Kerala High Court
P. Prabhakara Menon vs Mohanmed Shafeq, Ias on 12 June, 2023
Con.Case(C) No.314/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Monday, the 12th day of June 2023 / 22nd Jyaishta, 1945
CONTEMPT CASE(C) NO. 314 OF 2023(S) IN WP(C) 6210/2022
PETITIONER/PETITIONER:
P. PRABHAKARA MENON, AGED 81 YEARS, S/O AMMUKKUTTI AMMA,
KUNNATH PARIYADATH HOUSE, CEDAR GARDENS,
PERINGAVU, THRISSUR - 680 008.
BY ADVOCATE SMT. ASWINI SANKAR R.S.
RESPONDENTS/RESPONDENTS 3-5:
1. MOHANMED SHAFEQ, IAS, WORKING AS THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE RDO, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOL,
THRISSUR, KERALA - 680 003.
2. SANDEEP.M, WORKING AS TAHSILDAR (LAND RECORDS), TALUK OFFICE,
THRISSUR - 680 020.
3. JOSE.T.P, WORKING AS THE VILLAGE OFFICER, AYYANTHOLE VILLAGE
OFFICE, THRISSUR - 680 003.
BY GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
12.06.2023, the court on the same day passed the following:
P.T.O.
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Contempt Case (C).No.314 of 2023
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Dated this the 12th day of June, 2023
ORDER
I am not satisfied with the order passed by the Sub
Collector dated 06.06.2023. This is not in tune with the
directions in Annexure-A1 judgment. It will be better to
extract the relevant portion of Annexure-A1 judgment:
4. It is an admitted fact that the petitioner obtained an
order under the Kerala Land Utilization Order in 1986. It is
also clear from Ext.P9 that the Addl.Tahsildar, Thrissur
issued necessary direction to the Village Officer to issue a
possession certificate noting the same. Ext.P10 is the
possession certificate issued by the Village Officer, in which
it is clearly stated that the classification of the property is
'nilam' but with a remark that the property is already
converted as per Ext.P4 KLU Order. Thereafter, in Ext.P11
possession certificate, the classification is mentioned as
'nilam'. Subsequently, Ext.P12 is issued by the District
Collector, in which it is stated that the petitioner has to
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CO(C).No.314/2023
approach the authorities as per the provisions of the Act,
2008. In the light of Ext.P4, according to me, Ext.P12 will
not stand. Moreover, in the light of Ext.P10, the
classification mentioned in Ext.P11 will not stand. But,
the Government Pleader submitted that the property is
now included in the Data Bank. If that is the case, the
petitioner can file an application in Form-5 of the Act,
2008 and there can be a direction to the authorities
concerned to consider that application in the light of
the observations made in this judgment.
Therefore, this writ petition is disposed of with the
following directions :
1) The petitioner is free to submit a Form-5
application before the 3rd respondent within two
weeks from the date of receipt of a copy of this
judgment.
2) Once such an application is received, the 3rd
respondent will consider the same and pass
appropriate orders in it in the light of the findings
in this judgment, as expeditiously as possible, at
any rate, within one month from the date of
receipt of the Form 5 application.
3) Based on the same, consequential corrections in
the BTR will be carried out by the 4th respondent.
Without considering these observations, the order is
passed. I am of the prima facie opinion that the
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CO(C).No.314/2023
respondent committed contempt. The respondent will
appear in person before this Court on 10.07.2023 at 10.15
am. In the meanwhile, if the order is recalled, or if the
judgment is varied or modified, the appearance is
dispensed with.
Issue a copy of this order to the Government Pleader
and the petitioner forthwith.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
12-06-2023 /True Copy/ Assistant Registrar
Con.Case(C) No.314/2023 5/5
APPENDIX OF CON.CASE(C) 314/2023
Annexure A1 CERTIFIED COPY OF THE JUDGMENT OF HIGH COURT DATED
17.08.2022 IN W.P. (C) NO.6210 OF 2022.
12-06-2023 /True Copy/ Assistant Registrar
