Kerala High Court
Reji Prakash vs Dr. Mrs, Renu Raj on 30 March, 2023
COC No.122 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
CON.CASE(C) NO. 122 OF 2023
AGAINST THE JUDGMENT IN WP(C) 29036/2019 OF HIGH COURT OF KERALA
PETITIONER:
REJI PRAKASH
AGED 48 YEARS
S/O. RAMAKRISHNAN NAIR, PRAKSH MANDIRAM, EDATHALA NORTH,
ALUVA, ERNAKULAM DIST, PIN - 683561
BY ADVS.
BY ADV.AHAMMED SAHEER
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RITHIK S.ANAND
ANU PAUL
SREELAKSHMI MENON P.
RESPONDENT:
DR. MRS. RENU RAJ
THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT-, PIN - 682030
BY ADV.K.P.HARISH, SENIOR GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
COC No.122 of 2023 2
JUDGMENT
Dated this the 30th day of March, 2023
S.MANIKUMAR, CJ.
Contending inter alia that the directions issued in W.P.© No.29036 of 2019 vide
judgment dated 10th March, 2022, have not been implemented and that the alleged
encroachers have not been removed, instant contempt petition is filed.
2. Short facts leading to the filing of the contempt petition are as follows;
2.1 According to the petitioner, the District Collector, Ernakulam - the 1st
respondent, is showing wilful disobedience to the order of this Court in W.P.(C)) No.
29036 of 2019 by sabotaging the directions contained therein. According to him, he has
filed this writ petition to take legal action against the illegal occupants by evicting them
and removing the installations put up by them on the side of PWD road from Cochin
Bank Junction to Pukkattupady on the Aluva Muvattupuzha road and from Cochin Bank
Junction to Rajagiri on the Aluva Munnar road and that, this Court, on the 10 th day of
March 2022 passed the judgment, directing the competent authorities to complete the
process initiated, within two months from the date of receipt of a copy of the judgment.
3. It is submitted that considering the case at hand, the respondents wilfully
disobeyed the order of this Court and have not complied with the directions of this
Court. According to the petitioner, the inaction on the part of the respondent is a clear
violation of the impugned judgment.
4. When the matter came up for admission on 16 th February, 2023, we directed
the learned Senior Government Pleader, to file an affidavit within two weeks. Today,
when the matter is taken up, learned Senior Government Pleader has produced a
communication dated 1.3.2023, addressed by the District Collector, Ernakulam to the
office of the Advocate General, Ernakulam, which is handed over to us, and it is made
part of the record.
5. It shows that, according to the sketch report made available after measuring
the encroachment on Aluva - Munnar Road and Third Mile - AV Kizhakkambalam Road,
Form - B notices were issued under the Kerala Land Conservancy Act, to
39 encroachers, out of the said encroachments, 25 of them were vacated in the first
phase. Among the encroachers, Mr.K.M.Ali and Mr.Joy Joseph Painadath have filed
W.P.© No.16506/2022 and O.S No.35/22, challenging Form - B notice given to them
and they are under consideration of this Court as well as the civil court.
6. Therefore, according to the District Collector, Form C notice has been issued to
12 encroachers except the above said persons and out of the remaining 12
encroachment, 11 persons were evicted and one person viz., Antony, Manakkakudi
House, could not be evicted due to protest from the public. It is also stated that
Mr.Antony has been living on the said land for several years and the application given for
getting pattayam for the said land is under consideration of the Government and he
submitted an application before the Public Works Department that he should not be
evicted till a decision on the assignment application is made.
7. It is also stated that the Assistant Executive Engineer informed that when the
officials tried to evict him forcibly, he opened the gas cylinder in the house and
threatened to commit suicide, so the eviction process had to be stopped. Therefore, the
Edathala Grama Panchayat Secretary has been instructed to take steps for rehabilitation
of said Antony. Therefore, according to the District Collector, except three, all other
encroachers are evicted and three could not be evicted due to the valid reasons
specified above.
8. Taking into consideration the steps taken by the District Collector, we are of the
considered opinion that the judgment of this Court in W.P.© No.29036/2019 dated 10 th
March, 2022, is substantially complied with. Therefore, we do not find any reason to
proceed further in the contempt petition. Accordingly, contempt petition is closed,
leaving open the liberty of the respondent to take steps for eviction of the others in
accordance with the developments that take place during the course of time.
Sd/-
S.MANIKUMAR,
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY,
smv JUDGE
APPENDIX OF CON.CASE(C) 122/2023
RESPONDENT'S ANNEXURES
ANNEXURE R1(a) True copy of the order dated 09/03/2023 in
WP(C) No.8007/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 10/3/2022
IN WP(C) 29036/2019 OF THIS HON'BLE COURT
