Kerala High Court
Ajith Kumar Shenoy vs Jolly Joseph on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
CON.CASE(C) NO. 1383 OF 2020
AGAINST THE JUDGMENT IN WP(C) NO.12721/2020 DATED 29.06.2020 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
AJITH KUMAR SHENOY
AGED 52 YEARS, S/O.NARAYANA SHENOY,
KURINJIKATTIL HOUSE, KUMARANALLOOR P.O.,
KOTTAYAM DISTRICT , PIN-686016
BY ADVS.
P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENT/RESPONDENT NO.I :
JOLLY JOSEPH
(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER),
REVENUE DIVISION OFFICER, REVENUE DIVISIONAL OFFICE,
MINI CIVIL STATION, KOTTAYAM P.O., KOTTAYAM DISTRICT,
PIN-680 125
BY ADVS.
GOVERNMENT PLEADER
SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, ALONG WITH Con.Case(C).1385/2020,
1392/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
CON.CASE(C) NO. 1385 OF 2020
AGAINST THE JUDGMENT IN WP(C) NO.12744/2020 DATED 29.06.2020 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
SUDHA KAMMATH R
AGED 50 YEARS, W/O.AJITH KUMAR SHEONY, S/O.NARAYANA
SHENOY, KURINJIKATTIL HOUSE, KUMARANALLOOR P.O.,
KOTTAYAM DISTRICT, PIN-686 016
BY ADVS.
P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENT/RESPONDENT NO.I:
JOLLY JOSEPH
(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER),
REVENUE DIVISION OFFICER, REVENUE DIVISIONAL OFFICE,
MINI CIVIL STATION, KOTTAYAM P.O., KOTTAYAM DISTRICT,
PIN-680125
BY ADVS.
SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER
SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, ALONG WITH Con.Case(C).1383/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
CON.CASE(C) NO. 1392 OF 2020
AGAINST THE JUDGMENT IN WP(C) NO.13321/2020 DATED 07.07.2020 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
ASWATH KUMAR SHENOY
AGED 44 YEARS, S/O NARAYANA SHENOY, KURINJIKATTIL,
KUMARANALLOOR.P.O, KOTTAYAM DISTRICT, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER VRINDA, AGED 70,
W/O NARAYANA SHENOY, KURINJIKATTIL HOUSE,
KUMARANALLOOR.P.O, KOTTAYAM DISTRICT, PIN-686016.
BY ADVS.
P.K.SOYUZ
SRI.E.V.BABYCHAN
RESPONDENT/RESPONDENT NO.I:
JOLLY JOSEPH
(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIIONER),
REVENUE DIVISIONAL OFFICER,REVENUE DIVISIONAL OFFICE,
MINI CIVIL STATION, KOTTAYAM.P.O, KOTTAYAM DISTRICT,
PIN-680125.
BY ADVS.
SRI.SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER
SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL
SRI.N.MANOJ KUMAR, SPL. GOVERNMENT PLEADER
SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, ALONG WITH Con.Case(C).1383/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
4
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
ALEXANDER THOMAS, J.
-----------------------------------------
Contempt of Court case (Civil) No.1383 of 2020
[against the judgment dated 29.06.2020 in W.P.(C) No.12721/2020]
&
Contempt of Court case (Civil) No.1385 of 2020
[against the judgment dated 29.06.2020 in W.P.(C) No.12744/2020]
&
Contempt of Court case (Civil) No.1392 of 2020
[against the judgment dated 07.07.2020 in W.P.(C) No.13321/2020]
------------------------------------------------------
Dated this the 24th day of September, 2021
JUDGMENT
Sri.Saigi Jacob Palatty, learned Senior Government Pleader
submits on the basis of written instructions of the respondent Revenue
Divisional Officer (RDO), that the respondent officer is amenable to the
suggestions made by this Court on 11.08.2021 and that he would
provisionally comply with the directions in the judgments in W.P.(C) by
stipulating that the payment of fee on the basis of the fair value of the
subject property as on the date of application will be subject to the
condition that in case the State and the Department are successful in the
writ appeal filed by them against the judgments in the W.P.(C), then the
petitioners herein will have to pay the higher fee based on the verdict of
the said writ appeals, etc. Further that consequential orders in that
regard will be passed immediately.
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
2. Recording the abovesaid undertaking of the respondent-
RDO, the above contempt of court case is closed. The RDO will take
consequential steps in effectuating the abovesaid undertaking without
any further delay and complete the necessary formalities within one
month from the date of production of a copy of this judgment.
3. Sri.P.K. Soyuz, learned counsel appearing for the petitioners
in these cases would submit that the petitioners in Con. Case (C)
Nos.1383/2020 & 1385/2020 have already remitted the prescribed fee
computed on the basis of fair value of the subject property as on the date
of the application. That be so, the respondent-RDO will immediately
pass orders in the matter on the application in Form-6. Further that,
the petitioner in Con. Case (C)No.1392/2020 is yet to remit the fee
computed in terms of the fair value of the subject property as on the
date of the application and that he would do so immediately. The
respondent officer shall, then ensure that orders are passed on the
application in Form No.6 within one month from the date on which the
petitioner remits the fee as above.
4. It is made clear that the respondent-RDO will be at liberty
to pass orders allowing Form 6 applications, in the manner indicated
hereinabove.
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
5. The petitioners' counsel will produce copies of this
judgment before the respondent-RDO for necessary information and
immediate compliance.
With these observations and directions the above contempt of
court case will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
Skk//25092021
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
APPENDIX OF CON.CASE(C) 1385/2020
PETITIONER'S ANNEXURE:-
ANNEXURE 1 TRUE COPY OF THE JUDGMENT W.P.(C).NO.12744
OF 2020 DATED 29.06.2020.
ANNEXURE II TRUE COPY OF THE PROCEEDINGS NO.B3-3679/19
K.DIS DATED 27.08.2020 OF THE RESPONDENT.
RESPONDENT' ANNEXURE:-
ANNEXURE R1 TRUE COPY OF THE PROCEEDINGS DATED
09.10.2020 CANCELLING ANNEXURE A-II
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
APPENDIX OF CON.CASE(C) 1392/2020
PETITIONER'S ANNEXURE:-
ANNEXURE I TRUE COPY OF THE JUDGEMENT IN
W.P(C)NO.13321 OF 2020 DATED 07.07.2020.
ANNEXURE II TRUE COPY OF THE PROCEEDINGS NO.B3-3678/19
K.DIS DATED 27.08.2020 OF THE RESPONDENT.
RESPONDENT' ANNEXURE:-
ANNEXURE R1 TRUE COPY OF THE PROCEEDINGS DATED
09.10.2020 CANCELLING ANNEXURE A-II
Con.Case(C) Nos.1383/2020, 1385/2020 & 1392/2020
APPENDIX OF CON.CASE(C) 1383/2020
PETITIONER'S ANNEXURE:-
ANNEXURE I TRUE COPY OF THE JUDGMENT W.P.(C).NO.12721
OF 2020 DATED 29.06.2020.
ANNEXURE II TRUE COPY OF THE PROCEEDINGS NO.B3-3676/19
K.DIS DATED 27.08.2020 OF THE RESPONDENT.
PETITIONER'S ANNEXURE:-
ANNEXURE R1 TRUE COPY OF THE PROCEEDINGS DATED
09.01.2020 CANCELLING ANNEXURE A-II.
