Ajith Prabhakar vs Sakeer Hussain K.P
2022 Latest Caselaw 7066 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
      FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        CON.CASE(C) NO. 883 OF 2022
     AGAINST THE JUDGMENT IN WP(C) 24706/2021 DATED 3.12.2021


PETITIONER/PETITIONER:

             AJITH PRABHAKAR, AGED 54 YEARS
             S/O. LATE K. PRABHAKARAN NAIR,
             RESIDING AT "SOPANAM", SEN GUPTA ROAD,
             OTTAPALAM - PALAKKAD DISTRICT
             PIN - 679101

             BY ADV SANTHEEP ANKARATH


RESPONDENT/2ND RESPONDENT:

             SAKEER HUSSAIN K.P, (FATHER'S NAME AND AGE
             NOT KNOWN TO THE PETITIONER)
             TAHSILDAR (LAND RECORDS),
             OFFICE OF THE TAHSILDAR (LAND RECORDS),
             TALUK OFFICE, OTTAPALAM,
             PALAKKAD DISTRICT, PIN - 679101

             SMT PARVATHY K-GP


     THIS    CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC 883/22
                                       2



                             JUDGMENT

Though I do not propose to go into the merits of Annexure

A9 order - which is stated to have been issued in compliance

with the directions of this Court - I am certain that it does not

fully adhere to the tenor of the observations in the judgment.

2. I say so because, this Court had already, in the

judgment in question, found that the factum of the property in

question having been removed from the Data Bank, can only lead

to an inferential presumption that it was converted prior to the

year 2008. Annexure A9 order seems to go on an enquiry on this

aspect. I am certain that this could not have been done.

3. Presumably being aware of the mind of this Court as

afore, Smt.Parvathy K. - learned Government Pleader, submitted

that if this Court is not inclined to accept it, Annexure 9 will be

withdrawn and a fresh order issued, after hearing the petitioner,

without any further delay.

Resultantly, acceding to the request of the learned COC 883/22

Government Pleader as afore, I close this Contempt Case,

recording that Annexure A9 will be withdrawn; with a

consequential direction to the respondent to ensure that the

directions in the judgment are complied with, not later than two

months from the date of receipt of a copy of this order.

Needless to say, I leave liberty to the petitioner to

approach this Court with a fresh Contempt Case, if the afore

directions are also not complied with.

After I dictated this part of the order, the learned

Government Pleader also prayed that liberty may be reserved to

her client to approach this Court with a Review Petition, if so

found necessary. This liberty is certainly available.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                  JUDGE
 COC 883/22

APPENDIX OF CON.CASE(C) 883/2022

PETITIONER ANNEXURES MEMO OF CHARGES MEMO OF CHARGES ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 3.12.2021 IN WP(C) NO. 24706 OF 2021 OF THIS HON'BLE COURT.

ANNEXURE A2 TRUE COPY OF THE MEMO FILED BY THE GOVERNMENT PLEADER IN WP(C) NO.

27146/2020 ALONG WITH MINUTES OF THE MEETING OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 22.1.2021 ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 1.2.2021 IN WP(C) NO. 27146 OF 2020 PASSED BY THIS HON'BLE COURT.

ANNEXURE A4 TRUE COPY OF THE APPLICATION DATED 20.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT.

ANNEXURE A5 TRUE COPY OF LETTER NO. H2-2021/ 2879/9/400 DATED 25.9.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER.

ANNEXURE A6 TRUE COPY OF THE NOTICE DATED 5.2.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

ANNEXURE A7 TRUE COPY OF THE NOTICE DATED 1.4.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

ANNEXURE A8 TRUE COPY OF THE REPLY DATED 8.4.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

ANNEXURE A9 TRUE COPY OF ORDER NO. H.2.2021/ 2879/9/400 DATED 11.4.2022 ISSUED BY THE RESPONDENT.