Kerala High Court
The State Of Kerala vs Santhamma Gopi @ Santha Gopi on 7 April, 2022
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
CON.CASE(C) NO. 1090 OF 2020
AGAINST THE JUDGMENT IN WP(C).NO.27169/2014 OF THE HIGH
COURT OF KERALA
PETITIONERS/PETITIONERS 1, 8 & 3 TO 6 IN WP(C):
1 SANTHAMMA GOPI @ SANTHA GOPI, AGED 56 YEARS,
W/O. GOPI, KARIKKALLIL, VATHIKUDY, IDUKKI
DISTRICT.
2 SHAJU T. N., AGED 46 YEARS,
S/O. NARAYANAN, THURUTHEL HOUSE, URULANTHANNI
P. O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT
- 686 681.
3 AMMINI, W/O. LATE MADHAVAN, THADATHIL HOUSE,
SOUTH MARADI P. O., MUVATTUPUZHA, ERNAKULAM
DISTRICT.
4 AYYAPPAN MOHANAN @ RAMANKUTTY,
VELAMPARAMBIL HOUSE, KANJIKUZHI KARA,
THODUPUZHA, NOW AT PAZHAYARIKANDAM P. O.,
IDUKKI.
5 KUMARAN, S/O. GANAPATHY, 150 F, MACHIPLAVU
KUDI, MACHIPLAVU P. O., IDUKKI.
6 PRABHAKARAN, AGED 64 YEARS,
S/O. RAMAN, THEVARKUZHIYIL HOUSE,
KANJIKUZHI P. O., IDUKKI.
BY ADVOCATES SRI.A.X.VARGHESE & SRI.A.V.JOJO
RESPONDENTS/RESPONDENTS IN WP(C):
1 DR.ASHA THOMAS IAS,
SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE,
SECRETARIAT, STATE OF KERALA,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DR. A. JAYA THILAK IAS,
THE SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..2..
3 H. DINESAN IAS,
THE DISTRICT COLLECTOR, IDUKKI, PIN - 685 603.
4 SANJAYAN KUMAR IFS,
THE CHIEF FOREST CONSERVATOR, OFFICE OF THE
CHIEF FOREST CONSERVATOR, REGIONAL SOUTH,
KOLLAM - 691 001.
5 G. V. R. KANNAN,
THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION,
DEVIKULAM, PIN - 685 613.
6 ARUN K. NAIR
THE FOREST RANGE OFFICER, NERIAMANGALAM RANGE
OFFICE, IDUKKI, PIN - 686 693.
SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER
(FOREST)
THIS CONTEMPT OF COURT CASE HAVING BEEN FINALLY
HEARD ON 07.04.2022 ALONG WITH REVIEW PETITION
NO.968/2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..3..
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
R.P. NO.968 OF 2020
AGAINST THE JUDGMENT IN WP(C).NO.27169/2014 OF THE HIGH
COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN WP(C):
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF FOREST AND WILD LIFE,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 THE DISTRICT COLLECTOR,
IDUKKI - 685 603.
4 THE CHIEF FOREST CONSERVATOR,
OFFICE OF THE CHIEF FOREST CONSERVATOR,
REGIONAL SOUTH, KOLLAM - 691 001.
5 THE DIVISIONAL FOREST OFFICER,
MUNNAR DIVISION, DEVIKULAM, PIN - 685 613.
6 THE FOREST RANGE OFFICER,
NERIAMANGALAM RANGE OFFICE,
IDUKKI, PIN - 686 693.
BY SRI.T.P.SAJAN, SPECIAL GOVERNMENT PLEADER
(FOREST)
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..4..
RESPONDENTS/PETITIONERS AND ADDL.8TH PETITIONER IN WP(C):
1 SANTHAMMA GOPI @ SANTHA GOPI,
S/O.GOPI, KARIKKALLIL, VATHIKUDY,
IDUKKI DISTRICT.
2 KARTHIAYANI JANAKI @ AMMINI NARAYANAN
THURUTHEL HOUSE, PAZHAYARIKANDAM P.O.,
KANJIKUZHI VILLAGE, IDUKKI DISTRICT.
3 AMMINI, W/O.LATE MADHAVAN,
THADATHIL HOUSE, SOUTH MARADI P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT.
4 AYYAPPAN MOHANAN @ RAMANKUTTY,
VELAMPARAMBIL HOUSE, KANJIKUZHI KARA, THODUPUZHA
NOW AT PAZHAYARIKANDAM P.O., IDUKKI.
5 KUMARAN, S/O.GANAPATHY,
150F, MACHIPLAVU KUDI, MACHIPLAVU P.O., IDUKKI.
6 PRABHAKARAN,
S/O.RAMAN, THEVARKUZHIYIL HOUSE,
KANJIKUZHI P.O., IDUKKI.
7 VIJAYAMMA,
D/O.KUMARAN, ERUVALIKKAL HOUSE,
KANJIKUZHI P.O., IDUKKI.
ADDL.8 SHAJU T.N.,
S/O.NARAYANAN, THURUTHEL HOUSE, URULANTHANNI
P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT -
685 681.
BY ADV SRI.A.X.VARGHESE
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
07.04.2022, ALONG WITH CON. CASE (C).NO. 1090/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..5..
ALEXANDER THOMAS, J.
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Cont. Case (C) No. 1090 of 2020
&
R.P. No. 968 of 2020
(arising out of impugned judgment dated 30.1.2019 in
WP(C).No.27169/2014)
--------------------------------------------------------------------
Dated this the 7th day of April, 2022
COMMON JUDGMENT
Cont. Case (C) No. 1090 of 2020
Sri.T.P.Sajan, learned Special Government Pleader submits
on the basis of instructions that the competent revenue authorities
have already issued pattayam to 6 out of the 7 petitioners, and as
regards the 7th petitioner, there is dispute between the LRS of the
deceased predecessor, and therefore the pattayam can be granted,
only after resolution of dispute, to the lawfully entitled claimant.
Accordingly, Sri.T.P.Sajan, learned Special Government Pleader
would submit on behalf of the respondents that the above
Contempt of Court case is only to be closed.
2. Sri.A.X.Varghese, learned counsel instructed by
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..6..
Sri.A.V.Jojo, learned counsel appearing for the petitioners has no
serious dispute to the factual correctness of the abovesaid
submissions made by the learned Special Government Pleader,
and to accordingly close this Contempt case. However, it is
directed that after the final resolution of the dispute between the
LRS of the deceased predecessor of the 7th petitioner, the
competent revenue authorities may ensure that steps for allotment
of pattayam to the lawfully entitled claimant, is duly completed
without any delay thereafter.
3. Recording the abovesaid submissions of both sides,
and with the said directions, the above Contempt of Court case will
stand disposed of.
R.P. No. 968 of 2020
4. Sri.T.P.Sajan, learned Special Government Pleader
appearing for the review petitioner would submit that, in view of
the subsequent developments, more so, in the light of the closure
of the above Contempt of Court case, the matters raised in this
review petition have become practically infructuous, and the case
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..7..
may be closed accordingly.
5. Before closing these matters, this Court would place on
record the appreciation for the earnest efforts taken by the
previous Special Government Pleader Sri.K.Sandesh Raja, and the
present Special Government Pleader Sri.T.P.Sajan, for facilitating
the proper and effective resolution of abovesaid issues.
6. Recording the said submission of the petitioners, the
above Review Petition will stand disposed as infructuous.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
Cont. Case (C) No. 1090 of 2020 &
R. P. No. 968 of 2020
..8..
APPENDIX OF CON. CASE (C) NO. 1090/2020
PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED
30.1.2019 IN WP(C) 27169/2014 OF THIS
HON'BLE COURT.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN
W.A.1863/19 DATED 4.10.2019.
ANNEXURE A3 TRUE COPY OF THE FORWARDING LETTER
ISSUED TO THE RESPONDENTS 5 AND 6
DATED 27.03.2019.
ANNEXURE A4 TRUE COPY OF THE ACKNOWLEDGMENT CARDS.
ANNEXURE A5 TRUE COPY OF THE WRITTEN SUBMISSION OF
THE PETITIONERS DATED 21.03.2019.
ANNEXURE A6 TRUE COPY OF THE FORWARDING LETTER
ISSUED TO THE 3RD RESPONDENT DATED
27.03.2019.
ANNEXURE A7 TRUE COPY OF THE ACKNOWLEDGMENT CARDS.
ANNEXURE A8 TRUE COPY OF THE FORWARDING LETTER
ISSUED TO THE 5TH RESPONDENT DATED
27.03.2019.
ANNEXURE A9 TRUE COPY OF THE ACKNOWLEDGMENT CARDS.
RESPONDENTS' ANNEXURE:
ANNEXURE R3(A) TRUE COPY OF THE ORDER NO.C3-2254/2018
DATED 09.10.2020
