Kerala High Court
Pappy Kumaran vs S.Suhas, I.A.S, District ... on 11 January, 2023
Con.Case(C) No.2504/2019 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Wednesday, the 11th day of January 2023 / 21st Pousha, 1944
IA.NO.1/2023 IN CONTEMPT CASE(C) NO. 2504 OF 2019 IN WP(C) NO.36428/2018
APPLICANT/PETITIONER IN THE CONTEMPT CASE (CIVIL):
PAPPY KUMARAN, AGED 87 YEARS, W/O. LATE KUMARAN, PANDARAPPARAMBIL
HOUSE, KONAM ROAD, PERUMBADAPPU, PALLURUTHY P.O., ERNAKULAM - 682
006.
RESPONDENTS/RESPONDENTS IN THE CONTEMPT CASE (CIVIL):
1. S.SUHAS, I.A.S, DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM - 682 030.
2. MANIKUTTY R., SECRETARY, MULAVUKAD GRAMA PANCHAYATH, MULAVUKAD P.O.,
ERNAKULAM - 682 504,
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept Annexure-A3
to A5 documents on record in this Contempt Case(C)
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of S.PRASANTH (AYYAPPANKAVU), SMT.VARSHA BHASKAR, SRI.JYOTHISH D.MONY,
Advocates for the petitioners in IA/COC, GOVERNMENT PLEADER for R1 in
IA/COC and of Smt. REKHA VASUDEVAN, Standing Counsel for R2 in IA/COC for
the respondents, the court passed the following:
P.T.O.
Con.Case(C) No.2504/2019 2/5
ALEXANDER THOMAS, J.
======================================
I. A. No. 1 of 2023 in
Cont. Case (C) No. 2504 of 2019
&
Cont. Case (C) No. 2504 of 2019
(arising out of the impugned judgment dated 22.2.2019 in
W.P.(C) No.36428/2018)
======================================
Dated this the 11th day of January, 2023
ORDER
I. A. No. 1/2023 in Cont. Case (C) No. 2504/2019
This is an application to accept additional documents
produced as Anxs. A-3 to A-5 along with this application.
2. The learned counsel for the applicant/petitioner submits
that Anx.A-3 is the request made by the applicant, under the RTI
Act, for disclosing certain information regarding the availability of
Puramboke lands in the respondent Mulavukad Grama Panchayath
and Anx.A-4 is the order of the Tahsildar concerned in that regard
and that, Anx.A-5 is the extract of the revenue records with respect
to Puramboke lands in Mulavukad Village, as made available
by the Tahsildar concerned. The learned counsel for the
applicant/petitioner would further submit that, Anx.A-5 would show
the availability of large extents of Puramboke lands in the
Mulavukad Village and the contra contention of the revenue
authorities regarding non availability of lands is incorrect and
Con.Case(C) No.2504/2019 3/5
I. A. No. 1 of 2023 in
Cont. Case (C) No. 2504 of 2019 &
Cont. Case (C) No. 2504 of 2019
..2..
Anx.A-5 would prove that, etc.
3. Having regard to the pleas in this application, it is
ordered, in the interest of justice, that Anxs. A-3 to A-5 produced
along with this application will stand accepted as additional
documents to form part of the records of the main Contempt case.
However, this will be without prejudice to the contentions of the
other side.
With these observations and directions, the above I.A. will
stand disposed of.
Cont. Case (C) No. 2504/2019
The respondent District Collector and the respondent of
Mulavukad Grama Panchayath Secretary will immediately file
affidavits regarding the availability of Puramboke lands in
Mulavukad Village and as to the correctness of the details shown in
Anx.A-5 and as to which among those Puramboke lands shown in
Anx.A-5 are garden land/dry land and not paddy land (nilam) and
the extent of the land concerned. Detailed separate reports in this
regard shall be submitted by the District Collector, Ernakulam and
Con.Case(C) No.2504/2019 4/5
I. A. No. 1 of 2023 in
Cont. Case (C) No. 2504 of 2019 &
Cont. Case (C) No. 2504 of 2019
..3..
the respondent Mulavukad Grama Panchayath Secretary, within
3 weeks.
2. Smt.Rekha Vasudevan, learned Standing Counsel for the
respondent Mulavukad Grama Panchayath, submits that she has not
been served with a copy of the above additional affidavit, that has
produced the additional documents.
3. The counsel for the petitioner undertakes that, copy of
the said additional affidavit will be served on both the learned Senior
Government Pleader and the learned Standing Counsel for the
Grama Panchayath, within a day or two.
List the case on 13.2.2023.
Hand over.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
11-01-2023 /True Copy/ Assistant Registrar
Con.Case(C) No.2504/2019 5/5
APPENDIX OF CON.CASE(C) 2504/2019
Annexure A3 TRUE COPY OF THE APPEAL APPLICATION
Annexure A4 TRUE COPY OF THE ORDER NO S.4-5197/2022 DATED
06.04.2022 ISSUED BY THE TAHASILDAR
Annexure A5 TRUE COPY OF THE EXTRACT OF THE REVENUE RECORDS
CONTAINING SURVEY NO. AND EXTENT DATED 21.07.2022
ISSUED BY VILLAGE OFFICER MULAVUKAD VILLAGE
11-01-2023 /True Copy/ Assistant Registrar
