Achakutty vs Swapna
2022 Latest Caselaw 2731 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                 TH
   FRIDAY, THE 11   DAY OF MARCH 2022 / 20TH PHALGUNA, 1943

                CON.CASE(C) NO. 2138 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 13699/2020 OF HIGH COURT
                          OF KERALA

PETITIONER/S:

    1      ACHAKUTTY
           AGED 79 YEARS
           W/O.LATE P.T.MATHAI,
           RETIRED NURSING SUPERINTENDENT,
           PUTHENPURAKKAL HOUSE, KUREEKKAD P.O.,
           ERNAKULAM, PIN - 682 305.

    2      P.M.SAJI
           AGED 54 YEARS
           S/O.LATE P.T.MATHAI,
           ADVOCATE, PUTHENPURAKKAL HOUSE, KUREEKKAD P.O.,
           ERNAKULAM, PIN - 682 305.

           BY ADV R.LAKSHMI NARAYAN

RESPONDENT/S:

    1      SWAPNA
           FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
           EXECUTIVE ENGINEER,
           PWD ROADS AND BRIDGES DIVISION,
           ERNAKULAM, PALARIVATTOM - EDAPPALLY RD.,
           NEAR NGO QUARTERS, DEVANKULANGARA, MAMANGALAM,
           EDAPPALLY, ERNAKULAM, KERALA - 682 024.

    2      TONY JOSE
           FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
           ASSISTANT EXECUTIVE ENGINEER,
           OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
           PWD ROAD SECTION, LAYAM RD., TRIPPUNITHURA - 682 301.

           BY ADVS.
           ADVOCATE GENERAL OFFICE KERALA
           SMT ANIMA M, GOVERNMENT PLEADER(GP-1)

     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. 2138 OF 2021

                                      2




                                JUDGMENT

This contempt case is filed complaining of non-compliance of the

directions issued by this Court in the judgment dated 17.03.2021 in W.P.(C.)

No. 13699 of 2020.

2. An affidavit has been filed by the 1st respondent as directed by this

Court. Relying on Annexure-R1(a) to R1(c), it is stated that the entire

encroachments have been removed, though it does not extend to 33 square

meters.

3. Smt. Ranjanie, the learned Counsel appearing for the petitioners

submits that the petitioners intend to challenge the order passed by the

respondents fixing the revised area to be recovered and also the sketch

prepared and prays that directions be issued to the respondents to serve on

the petitioner, a copy of the order as sketch issued to enable them to pursue

the matter.

4. The learned pleader submitted that if an application is filed, the

petitioner being a party to the proceedings, copies of the order requested for

can be furnished.

CON.CASE(C) NO. 2138 OF 2021

5. In view of the submission, reserving the right of the petitioners

to initiate appropriate proceedings, if they are in any way aggrieved, this

contempt case is closed. I record the submission of the learned Government

Pleader that the documents requested for by the petitioners can be supplied

on an application being filed.

This Cont. Case is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs CON.CASE(C) NO. 2138 OF 2021

APPENDIX OF CON.CASE(C) 2138/2021

PETITIONER ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE JUDGMENT DATED 17/03/2021 IN WP(C) NO.13699 OF 2020.

Annexure A2 THE PHOTOCOPY OF LETTER DATED 21/6/2021 ISSUED TO THE 1ST RESPONDENT ALONG WITH THE POSTAL ACKNOWLEDGMENT CARD.

Annexure A3 THE PHOTOCOPY OF LETTER DATED 3/5/2021 ENCLOSING REPORT SUBMITTED BY THE 1ST RESPONDENT TO ADDITIONAL PRIVATE SECRETARY OF HON'BLE CHIEF MINISTER.

Annexure A4 THE PHOTOCOPY OF JUDGMENT DATED 10/08/2021 IN WP(C) NO.14823/2021.

Annexure A5 THE PHOTOCOPY OF JUDGMENT DATED 12/8/2021 IN C.C.C.NO.1250/2021.

Annexure A6 THE PHOTOCOPY OF THE LAWYER NOTICE DATED 08/10/2021.

Annexure A7 THE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD, EVIDENCING ACKNOWLEDGMENT OF ANNEXURE A6 BY THE 1ST RESPONDENT.

Annexure A8 THE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD BEARING DATED 11/10/2021, EVIDENCING RECEIPT OF ANNEXURE A7, BY THE 2ND RESPONDENT.

Annexure A9 THE PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE DISTRICT COLLECTOR, DATED 11.07.2014, PRODUCED AS EXT.P5 IN WPC NO. 13699/2020

Annexure A10 THE PHOTOCOPY OF THE PROCEEDINGS DATED 04.02.2016 ISSUED BY THE EXECUTIVE ENGINEER, FIRST RESPONDENT HEREIN, PRODUCED AS EXT. P10 IN WPC NO. 13699/2020 CON.CASE(C) NO. 2138 OF 2021

Annexure A11 THE PHOTOCOPY OF STATEMENT DATED 03.02.2020 FILED BY THE TAHSILDAR (LR) KANAYANNUR TALUK, IN THE ABOVE REFERRED WRIT PETITION (CIVIL)

Annexure A12 THE PHOTOGRAPHS OF THE ENCROACHED SITE, AFTER THE DEMOLITION OF THE COMPOUND WALL.

RESPONDENT ANNEXURES

Annexure R1(a) TRUE COPY OF THE LETTER DATED 05.01.2022 ISSUED BY THE TAHSILDAR(LR)

Annexure R1(b) TRUE COPY OF THE FORM 'C'

Annexure R1(c) TRUE COPY OF THE LETTER DATED 18.02.2022 ISSUED BY THE TAHSILDAR (LR) KANAYANNUR TO THE ASSISTANT ENGINEER, ROADS DIVISION, TRIPUNITHURA

Annexure R1(d) TRUE COPY OF THE PHOTOGRAPHS EVIDENCING DEMOLITION OF THE STRUCTURES ERECTED IN THE ROAD PURAMBOKE AND REMOVAL OF ENCROACHMENT