Citation : 2022 Latest Caselaw 2699 Ker
Judgement Date : 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
CON.CASE(C) NO. 164 OF 2022
AGAINST THE JUDGMENT IN WP(C) 17347/2021 OF HIGH COURT OF KERALA
PETITIONER:
KURIAN VARGHESE
AGED 73 YEARS
S/O.VARGHESE KURIAN, RESIDING AT VENGAL MADAYIL,
NEDUMPRAM PANCHAYATH, NEDUMPRAM VILLAGE.
BY ADVS.
V.RAMKUMAR NAMBIAR
APOORVA RAMKUMAR
RESPONDENTS:
VISHNU RAJ
FATHER'S NAME NO KNOWN, AGED ABOUT 45 YEARS, THE
REVENUE DIVISIONAL OFFICER, P.O.FORT KOCHI,
ERNAKULAM - 682 001.
SMT.K.AMMINIKUTTY, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO.164/2022 2
JUDGMENT
This Contempt of Court case has been filed with
the allegation that, in spite of the specific
directions of this Court in the judgment dated
27/08/2021, the respondent has not yet completed
proceedings for fixing the Fair Value of the
properties involved.
2. The afore submissions of Sri.V.Ramkumar
Nambiar - learned counsel for the petitioner, were
controverted by the learned Senior Government
Pleader - Smt.K.Amminikutty, saying that, pending
this contempt case, the Fair Value of the properties
involved has been already determined and that steps
for its publication, under the provisions of Section
28 of the Kerala Stamp Act, is underway. She
submitted that this will be concluded without any
avoidable delay.
3. On hearing the learned Senior Government
Pleader as afore, Sri.V.Ramkumar Nambiar submitted
that if orders have already been issued determining
the Fair Value, then this Court may direct its
publication within a time frame.
4. Even though I do not propose to fix a time
frame for such purpose, the fact remains that it is
the obligation of the respondent to publish the
determined Fair Value as per law.
I, therefore, close this contempt case,
recording the afore submissions of the learned
Senior Government Pleader; with an adscititious
direction to the respondent to ensure that
publication of the determined Fair Value is done as
expeditiously as is possible, without any avoidable
delay.
Needless to say, the statutory liberty of the
petitioner to prefer Appeals against the determined
Fair Value is also reserved; for which purpose, all
contentions are left open.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/11.3
APPENDIX OF CON.CASE(C) 164/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.17347/2021 DATED 27/08/2021.
Annexure A2 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 16/9/2021.
Annexure A3 TRUE COPY OF THE ACKNOWLEDGMENT CARE SIGNED BY THE OFFICE OF THE RESPONDENT ON 17/9/2021.
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