Jeevan Joy vs State Of Kerala
2023 Latest Caselaw 3920 Ker

WP(C) No.7452/2021                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
             Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
                             WP(C) NO. 7452 OF 2021(F)
   PETITIONER:

          JEEVAN JOY, AGED 28 YEARS, S/O YOHANNAN JOY, 'DEVAYANA', CHERUKUNNAM
          MURI, THEKKEKKARA VILLAGE, KALLUMALA P.O.MAVELIKKARA, ALAPPUZHA
          DISTRICT, PIN-690 110.

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY REVENUE SECRETARY, SECRETARIAT,
         THIRUVANANTHAPURAM,PIN-695 001.
      2. LOCAL LEVEL MONITORING COMMITTEE, MAVELIKKARA MUNICIPALITY,
         REPRESENTED BY ITS CONVENER/AGRICULTURAL FIELD OFFICER,
         KRISHIBHAVAN, MAVELIKKARA, PIN-688 503.
      3. THE DISTRICT COLLECTOR, ALAPPUZHA CIVIL STATION, ALAPPUZHA, PIN-688
         001.
      4. VILLAGE OFFICER, THEKKEKARA VILLAGE, MAVELIKARA THALUK, ALAPPUZHA
         DISTRICT,PIN:688001

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 2nd respondent to provisionally delete the property
   of the Petitioner from the draft data bank during the pendency of the writ
   petition, in the interest of justice.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.DENU JOSEPH & BIBIN BABU Advocates for the petitioner and of
   GOVERNMENT PLEADER for the respondents, the court passed the following:
 WP(C) No.7452/2021                             2/3
                                    VIJU ABRAHAM,J
                               -----------------------
                              W.P.(C).No.7452 of 2021
                         ---------------------------------
                       Dated this the 30th day of March, 2023

                                                   ORDER

The petitioner submits that Ext.P14 has been

issued pursuant to the direction issued by this

Court in Ext.P13 judgment. A perusal of

Ext.P14 would reveal that the LLMC has again relied

on the report dated 12.06.2019 and 7.7.2020 which

has been set aside by this Court in the earlier

proceedings. It is also seen that no reason is

stated in Ext.P14 for rejection, in spite of the

fact that there is a specific direction in this

regard in Ext.P13 judgment. Prima facie, I am of the

opinion that issuance of Ext.P14 is a clear

violation of Ext.P13 judgment passed by this Court.

The learned Government Pleader seeks time to get

instructions in the matter.

Post on 11.4.2023.

             Hand over/-                                                     sd/-


                                                                       VIJU ABRAHAM,
                                                                          JUDGE
             pm




30-03-2023                       /True Copy/                                Assistant Registrar
 WP(C) No.7452/2021                    3/3

                      APPENDIX OF WP(C) 7452/2021
EXHIBIT P13          TRUE COPY OF THE JUDGMENT IN CONTEMPT CASE NO 1571/2020
                     DATED 14.12.2020
EXHIBIT P14          TRUE COPY OF THE MINUTES OF THE LLMC DATED 17.2.2021

ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

30-03-2023 /True Copy/ Assistant Registrar