Beefathumma vs Asker Ali
2022 Latest Caselaw 10213 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944

                          CON.CASE(C) NO. 1372 OF 2022

         AGAINST THE JUDGMENT IN WP(C) 5085/2018 OF HIGH COURT OF KERALA



PETITIONER/PETITIONER:


              BEEFATHUMMA
              AGED 66 YEARS
              D/O LATE SAINUL ABID, PUTHIYATHAKAL,DARUL BARKAT,
              KILTAN ISLAND,U.T OF LAKSHADWEEP
              PIN -682555, PIN - 682555

              BY ADVS.
              ANZIL SALIM
              LAL K.JOSEPH
              P.MURALEEDHARAN (THURAVOOR)
              T.A.LUXY
              SURESH SUKUMAR
              KOYA ARAFA MIRAGE
              SANJAY SELLEN


RESPONDENTS/RESPONDENTS 2 TO 5:



     1        ASKER ALI
              DISTRICT COLLECTOR,
              OFFICE OF THE COLLECTOR,
              KAVARATTI ISLAND,
              U.T OF LAKSHADWEEP
              PIN-682555, PIN - 682555

     2        C.N. SHAJAHAN
              SUPERINTENDING ENGINEER,
              LAKSHADWEEP PUBLIC WORKS DEPARTMENT(LPWD),KAVARATTI ISLAND,U.T
              OF LAKSHDWEEP-682555, PIN - 682555

     3        A.P. SHARAFFUDDIN
              EXECUTIVE ENGINEER,
              LAKSHADWEEP PUBLIC WORKS DEPARTMENT(LPWD),KAVARATTI ISLAND,
              U.T OF LAKSHADWEEP - 682555, PIN - 682555

     4        MOHAMMED KOYA
              ASSISTANT ENGINEER,
              LAKSHADWEEP PUBLIC WORKS DEPARTMENT(LPWD), SUB-DIVISION,KILTAN
              ISLAND,
              U.T OF LAKSHADWEEP -682558, PIN - 682558
 CON.CASE(C) NO. 1372 OF 2022

                                     2



            BY ADVS.
            SAJITH KUMAR V.




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON

15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CON.CASE(C) NO. 1372 OF 2022

                                       3




                               JUDGMENT

This Contempt Case has been filed on the allegation that in spite

of the directions of this Court, no action has been taken by the

respondent for acquisition of the property of the petitioner.

2. However, when this matter was called today, Sri.V.Sajith

Kumar - learned counsel appearing for the respondent, submitted that

a notification under Section 4(1) of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, has been issued and that the acquisition will

be completed not later than six months from today, in compliance with

the procedure under the said Act. He added that, an application has

also been filed in the writ petition for extension of time.

Recording the afore submissions, I close this Contempt Case;

however, leaving full liberty to the petitioner to approach this Court

for a re-hearing of this matter, in case, consequent action to the

notification stated to have been issued is not completed within a

period of seven months from the date of receipt of a copy of this

judgment.

SD/-

DEVAN RAMACHANDRAN JUDGE rp CON.CASE(C) NO. 1372 OF 2022

APPENDIX OF CON.CASE(C) 1372/2022

PETITIONER ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 10.09.2021 IN WP(C) NO. 5085/2018

ANNEXURE A2 THE TRUE COPY OF THE REPRESENTATION DATED 08.11.2021 SENT TO THE 1ST RESPONDENT HEREIN (2ND RESPONDENT IN THE WRIT PETITION)

ANNEXURE A2(A) TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 17.11.2021 EVIDENCING RECEIPT OF ANNEXURE A2

ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 08.11.2021 SENT TO THE 2ND RESPONDENT HEREIN (3RD RESPONDENT IN THE WRIT PETITION)

ANNEXURE A3(A) THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 16.11.2021 EVIDENCING RECEIPT OF ANNEXURE A3

RESPONDENT ANNEXURES

ANNEXURE R1(A) A TRUE COPY OF THE LETTER F.NO.106/27/2020-

S3(1)/613 DATED 29.03.2022 ISSUED ON BEHALF OF THE 2ND PETITIONER HEREIN

ANNEXURE R1(B) A TRUE COPY OF NOTIFICATION F.NO.34/17/2019-LR DATED 22.08.2022 ISSUED BY THE 1ST PETITIONER HEREIN