Citation : 2022 Latest Caselaw 4193 Ker
Judgement Date : 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. 1398 OF 2021
AGAINST THE JUDGMENT IN WP(C).NO.35708/2018 OF THE HIGH
COURT OF KERALA
PETITIONER/PETITIONER:
1 RAJAGOPALAN K.,
S/O. LATE APPUNNI, KANJIRAMGATTIL, SAHYADRI
COLONY, CHANDRANAGAR, PALAKKAD
2 ANCY JOSE K.,
IPP CENTRE, KODUMBU, PALAKKAD.
BY ADVS. M/S. P.R.VENKATESH & G.KEERTHIVAS
RESPONDENTS/1ST RESPONDENT:
ALIAMMA, SPECIAL TAHSILDAR, LAND TRIBUNAL,
OTTAPALAM (ERSTWHILE LAND TRIBUNAL, PALAKKAD-II
679 101
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Cont. Case (C) No. 1398/2021
..2..
ALEXANDER THOMAS, J.
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Cont. Case (C) No. 1398 of 2021
(arising out of impugned judgment dated 1.11.2018 in
WP(C).No.35708/2018)
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Dated this the 7th day of April, 2022
JUDGMENT
Today, when the matter has been taken up for consideration,
Sri.Saigi Jacob Palatty, learned Senior Government Pleader, would
submit on the basis of instructions that the direction to the
respondent Land Tribunal, Palakkad, to consider and dispose of
the O.A. has now been complied with, and orders have been passed
in the said O.A. as per order dated 9.3.2022.
2. However,Sri.P.R.Venkatesh, learned counsel appearing
for the petitioners would submit that the petitioners are
aggrieved by the directions in the said proceedings to the extent
there is a direction that the petitioners will have to initiate fresh
Suo Motu proceedings, which according to the petitioners is
unwarranted in the light of the judgment of this Court in Cont. Case (C) No. 1398/2021
..3..
CRP (LR) No.288/2012, and that liberty may be accorded by this
Court to the petitioners herein, to challenge that part of the order
of the Land Tribunal, to the extent the petitioners have the
abovesaid complaint.
3. It is made clear that in case, the petitioners have any
legally justiciable grievances in relation to the abovesaid decision
taken by the Tribunal, then they will be at liberty to workout their
remedies in the manner known to law, and all contentions
available to them in law are left open to be raised and decided in
such appropriate proceedings.
Recording the submissions of both sides, and with the said
liberty, the above Contempt of Court case will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG Cont. Case (C) No. 1398/2021
..4..
APPENDIX OF CON.CASE(C).NO.1398/2021
PETITIONERS' ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE LETTER DATED 25-07-2019 ISSUED BY THE PETITIONER THROUGH COUNSEL.
ANNEXURE 2 TRUE COPY OF THE LETTER DATED 22-10-2019 ISSUED BY THE PETITIONER THROUGH COUNSEL.
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