Smt.Leela V Nambiar @ Jayalakshmi vs Arun K Vijayan
2024 Latest Caselaw 10563 Ker

Kerala High Court

Smt.Leela V Nambiar @ Jayalakshmi vs Arun K Vijayan on 11 April, 2024

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

            THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

                           CON.CASE(C) NO. 917 OF 2024

AGAINST THE ORDER DATED 14.12.2023 IN WP(C) NO.23902 OF 2023 OF HIGH COURT

OF KERALA

PETITIONER/PETITIONER IN WP(C):

               SMT.LEELA V NAMBIAR @ JAYALAKSHMI,
               AGED 87 YEARS
               W/O.LATE K V VASUDEVANNAMBIAR,
               28/829, 'ASHIANA", NEAR KAV BUS STOP,
               MAVOOR ROAD, CHEVAYUR,
               CALICUT -673017, PRESENTLY RESIDING AT VILLA
               #170/171, CELEBRITY NATURES HABITAT,
               BIDARAGUPPE,
               SARJAPURATTIBELLE ROAD,
               BANGALORE, PIN - 562107

               BY ADVS.
               V.V.NANDAGOPAL NAMBIAR
               PREEJA. P.VIJAYAN
               SMITHA (EZHUPUNNA)
               CHITRA JOHNSON



RESPONDENTS/RESPONDENTS 3, 5, 6 & 9 IN WP(C):

     1         ARUN K VIJAYAN,
               THE DISTRICT COLLECTOR,
               CIVIL STATION COLLECTORATE ROAD,
               KANNUR, PIN - 670002

     2         KALA BHASKER
               THE TAHASILDAR, THALIPPARAMBATALUK,
               KANNUR DISTRICT., PIN - 670001

     3         RAJAN E.K,
               TAHASILDAR (LR), PAYYANNUR,
               KANNUR DISTRICT- 670 307., PIN - 670307
 Con.Case (C) No.917 of 2024
             in                     2
W.P.(C) No.23902 of 2023




     4       RAJESH,
             STATION HOUSER OFFICER,
             PERINGOME POLICE STATION, PERIGOME,
             KANNUR-, PIN - 670307



OTHER PRESENT:

             SPL.GP - C.E.UNNIKRISHNAN



         THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR

ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:
 Con.Case (C) No.917 of 2024
             in                                     3
W.P.(C) No.23902 of 2023




                                 VIJU ABRAHAM, J.
                 .................................................................
                         Con.Case (C) No.917 of 2024
                                                in
                            W.P.(C) No.23902 of 2023
                 .................................................................
                     Dated this the 11th day of April, 2024


                                       JUDGMENT

The above contempt of court case is filed complaining that

Annexure-A4 order has been issued in violation of Annexure-A3

interim order. An affidavit has been filed by the 3 rd respondent wherein

it is stated that on getting further details from the Taluk land Board so

as to identify and demarcate the property, a fresh order has to be

passed in Ext.P11 Form 8 application submitted by the petitioner and

therefore Annexure-A4 order will be recalled and Ext.P11 application

will be re-considered afresh after getting all necessary documents to

identify the property. The learned Special Government Pleader would

submit that at least three months time is required to complete the

process.

In view of the fact that the authorities are withdrawing

Annexure-A4 order, I am inclined to close the contempt of court case

recording the undertaking of the 3rd respondent that further orders in

this regard will be issued in accordance with law, within an outer limit

of three months from today. If there is any violation of the abovesaid

undertaking, petitioner will be free to reopen this contempt of court

case.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF CON.CASE(C) 917/2024

PETITIONER ANNEXURES

Annexure A1 TRUE CERTIFIED COPY OF THE ORDER DATED 14.12.2023 IN WPC NO.23902/2023

Annexure A2 TRUE COPY OF THE I.A 1 OF 2024 DATED 10.01.2024 IN WPC NO.23902/2023 FILED BY THE RESPONDENT

Annexure A3 TRUE COPY OF THE ORDER DATED

Annexure A4 TRUE COPY OF THE ORDER NO.

D3/3304/2023 DATED 06.03.2024 ISSUED BY THE RESPONDENT