M/S.Sunshine Corporation vs Jaya V.C
2023 Latest Caselaw 10653 Ker

Con.Case(C) No.1939/2023                     1/4

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
                 Monday, the 16th day of October 2023 / 24th Aswina, 1945

                      CON.CASE(C) NO. 1939 OF 2023(S) IN WP(C) 19545/2017

      PETITIONER/PETITIONER:

                M/S.SUNSHINE CORPORATION,

                REPRESENTED BY ITS MANAGING PARTNER,

                SRI.ANTONY GEORGE, CHURCH ROAD, ALLEPPEY- 688 011.

            BY ADV. SRI.K.P.SREEKUMAR

      RESPONDENT/3RD RESPONDENT:


           JAYA V.C.,

           TAHSILDAR & EXECUTIVE MAGISTRATE,

           AMBALAPPUZHA TALUK OFFICE, ALLEPPEY - 688 561.

          BY GOVERNMENT PLEADER



        This Contempt of court case (civil) having come up for orders on
   16.10.2023, the court on the same day passed the following:

                                                        P.T.O.
 Con.Case(C) No.1939/2023                         2/4




                                        VIJU ABRAHAM,J
                                     --------------------
                                Con. Case.(C).No.1939 of 2023
                                              in
                                   WP(C) No.19545 of 2017
                                -----------------------------
                           Dated this the 16th day of October, 2023

                                                     ORDER

When the matter was taken up for

consideration, the learned senior Government

Pleader submits that an appeal was preferred

against the judgment in WP(C) No.11580 of 2015,

which was dismissed as per order dated 16.10.2023

and that they have challenged Annexure-I judgment

and the same is pending as WA No.1678 of 2023.

Since I have only followed the directions in

Exhibit-P1 judgment, ie., judgment in WP(C)

No.11580 of 2015 wherein it is categorically held

that the provisions of the Kerala Land Utilisation

order or the Kerala Conservation of Paddy Land

and Wetland Act are not applicable to the

petitioner's land and the petitioner is free to

utilise the land for all practical purpose and

since the appeal filed challenging the judgment in

WP(C) No.11580 of 2015 has been dismissed, I am of Con.Case(C) No.1939/2023 3/4

Con. Case.(C).No.1939 of 2023 in

the opinion that there is no reason for not

complying with the directions in Annexure-I

judgment.

Post on 25.10.2023 for reporting compliance.

sd/-

VIJU ABRAHAM, JUDGE

pm

16-10-2023 /True Copy/ Assistant Registrar Con.Case(C) No.1939/2023 4/4

APPENDIX OF CON.CASE(C) 1939/2023 Annexure I CERTIFIED COPY OF THE JUDGMENT DATED 13.03.2023 IN W.P.(C)NO.19545/2017.

Exhibit P1 in TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT DATED WP(C)19545/2017 23.12.2015 IN WP(C)NO.11580/2015.

16-10-2023 /True Copy/ Assistant Registrar