Kerala High Court
Ananthapadmanaban R vs Sri. Geromic George Ias on 20 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CON.CASE(C) NO. 746 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.30679 OF 2014
PETITIONERS/PETITIONERS 2 to 5:
1 MANI DHARMARAJAN, AGED 80 YEARS
S/O LATE D. MANI, T.C. 55/1522, KAIMANAM,
THIRUVANANTHAPURAM, PIN - 695040
2 DR. MABEL SIMON, AGED 68 YEARS
W/O LATE DR. SIMON, T.C. 55/1523, KAIMANAM,
THIRUVANANTHAPURAM, PIN - 695040
3 DR. TONY SIMON, AGED 34 YEARS
S/O LATE SIMON, TC 55/1523, KAIMANAM,
THIRUVANANTHAPURAM, PIN - 695040
4 SONY SIMON, AGED 41 YEARS
D/O LATE DR. SIMON, T.C. 55/1523, KAIMANAM,
THIRUVANANTHAPURAM - REPRESENTED BY POWER OF ATTORNEY
HOLDER AND MOTHER DR. MABEL SIMON., PIN - 695040
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
PAUL BABY
SWATHY A.P.
THARA ELIZABETH THOMAS
RESPONDENT/3rd RESPONDENT:
GEROMIC GEORGE I.A.S
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, CIVIL
STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM- 695043
SMT.C.S.SHEEJA, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH Con.Case(C).714/2024,
737/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO.746 OF 2024 & con.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CON.CASE(C) NO. 714 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.27813 OF 2014
PETITIONER:
ANANTHAPADMANABAN R., AGED 61 YEARS
S/O. LATE RAMASUBRAMANIAN, HOUSE NO. 83, VINAYAKNAGAR,
NEERAMANKARA, THIRUVANANTHAPURAM, PIN - 695018
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
PAUL BABY
SWATHY A.P.
THARA ELIZABETH THOMAS
RESPONDENT/4TH RESPONDENT:
SRI. GEROMIC GEORGE IAS
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, CIVIL
STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043
SMT. C.S.SHEEJA, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH Con.Case(C).746/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO.746 OF 2024 & con.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CON.CASE(C) NO. 737 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.34447 OF 2014
PETITIONERS:
1 S. RADHAKRISHNAN, AGED 54 YEARS
S/O SRI. SUBRAMONIA PILLAI, TC/55/679, RAJA PROVISIONS
STORES, TAILOR SHOP, NEERAMANKARA, THIRUVANANTHAPURAM,
PIN - 695018
2 ARUNACHALAM PILLAI, AGED 60 YEARS
S/O. SRI, PADMANABA PILLAI, T.C 55/679(1), (2) AND (3),
NEERAMANKARA, THIRUVANANTHAPURAM, PIN - 695018
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
PAUL BABY
SWATHY A.P.
THARA ELIZABETH THOMAS
RESPONDENT/4TH RESPONDENT:
SRI. GEROMIC GEORGE IAS
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, CIVIL
STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043
SMT.C.S.SHEEJA, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, ALONG WITH Con.Case(C).746/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO.746 OF 2024 & con.cases
4
JUDGMENT
[Con.Case(C) Nos.746/2024, 714/2024, 737/2024]
These contempt of court cases have been filed alleging that the
directions in the judgment of this Court in WP(C) No. 30679 of 2014 and
connected matters, have not been complied with.
2. Shri. Thomas Abraham - learned counsel for the petitioners in
these matters, vehemently argued that, even though this Court had
delivered judgment setting aside the earlier Awards and the draft
Awards; with a consequential direction to the competent Authority to
hear his clients, adverting to their contentions and take a final decision,
no action has been taken and thus that they have been constrained to
approach this Court through these contempt cases.
3. However, Smt.C.S.Sheeja - learned Senior Government
Pleader, in response, submitted that a counter affidavit has been filed on
record wherein it has been averred that the respondent, who is the
District Collector, obtains no jurisdiction until such time as a fresh
Award is issued by the Land Acquisition Officer; and she pointed out
that, this has been done only through Annexure B produced in these
cases. She argued that, once the said Award had been issued, it is for
the petitioners to challenge the same, or invoke their remedies against
it, as may be available to them, but they could not have filed this
CON.CASE(C) NO.746 OF 2024 & con.cases
contempt of court cases against the District Collector, who has no role
to play, except to act under Section 28A of the Land Acquisition Act,
1894, which he could not do because, as stated in the affidavit, the
petitioners had not produced the originals of any document on which
they relied upon, thus the matter having been referred to the competent
Court under Section 30 of the Act. She therefore prayed that these
contempt cases be dismissed.
4. In reply, however, Shri. Thomas Abraham - learned counsel
for the petitioners, submitted that Annexure B Award, now purported to
have been issued by the Land Acquisition Officer, is grossly against the
directions of this Court and hence ipso facto amounts to gross contempt
to the authority of this Court, He argued that his clients had produced
all documents before the Land Acquisition Officer, as evident from
Annexure 3, but that none of the same, or their contentions, had been
looked into, in spite of the specific directions of this Court.
5. Even when I hear Shri. Thomas Abraham on the afore lines,
the fact remains that this Court had set aside the original Awards, as
also the draft Award as the case may be, with a resultant direction to
the District Collector, or such other competent Authority, to take a fresh
decision, after hearing the petitioners and adverting to their grievances.
Obviously, at this stage, it was only the Land Acquisition Officer who
would have obtained any jurisdiction and not the District Collector.
CON.CASE(C) NO.746 OF 2024 & con.cases
6. It is on record, as is also admitted, that the Land Acquisition
Officer has now issued Awards, but which the petitioners say, is illegal
and unlawful.
7. Indubitably, therefore, the remedy of the petitioners is to
challenge the same through an appropriate method; for which, of
course, their contentions are all left open, but cannot impel these
contempt of court cases against the District Collector, except on the
ground that he has not acted as per Section 28A of the Act. For this, as I
have already recorded above, the respondent answers that the matter
has been referred to the competent Court under Section 30 of the Act.
Apodictically, this itself would also be an issue to be impelled by the
petitioners, before the competent forum, in challenge.
In the afore circumstances, reserving every other liberty that may
be available to the petitioners in law and leaving open all rival
contentions for such purpose, I close the Contempt Cases.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
HKH/20.06.2024
CON.CASE(C) NO.746 OF 2024 & con.cases
APPENDIX OF CON.CASE(C) 714/2024
PETITIONER ANNEXURES
ANNEXURE 1 THE CERTIFIED COPY OF THE JUDGMENT DATED
15.06.2023 IN W.P. (C) NO. 27813 OF 2014
ANNEXURE 2 THE TRUE COPY OF THE COMMUNICATION DATED
16/03/2024 SENT BY THE RESPONDENT
ANNEXURE 3 THE TRUE COPY OF THE CLAIM STATEMENT FILED ALONG
WITH THE DOCUMENTS BY THE PETITIONER
RESPONDENT ANNEXURES
ANNEXURE A TRUE COPY OF THE PROCEEDINGS NO.K4-3907/14 DATED
01/03/2024
ANNEXURE B TRUE COPY OF THE AS NO.3/2024 OF THE DEPUTY
COLLECTOR(LA) THIRUVANANTHAPURAM DATED 01/03/2024
CON.CASE(C) NO.746 OF 2024 & con.cases
APPENDIX OF CON.CASE(C) 737/2024
PETITIONER ANNEXURES
ANNEXURE 1 THE CERTIFIED COPY OF THE JUDGMENT DATED
15.06.2023 IN W.P. (C) NO. 34447 OF 2014 AND
CONNECTED CASES
ANNEXURE 2 THE TRUE COPY OF THE COMMUNICATION DATED
16/03/2024 SENT BY THE RESPONDENT
ANNEXURE 3 THE TRUE COPY OF THE CLAIM STATEMENT FILED ALONG
WITH THE DOCUMENTS BY THE 1ST PETITIONER
ANNEXURE 3(A) THE TRUE COPY OF THE CLAIM PETITION WITH
DOCUMENTS FILED BY THE 2ND PETITIONER
RESPONDENT ANNEXURES
ANNEXURE R1(A) TRUE COPY OF THE PROCEEDINGS NO.K4-3907/14 DATED
01.03.2024 OF THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
ANNEXURE R1(B) TRUE COPY OF THE AS.NO.3/2024 OF THE DEPUTY
COLLECTOR (LA), THIRUVANANTHAPURAM
CON.CASE(C) NO.746 OF 2024 & con.cases
APPENDIX OF CON.CASE(C) 746/2024
PETITIONER ANNEXURES
ANNEXURE 1 THE CERTIFIED COPY OF THE JUDGMENT DATED
15.06.2023 IN W.P. (C) NO. 30679 OF 2014 AND
CONNECTED CASES
ANNEXURE 2 THE TRUE COPY OF THE COMMUNICATION DATED
16/03/2024 SENT BY THE RESPONDENT
ANNEXURE 3 THE TRUE COPY OF THE CLAIM STATEMENT FILED ALONG
WITH THE DOCUMENTS BY THE 1ST PETITIONER
ANNEXURE 3(A) THE TRUE COPY OF THE CLAIM PETITION FILED BY THE
PETITIONERS 2 TO 4
RESPONDENT ANNEXURES
ANNEXURE A TRUE COPY OF THE PROCEEDINGS NO.K4-3907/14 DATED
01/03/2024
ANNEXURE B TRUE COPY OFTHE AS NO.3/2024 DATED 01/03/2024 OF
THE DEPUTY COLECTOR(LA),THIRUVANANTHAPURAM
