09-2021, Additional Chief Secretary of Local
Self Government Department has informed the Municipal Corporation
to the prepare a draft notification for revesting the road which is under
the control of the Municipal Corporation to the Government. and to
bring it under the control of the Public Works Department and further to
exempt the same from the purview of the Act of 1994.The Municipal
Corporation had directed the Special Tahsildar (LA) to provide the
details of the acquired land vide letter dated 16-09-2021.
11. The Revenue Divisional Officer, Fort Kochi and the village officers
of Ernakulam, Elamkulam and Poonithurawere directed to effect the
mutation of the freely surrendered land in the name of Municipal
Corporation vide letters dated 10-11-2009 and 16-03-2012 respectively.
Recently, vide letter dated 15-09-2021, the village officers of the
villages concerned were requested to provide the details of the same. For
preparation of the draft notification for revesting, details of land from
the revenue records is essential and scrutiny of the same is essential. It
also requires the verification and corrections by the law department prior
to the publication.
12. It is humbly submitted that,in order to complete action on the basis
of the policy decision of the Municipal Council in a time bound manner
and to comply with the directions of this Court, coordination between
the Municipal Corporation, the Revenue Department, LSGD and the
Law Department is required. The delay caused is due to reasons beyond
the control of this respondent as the matter involves co-ordination of
various departments."
3. Taking into account the statements made in the affidavit,
there will be a direction to the District Collector, Ernakulam to convene
a meeting of all the concerned Departments and the Corporation to
ensure that the directions issued by this Court in the judgment in
question is implemented through coordinated action. The District
Collector shall ensure that the Revenue Department takes appropriate
action for recording the surrendered properties in the name of the
State Government in all the village records at the earliest and at any
rate within a month from today.
4. The State Government has also submitted a memo dated 26 th
August, 2021 and has produced the communications issued by the
Corporation in respect of the properties involved in the widening
process. However, fact remains, the District Collector has not cared to
file an affidavit before this Court in respect of the development that
have taken place in accordance with the directions contained in the
judgment.
5. In that view of the matter, the District Collector, Ernakulam is
directed to file an affidavit before this Court along with the documents
with respect to the steps taken to comply with the directions contained
in the judgment in question.
Post the matter on 22.10.2021 for the affidavit of the District
Collector. Personal appearance of the Secretary of the Corporation is
dispensed with for the time being.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
24-09-2021 /True Copy/ Assistant Registrar
