Anilkumar K.P vs Jayachandran P
2024 Latest Caselaw 31580 Ker

Kerala High Court

Anilkumar K.P vs Jayachandran P on 5 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

Con.Case(C) No.2688/2024                       1/4

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
               Tuesday, the 5th day of November 2024 / 14th Karthika, 1946
                 CONTEMPT CASE(C) NO. 2688 OF 2024(S) IN WP(C) 13826/2024

      PETITIONER/PETITIONER:


                ANILKUMAR K.P., AGED 58 YEARS,       S/O P.K. PRABHAKARAN NAIR,

                A -17 , SHREYAS, GANESH NAGAR, SHEKARIPURAM P.O,

                PALAKKAD DISTRICT , PIN - 678 010

            BY ADVOCATES M/S. P.K. SOYUZ & E.V. BABYCHAN

      RESPONDENT/RESPONDENT NO.3:


           JAYACHANDRAN P., THE TAHSILDAR (LR), PALAKKAD TALUK,

           TALUK OFFICE, PALAKKAD P.O, PALAKKAD DISTRICT, PIN - 678 001

           BY GOVERNMENT PLEADER



          This Contempt of court case (civil) having come up for orders on
   05.11.2024, the court on the same day passed the following:

                                                                 P.T.O.
 Con.Case(C) No.2688/2024                    2/4




                           DR.KAUSER EDAPPAGATH, J.
                       ---------------------------------------------
                            Cont.Case (C) No. 2688 of 2024
                   ----------------------------------------------------
                     Dated this the 5th day of November, 2024


                                      ORDER

The respondent is personally present. The direction of this

Court in the judgment dated 23/07/2024 was to make

necessary corrections in the re-survey records and in the BTR

as 'purayidom'. Such a direction was given based on the

description of the land in Exts. P1, P2 and P9. Even in Ext.P9

report of the Village Officer, it is clearly stated that the land is

lying as 'parambu/purayidom' and surrounded by houses and

road. However, the respondent, who is the Tahsildar, has now

passed an order correcting the classification of the land as

'sthira puncha' instead of purayidom.

2. The respondent submits that he knew that the

direction in the judgment of this Court dated 23/07/2024 was

to correct the classification of land as purayidom. However, he

corrected it as 'sthira puncha' based on the entry in the BTR.

..2..

3. In the order now passed, a further condition has

been imposed by the respondent that the order will be

subject to the order passed by the Land Revenue

Commissioner. Such an observation also is unwarranted.

Hence, the respondent is directed to pass a fresh order in the

light of the observation made in this order.

Post on 14/11/2024.

Sd/-

DR.KAUSER EDAPPAGATH JUDGE APA

05-11-2024 /True Copy/ Assistant Registrar

APPENDIX OF CON.CASE(C) 2688/2024 Exhibit P1 of WP(C) A TRUE COPY OF THE NOTICE NO S.M 464/1998 DATED 13826/2024 02.11.1998 ISSUED TO K PANKAJAM . Exhibit P2 of WP(C) A TRUE COPY OF THE PATTA NO. 500/1998 IN SM NO 13826/2024 464/1998 OF LAND TRIBUNAL, PALAKKAD DATED 5/1/1999. Exhibit P9 of WP(C) A TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH 13826/2024 RESPONDENT VILLAGE OFFICER DATED 09.11.2022 .

05-11-2024 /True Copy/ Assistant Registrar