Sunil Kumar K.R vs Nazer Km
2023 Latest Caselaw 7494 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                 CON.CASE(C) NO. 953 OF 2023
       AGAINST THE ORDER/JUDGMENT WP(C) 22269/2022 OF
                    HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:

          SUNIL KUMAR K.R
          AGED 40 YEARS
          S/O RAMACHANDRAN NAIR,
          KUNNATHUMADATHIL HOUSE, IRAMALLOOR P.O,
          KOTHAMANGALAM, ERNAKULAM, PIN - 686691

          BY ADVS.
          K.R.PRATHISH
          P.K.SREEVALSAKRISHNAN


RESPONDENT/RESPONDENT NO.3 IN WPC:

          NAZER KM
          AGED 45 YEARS
          THE TAHSILDAR (LR), KOTHAMANGALAM TALUK OFFICE,
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691


          ADV PREMCHAND R -GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case(C) No.953 of 2023

                                  2


                             JUDGMENT

Dated this the 7th day of July, 2023

The contempt petitioner alleged violation of the judgment

dated 28.09.2022 in W.P.(C) No.22269 of 2022. This Court as

per the said judgment directed the respondents as follows:

"The 1st respondent-Revenue Divisional Officer is therefore directed to dispose of Ext.P2 application submitted by the petitioner after adverting to the LLMC Report within a period of two months. On the petitioner producing a copy of the order passed on Ext.P2, the 3rd respondent-Tahsildar shall pass appropriate orders on Ext.P6-Form A application within a further period of one month."

2. The petitioner alleges that in spite of the direction

given to the 3rd respondent-Tahsildar to consider Ext.P6 Form-A

application, the Tahsildar has issued Annexure A3 proceedings

dated 12.01.2023 stating that the petitioner has to approach the

Revenue Divisional Officer under the Kerala Conservation of

Paddy Land and Wetland Act, 2008.

3. I find that the direction was to consider Ext.P6 Form-

A application of the petitioner. After considering the Form-A Con.Case(C) No.953 of 2023

application, the Tahsildar has passed an order stating that the

petitioner has to resort to the provisions of the Kerala

Conservation of Paddy Land and Wetland Act, 2008. As a

decision has been taken by the Tahsildar, if the petitioner is

aggrieved by Annexure A3 proceedings, the petitioner will have

to challenge it in accordance with law in appropriate

proceedings.

In the circumstances, I do not find any prima facie

contempt in the matter. The Contempt of Court Case is

therefore dismissed, granting liberty to the petitioner to

challenge Annexure A3 proceedings of the Tahsildar, if the

petitioner is so advised.

Sd/-

N.NAGARESH JUDGE spk Con.Case(C) No.953 of 2023

APPENDIX OF CON.CASE(C) 953/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER OF THE RDO, MUVATTUPUZHA DATED 23.05.2015 Annexure A2 TRUE COPY OF THE ORDER OF RDO, MUVATTUPUZHA DATED 31.12.2022 Annexure A3 TRUE COPY OF THE PROCEEDINGS DATED 12.01.2023 OF TAHSILDAR, KOTHAMANGALAM