Kerala High Court
Mampilly Antony vs Harris Rasheed on 7 April, 2022
Con.Case(C) No.1169/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
CONTEMPT CASE(C) NO. 1169 OF 2021(S) IN WP(C) 16421/2020
PETITIONERS/PETITIONERS
1. MAMPILLY ANTONY,AGED 82 YEARS,S/O. URUMESE, MAMPILLY HOUSE,
AMMANKOVIL ROAD, ERNAKULAM.
2. JOSEPH URUMESE,AGED 69 YEARS, S/O. URUMESE, MAMPILLY HOUSE,
AMMANKOVIL ROAD, ERNAKULAM.
BY ADV K.P.SANTHI
RESPONDENT/3RD RESPONDENT
HARRIS RASHEED, REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE
DIVISIONAL OFFICER, FIRST FLOOR, KB JACOB RD, FORT KOCHI, KOCHI,
KERALA - 682001.
BYB SRI.S.RENJITH,SPECIAL GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
07.04.2022, the court on the same day passed the following:
Con.Case(C) No.1169/2021 2/8
ALEXANDER THOMAS, J.
-----------------------------------------------------
Contempt of Court Case (Civil) No.1070 of 2021
[arising out of judgment dated 26.06.2020 in W.P.(C) No.12681/2020],
Contempt of Court Case (Civil) No.1169 of 2021
[arising out of judgment dated 25.08.2020 in W.P.(C) No.16421/2020]
&
Contempt of Court Case (Civil) No.1925 of 2021
[arising out of judgment dated 25.05.2020 in W.P.(C) No.10202/2020]
--------------------------------------------
Dated this the 07th day of April, 2022
ORDER
Cont. Case (C) No.1070/2021
It is apprised before this Court that now inspection has been conducted
by the Revenue Divisional Officer (RDO) on 04.04.2022 and further decision
thereon is pending.
2. The 3rd respondent (Sri.Vishnuraj, RDO, Fort Kochi), is given last
opportunity to comply with the directions in Anx.A judgment, rendered as
early as on 26.06.2020 in W.P.(C) No.12681/2020. If compliance is not
effected by him in letter and spirit, then this Court will be constrained to take
a serious view of the matter and to direct his personal appearance. This
Court is cognisant of the reality that very many complaints have been raised
against the malfunctioning of the office of the RDO, Fort Kochi, especially in
the matter of long delay in consideration of various applications filed under
the Kerala Conservation of Paddy Land and Wetland Act (2008 Act).
Con.Case(C) No.1169/2021 3/8
3. If the RDO is not taking earnest and sincere steps in that regard,
this Court will be constrained to take a serious view in the matter and this
Court will also contemplate to take appropriate action to cure the systemic
illness that is found to plague the office of the RDO, Fort Kochi. Very many
complaints have surfaced from the public, which have also been reported
widely.
4. The Commissioner for Land Revenue, Government of Kerala,
will immediately examine the reasons for the grave omissions in the
functioning of the abovesaid office and will give a report before this Court as
to the comprehensive measures, that can be taken, to ensure the immediate
fine tuning of the functioning of the office of the RDO, Fort Kochi, so that
citizenry cannot be made to suffer the administrative injustices. The officers
will have to bear in mind that they are public servants and they are,
therefore, servants of the people and they are not masters of the people.
5. A comprehensive report shall be filed by the Commissioner of
Land Revenue, Government of Kerala, about the reasons for the long delay
in processing of various applications in that regard by the office of the RDO,
Fort Kochi and the immediate measures that can be taken to fine tune the
systemic functioning of the said office. Both sides will also apprise this
Court as to whether the provisions of the Lokayuktas Act could be
appropriately applied to deal with issues of maladministration, as envisaged
in the said Act.
Con.Case(C) No.1169/2021 4/8
6. The Secretary to the Office of the Advocate General will forward
copies of this order to the Commissioner for Land Revenue, Government of
Kerala, Thiruvananthapuram, Principal Secretary to Government of Kerala,
Revenue Department, Government Secretariat, Thiruvananthapuram, as
well as to the Chief Secretary to Government for their immediate attention.
Cont. Case (C) No.1169/2021
This is also yet another specimen of the malfunctioning of the office of
the RDO, Fort Kochi, inasmuch as the directions passed by this Court as per
Anx.III judgment, rendered as early as on 08.03.2021 and that too in a
contempt case, Cont. of Court Case (Civil) No.2115/2020, has been thrown
to the winds.
2. This Court is now informed that one Sri.Vishnuraj is the new
RDO, Fort Kochi, Ernakulam. The abovesaid directions issued by this Court
in the previous case will apply in this case, as well. Last opportunity is given
to Sri.Vishnuraj, RDO, Fort Kochi, to immediately comply with the
directions issued by this Court in paragraph No.5 of Anx.III judgment dated
08.03.2021 in Cont. of Court Case (Civil) No.2115/2020 and should issue
clarificatory orders, as ordered in paragraph No.5 of Anx.III judgment.
3. If the RDO, Fort Kochi, does not comply with the abovesaid
directions, well before the next posting date, then he shall be personally
present before this Court on the next posting date. In such contigency, he
shall not draw any travelling or other allowances from the Government
Con.Case(C) No.1169/2021 5/8
funds and exclusive expenses in that regard shall be borne from his personal
funds. In this case also, this Court may then seriously consider taking note
of the malfunctioning of the office of the RDO, Fort Kochi, as a systemic
problem, which has to be cured without any delay, as otherwise the citizenry
will be at the mercy of the arbitrariness and capriciousness of the revenue
officials in the said office.
4. So, this Court will hope and trust that Sri.Vishnuraj, RDO, Fort
Kochi, has sufficient wisdom and prudence to avoid further course of action
in this contempt proceedings. If the contumacious conduct is persistent,
this Court may also contemplate issuing notice to the officer and passing
directions to ensure that adverse remarks are made in his personal service
records, maintained in the Government.
5. Whether this Court should be constrained to go to such steps for
curing the systemic malfunctioning or whether remedial measures will be
taken by the RDO, as a responsible officer, are all matters within the
province of the RDO, who may exercise his discretion and wisdom in this
matter.
6. The directions issued by this Court to the Commissioner of
Land Revenue, Government of Kerala, in the previous case mentioned
hereinabove, will also apply in this case as well. The Secretary of the office
of the Advocate General will also alert other higher functionary of the
Government, as mentioned in the previous order.
Con.Case(C) No.1169/2021 6/8
7. Sri.Vishnuraj, RDO, Fort Kochi, will also file an affidavit before
this Court giving the details of the specific judgments rendered by this Court
which are pending compliance at his hands and should also give details as to
when copies of the respective judgments were received in his office, what
action has been taken in respect of each such cases and also as to the reasons
for the delay in complying with the said directions in the judgment. The
Commissioner for Land Revenue should personally examine the veracity of
such affidavit to be filed by Sri.Vishnuraj, RDO, to ensure that remedial
measures are taken immediately in respect of all the judgments of this
Court, which are pending compliance, with the office of the RDO, Fort Kochi
and are immediately complied with in letter and spirit.
Cont. Case (C) No.1925/2021
The directions issued by this Court in the other contempt cases
hereinabove will also be applicable in this case as well. Hence, last
opportunity is given to the respondent-RDO to comply with the directions in
Annexure-A judgment and report compliance, failing which, consequences
will follow, as mentioned above.
Cont.Case (C)Nos.1070, 1169 & 1925 of 2021
This Court had requested that these matters of serious
non-compliance should be immediately informed to the Additional Advocate
General concerned. Sri.S.Renjith, learned Special Government Pleader has
submitted that Sri.K.P.Jayachandran, learned Additional Advocate General
Con.Case(C) No.1169/2021 7/8
has been apprised and that the learned Additional Advocate General has
assured that such non-compliance will be viewed very seriously and that he
would give strict instructions and directions to the RDO and the higher
functionaries to take immediate action for proper and effective compliance,
etc.
List these cases at 1.45 p.m. on 01/06/2022.
Hand Over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Skk//11042021
07-04-2022 /True Copy/ Assistant Registrar
Con.Case(C) No.1169/2021 8/8
APPENDIX OF CON.CASE(C) 1169/2021
Annexure III TRUE COPY OF THE JUDGMENT DATED 08.03.2021 IN CCC
NO.2115 OF 2020 OF THIS HONOURABLE COURT.
