Kerala High Court
T.L.Radhamma vs S.Sreekala on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 20th day of January 2023 / 30th Pousha, 1944
IA.NO.1/2022 IN CONTEMPT CASE(C) NO. 1655 OF 2019(S) IN WP(C) 30768/2018
PETITIONER:
T.L.RADHAMMA, W/O. GOPALAN, KANYATHU HOUSE,
KANGARAPPADY, VDACODE P.O, 682 021, ERNAKULAM.
RESPONDENTS:
1. S.SREEKALA AGRICULTURAL OFFICER, KALAMASSERY - ERNAKULAM - 682
021.
2. SNEHIL KUMAR, REVENUE DIVISIONAL OFFICER, FORT KOCHI - 682 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to re-open/resurrect
the above contempt case in the interest of justice.
This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof,and this Court's
judgment dated 22.11.2019 in COC and upon hearing the arguments of M/S.
L. RAM MOHAN & M. AUBREY ABRAHAM ISAAC, Advocates for the petitioner in
IA/COC and of GOVERNMENT PLEADER for the respondents in IA/COC, the
court passed the following:
P.T.O.
SHAJI P. CHALY, J
=================
Con.Case (C) No. 1655 of 2019
==============================
DATED THIS THE 20th DAY OF JANUARY, 2023.
ORDER
I.A.No. 1 of 2022
In view of the contentions advanced in the application for
re-opening the contempt proceedings, I am satisfied that there
are sufficient grounds for reopening the contempt proceedings
especially due to the fact that the directions contained in the
judgment in W.P.(C.) No. 30768/2018 is of the year 2018.
Therefore, the contempt petition is re-opened.
I.A.No. 2 of 2022
This an application filed to substitute the second
respondent with the person sought to be substituted.
The substitution petition is allowed. Registry is directed to
carry out necessary amendment to the cause title accordingly.
Con.Case (C) No. 1655 of 2019
This contempt petition is filed complaining that the
directions contained in the judgment dated 19.09.2018 in W.P.
(C.) No. 30768/2018 to the Revenue Divisional Officer, Fort
Kochi is not complied with. However, when this contempt
petition was taken up on an earlier occasion, it was submitted
that an order was passed by the Revenue Divisional Officer
declining the application, since it was not submitted in the
format in accordance with the Kerala Conservation of Paddy
Land and Wetland Rules. Then, Sri. Ram Mohan L., learned
counsel for the petitioner, submitted that the petitioner was not
served with a copy. Accordingly, a direction was issued by this
Court on 23.12.2022 which reads as follows:-
"Learned Senior Government Pleader, on a
previous posting submitted that already orders are
passed in accordance with the directions contained in
the judgment. However, today when the matter is
taken up, learned counsel for petitioner - Sri. Ram
Mohan L., submitted that so far petitioner has not
received any order from the Revenue Divisional Officer.
Therefore, learned Senior Government Pleader is
directed to instruct the respondents to forward a copy
of the order passed by Registered post, to the
petitioner.
Post after two weeks."
2. However, today when the matter is taken up, learned
counsel for the petitioner submitted that in spite of the direction
issued by this Court, the order is not communicated and the
order what is communicated is an order passed by the Local
Level Monitoring Committee on an earlier occasion. It is quite
evident and clear that the Revenue Divisional Officer was
directed to consider an application under Section 27A of the
Kerala Conservation of Paddy Land and Wetland Act, 2008.
Anyhow, the learned counsel for the petitioner submitted that as
per the direction issued from the office of the Revenue Divisional
Officer, a fresh application is submitted on 13.01.2023, since the
extent of the property is exceeding 50 cents.
3. In that view of the matter and taking into
consideration, the pendency of the application of the petitioner
from the year 2018, there will be a direction to the Revenue
Divisional Officer, Fort Kochi to consider the application
submitted by the petitioner on 13.01.2023 and take a decision,
within three weeks from today, failing which the second
respondent shall be present before this Court on 15.02.2023.
Post on 15.02.2023.
Sd/-
SHAJI P. CHALY
JUDGE
DCS/20.01.2023
20-01-2023 /True Copy/ Assistant Registrar
