Sathyendranathan P K vs Sithara P U
2023 Latest Caselaw 8954 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
     THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
              CON.CASE(C) NO. 2549 OF 2022
     AGAINST THE JUDGMENT IN WP(C) 23603/2021 DATED
           10.01.2022 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:

         SRI.SATHYENDRANATHAN P K
         AGED 70 YEARS
         S/O GOPALAN, RESIDING AT PARAKANDI KAKKADAVATHU
         PARIJATHAM HOUSE, NALUTHARA KARA, MAHI VILLAGE,
         NALUTHARA P. O., MAHE DISTRICT, MAHE UNION
         TERRITORY, PIN - 673310
         BY ADVS.
         SUNDEEP ABRAHAM
         MADHU RADHAKRISHNAN


RESPONDENT/2ND RESPONDENT IN WPC:

         SITHARA P U
         (AGE NOT KNOWN TO THE PETITIONER) FATHER'S NAME
         (NOT KNOWN TO THE PETITIONER) TAHSILDAR (LR),
         MANANTHAVADY TALUK. MANANTHAVADY P.O., WAYANADU
         DISTRICT, PIN - 670645


         SRI.JAFFER KHAN Y.{SR.GP]


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME
UP FOR ADMISSION ON 14.08.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 CON.CASE(C) NO. 2549 OF 2022

                                  2


                           JUDGMENT

The petitioner asserts that the directions in the judgment

have not been complied with by the respondents, though he

concedes that a survey was conducted and an extent of 24.15

Acres identified. He, however asserts that this identification was in

error and that the land on the East of the areas claimed by him

ought to have been starting point of such measurement, contrary

to what has been done.

2. Sri.Jaffer Khan - learned Senior Government Pleader, in

response to the afore submissions of Sri.Sundeep Abraham -

learned counsel for the petitioner, submitted that, since this Court

had only directed an extent of 24.15 Acres to be identified, it has

been done as per law, but without taking into account those

extents which are already either in the possession of the

Government, or outstanding or outstanding in possession with third

parties. He argued that if the petitioner has any further grievance,

he will have to invoke his appropriate remedies.

3. I have considered the afore submissions, as also the

pleadings on record.

4. Evidently, the petitioner is unhappy in the manner in

which identification of the extent of 24.15 Acres has been done.

However, this is not an issue that can be considered by this Court

or resolved, while acting under contempt jurisdiction. As rightly CON.CASE(C) NO. 2549 OF 2022

argued by the learned Senior Government Pleader, petitioner will

have to invoke proper remedies, which I am certain is available.

In the afore circumstances, leaving open all remedies to the

petitioner, I close this Contempt Case, without entering into the

merits of any of the rival contentions.

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn CON.CASE(C) NO. 2549 OF 2022

APPENDIX OF CON.CASE(C) 2549/2022

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN WPC 23603/2021 DATED 10.01.2022 Annexure A2 TRUE COPY OF THE ORDER NO. G5-

2417/2020 DATED 18.08.2021 ISSUED BY THE TAHSILDAR Annexure A3 TRUE COPY OF THIS REPRESENTATION DATED 15.02.2022 SUBMITTED BY THE PETITIONER Annexure A4 TRUE COPY OF THE ORDER DATED 25.07.2022 IN G5-2417/2020 ISSUED BY THE 1ST RESPONDENT Annexure A5 TRUE COPY OF THE TAX RECEIPT DATED 05.08.2022 ISSUED BY THE VILLAGE OFFICER Annexure A6 TRUE COPY OF THIS DIRECTION OF THE 1ST RESPONDENT IN G5-2417/20 DATED 22.09.2022 Annexure A7 TRUE COPY OF THE REPRESENTATION DATED 29.09.2022 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Annexure A8 TRUE COPY OF THE LEGAL OPINION DATED 04.05.2022 IN WPC NO.23603/2021 FROM RTI Annexure A9(a) TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR PREPARED ON 18.07.2022 Annexure A9(b) TRUE COPY OF SKETCH OF THE TALUK SURVEYOR PREPARED ON 18.07.2022 Annexure A10 TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 29.10.2022 Annexure A11 TRUE COPY OF THIS REPLY DATED 31.03.2022 TO AN RTI REQUEST MADE BY THE PETITIONER Annexure A12 Re-Survey sketch of Field No. 95 in Block 4 (Not Final ) RESPONDENT ANNEXURES ANNEXURE R1(a) TRUE COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR, MANANTHAVADY, CON.CASE(C) NO. 2549 OF 2022

DATED 18.07.2022.

ANNEXURE R1(b) TRUE COPY OF THE ORDER OF THE TAHSILDAR (LR), MANANTHAVADY, DATED 25.07.2022.

TRUE COPY

P.A TO JUDGE

LSN