Francis Joseph @ Kunjumon vs Sri. B Unnikrishna Pillai
2024 Latest Caselaw 18869 Ker

Kerala High Court

Francis Joseph @ Kunjumon vs Sri. B Unnikrishna Pillai on 28 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
      FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                     CON.CASE(C) NO. 150 OF 2023
  AGAINST THE JUDGMENT DATED IN WP(C) NO.17566 OF 2020 OF HIGH
                           COURT OF KERALA
PETITIONER/PETITIONER IN WP(C)NO.17566/2020:

             FRANCIS JOSEPH @ KUNJUMON
             AGED 67 YEARS
             S/O JOSEPH, PATTATHANAM,EDATHUVA P.O.,,
             EDATHUVA MURI, EDTHUVA VILLAGE, ,
             ALAPPUZHA, PIN - 689573

             BY ADVS.
             SRI.K.S.HARIHARAPUTHRAN
             PINKU MARIAM JOSE



RESPONDENT/RESPONDENT IN WP(C)NO.17566/2020:

             SRI. B UNNIKRISHNA PILLAI,
             AGED 54 YEARS
             FATHER'S NAME NOT KNOWN TO THE PETITIONER,
             PANCHAYTH SECRETARY, EDATHUVA PANCHAYTH,
             EDATHUVA P.O, ALAPPUZHA., PIN - 689573

             BY ADVS.
             SRI.M.V.S.NAMPOOTHIRY
             SRI.K B DAYAL




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                            -2-
C.O.(C)No.150/2023


                             MOHAMMED NIAS C.P., J.
                     -----------------------------------------------

                 Contempt of Court Case (C) No.150 of 2023
                      ---------------------------------------------

                     Dated this the 28th day of June, 2024

                                     JUDGMENT

This Court by judgment dated 23.8.2022 in WP(C)No.17566/2020

directed the Panchayat to consider the application filed by the petitioner

for change of ownership in the assessment register within a week from

the date of receipt of a copy of this judgment.

A counter affidavit has been filed stating that a decision has been

taken finding that the petitioner had not produced the copies of the land

tax receipt, location sketch and possession certificate. In view of the

above order passed it cannot be said that the judgment of this Court was

not complied with. Accordingly, I am not inclined to proceed further

with the contempt case and the same is closed, without prejudice to any

of the rights or contentions of the petitioner to challenge the order

referred to above in appropriate proceedings,if so advised.

Subject to the above, the Contempt of Court Case is closed.

Sd/-

MOHAMMED NIAS C.P.

JUDGE dlk/28.06.2024

APPENDIX OF CON.CASE(C) 150/2023

PETITIONER'S ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 23-08-2022 IN WP(C) 17566/2020 OF THIS HON'BLE COURT IS

ANNEXURE A2 TRUE COPY OF THE LETTER NO.

SC2/2652/22 DATED 3.9.2022, ISSUED BY THE RESPONDENT, TO THE PETITIONER