Binash David vs Shri. Vishnu Raj I A S
2022 Latest Caselaw 1886 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                         CON.CASE(C) NO. 1957 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 33299/2019 OF HIGH COURT OF KERALA


PETITIONER:

             BINASH DAVID, AGED 41 YEARS, S/O. JAMES ALIAS DAVID,
             KURUPPATH HOUSE, KONGORAPPILLY P.O., KOONAMMAVU,
             KARINGAMTHURUTHU KARA, ALANGAD VILLAGE, PARAVUR TALUK,
             ERNAKULAM, DISTRICT 683 518,
             REPRESENTED BY POWER OF ATTORNEY HOLDER ANJU BINASH,
             W/O. BINASH DAVID, KURUPPATH HOUSE, KONGORAPPILLY P.O.,
             KOONAMMAVU, KARINGAMTHURUTHU KARA, ALANGADU VILLAGE,
             PARAVUR TALUK, ERNAKULAM DISTRICT 683 518.

             BY ADVS.
             C.S.MANU
             DILU JOSEPH



RESPONDENT:

             SHRI. VISHNU RAJ I A S
             REVENUE DIVISIONAL OFFICER,
             FORT KOCHI, ERNAKULAM DISTRICT 682 001.
             (AGE AND FATHERS NAME OF THE RESPONDENT IS NOT KNOWN TO
             THE PETITIONER).

             SMT.K.AMMINIKUTTY SR.G.P.




     THIS     CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1957 OF 2021
                                   2


                               JUDGMENT

This contempt case has been filed on the allegation that,

in spite of the specific directions of this Court, the respondent

has not acted in terms of it until now.

2. However, when this matter was called today, the

respondent - Sri.Vishnu Raj, IAS, who is the Sub Collector, Fort

Kochi, was present in person and submitted that he has already

despatched a notice to the petitioner asking him to remit the

requisite amounts under Section 27A of the Kerala

Conservation of Paddy Land and Wetland Act. He added that as

soon as the petitioner remits the said amount, final orders

under the said provision will be issued.

3. Sri.Anupaman Asad, learned counsel for the petitioner,

submitted that his client has not yet received any notice from

the respondent.

4. In response, the learned Senior Government Pleader,

Smt.K.Amminikutty, submitted that the notice has already been

despatched to the petitioner and that she has materials to

prove it. She added that, however, she is willing to hand over a

copy of the notice to the learned counsel for the petitioner. She

submitted that the amounts fixed is Rs. 5,17,919/- CON.CASE(C) NO. 1957 OF 2021

5. In the afore circumstances, recording the afore

submissions of the learned Senior Government Pleader and

directing her to hand over a copy of the notice stated to have

been issued to the petitioner, under Section 27A of the Act with

respect to the fees to be remitted to the learned counsel for the

petitioner, I close this contempt case; however, clarifying that

the respondent shall ensure that final orders are issued in

terms of the judgment not later than one week from the date on

which the amounts are remitted by the petitioner.

As far as the petitioner is concerned, I also leave him

liberty, if he is unhappy with the amounts fixed against him, to

invoke and pursue necessary action as per law; for which

purpose all his contentions are left open.

Sd/- DEVAN RAMACHANDRAN JUDGE stu CON.CASE(C) NO. 1957 OF 2021

APPENDIX OF CON.CASE(C) 1957/2021

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 09.12.2019 IN WPC NO. 33503 OF 2019 PASSED BY THIS HONBLE COURT.

Annexure A1(A) TRUE COPY OF THE LETTER DATED 14.12.2019 ISEUD BY THE PETITIONERS COUNSEL TO THE RDO, FORT KOCHI, ERNAKULAM.

Annexure A1 (B) TRUE COPY OF THE POSTAL RECEIPT DATED 14.12.2019 ISSUED BY THE SPEED POST CENTRE, ERNAKULAM TO THE PETITIONER,.

Annexure A2 TRUE COPY OF THE REPRESENTATION DATED 23.9.2021 TO RDO, FORT KOCHI ALONG WITH SURVEY PLAN PREPARED BY THE TALUK SURVEYOR, NORTH PARAVUR IN RESPECT OF THE SUBJECT PROPERTIES UNDER THE APPLICATION.

Annexure A2 (A) TRUE COPY OF THE POSTAL RECEIPT DATED 23.9.2021 ISSUED BY THE SPEED POST CENTER, ERNAKULAM TO THE PETITIONER FOR HAVING SENT THE REPRESENTATION AND THE SURVEY PLAN.