E.V. Pavithran vs Smt. Reena Raphel
2022 Latest Caselaw 11908 Ker

Con.Case(C) No.1673/2021                       1/4

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
          Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
               CONTEMPT CASE(C) NO. 1673 OF 2021(S) IN WP(C) 15553/2020
      PETITIONER/PETITIONER:

                E.V. PAVITHRAN, AGED 85 YEARS,S/O.VELAYUDHAN,

                EDAVANA PREM NIVAS, CANAL ROAD, NORTH PARAVUR,

                ERNAKULAM DISTRICT, PIN - 683 513.

            BY ADV. SRI.P.M.POULOSE
      RESPONDENTS/RESPONDENTS 2 TO 4:

          1. SMT. REENA RAPHEL, THE SECRETARY, THE CHENNAMANGALAM GRAMA
             PANCHAYATH, CHENNAMANGALAM, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN
             - 683 513.
          2. MR. DINESHAN H. IAS, THE DIRECTOR OF PANCHAYATS,. GOVERNMENT OF
             KERALA, THIRUVANANTHAPURAM,PIN-695 001.
          3. MR. K.J. JOY, THE DEPUTY DIRECTOR OF PANCHAYATS, HOSPITAL ROAD,
             NEAR MCRV MEN'S HOSTEL 11, SHENOYS ERNAKULAM,PIN-682 011

            ADVS. M/S.DEEPA NARAYANAN,K.SUJAI SATHIAN,ASHA MARIAM MATHEWS FOR R1
            SENIOR GOVERNMENT PLEADER FOR R2 & R3.

        This Contempt of court case (civil) having come up for orders on
   21.12.2022, the court on the same day passed the following:


                                                                     P.T.O.
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                              ALEXANDER THOMAS, J.
                           ===========================
                             Cont.Case (C) No.1673 of 2021
                 [arising out of the judgment dated 17.08.2020 in W.P(C) No.15553/2020]
                                         &
                                Unnumbered R.P of 2020
                                    (Filing No.42231 of 2020)
                           ===========================
                            Dated this the 21st day of December, 2022

                                             ORDER

Cont.Case (C) No.1673/2021

The learned Senior Government Pleader would submit on the basis

of instructions that pursuant to the directions issued by this Court, in

consideration of the pleas made by the respondent-Panchayat and the

review petitioner, the Tahsildar has conducted the measurement of the

subject property through the Taluk Surveyor concerned on 29.11.2022

and on such survey and measurement, it has been found that the

disputed drainage ('Thodu') lies within the property of the petitioner and

that the respondent-Panchayat Secretary has not produced any

documents to establish their claim.

2. The learned counsel for the review petitioner submits that a

short time may be granted to him to get instructions.

3. The learned Senior Government Pleader may ensure that a

statement is filed on behalf of the Tahsildar or Taluk Surveyor regarding

the abovesaid survey and measurement and the outcome of the same.

 Con.Case(C) No.1673/2021                            3/4

      Cont.Case (C) No.1673 of 2021
                &
      Unnumbered R.P of 2020
      (Filing No.42231 of 2020)

4. Now, it appears that there cannot be any impediments for

the respondent-Panchayat Authorities and the respondent-Panchayat

Department, to comply with the directions in Annexure-1 judgment

dated 17.08.2020 in W.P(C) No.15553/2020, as the said inter partes

judgment has become final and conclusive and as the same has not

been altered, in the manner known to law.

List the COC on 11/01/2023 at 1.20 PM in the Chambers.

Unnumbered R.P of 2020 (Filing No.42231 of 2020)

Number the R.P provisionally and list the R.P along with COC

No.1673/2022 on 11/01/2023 at 1.20 PM in the Chambers.

Hand Over to both sides

Sd/-

                                                          ALEXANDER THOMAS
                                                                JUDGE
          vgd




21-12-2022                            /True Copy/                        Assistant Registrar
 Con.Case(C) No.1673/2021                     4/4

                           APPENDIX OF CON.CASE(C) 1673/2021
Annexure I                  CERTIFIED COPY OF JUDGMENT DATE 17.08.2020 IN WPC NO.
                            15553/2020.




21-12-2022                     /True Copy/                         Assistant Registrar