Kerala High Court
K.M.Daniel vs Jhonson Antony on 6 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:82679
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
CON.CASE(C) NO. 2321 OF 2024
JUDGMENT DATED 07.03.2024
ARISING FROM : WP(C) NO.5280 OF 2024
PETITIONER/PETITIONER IN WP:
K.M.DANIEL, AGED 76 YEARS,
KANNAPRAMBIL HOUSE, MUNDAKKOLLI,
MUKKUTHIKUNNU POST, CHEERAL,
WAYANAD, PIN - 673595.
BY ADVS. A.MUHAMMED MUSTHAFA
M.P.SREEKRISHNAN
RESPONDENT/RESPONDENT NO.3 IN WP:
JHONSON ANTONY
AGE AND FATHER NAME NOT KNOWN TO PETITIONER,
VILLAGE OFFICER, CHEERAL VILLAGE,
CHEERAL POST, WAYANAD DISTRICT, PIN - 673595.
SRI P M SHAMEER-GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 06.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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CON.CASE(C) NO. 2321 OF 2024
-2-
JUDGMENT
In response to the allegations in this
contempt case, Sri.P.M.Shameer - learned
Government Pleader, has filed on record a
counter affidavit by the respondent, with the
following averments:
6. It is submitted that the
Judgment dated 07.03.2024 of Honourable
High Court in WP(C) 5280/2024 was
received in this office declaring that
the Writ Petition is closed without
entering into the merits of any of the
rival contentions and leaving them all
open to be pursued and impelled by them
if required. After receiving the Judgment
stop memo was issued on 17.07.2024 to
both parties restricting not to enter
into the disputed land.
7. It is submitted that at
present the custody of the land is vested
with Village Officer, Cheeral. It is
admitted that football goal post which
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CON.CASE(C) NO. 2321 OF 2024
was erected long back is still there. The
local youths and children used to play
football on Sundays and other holidays
there. There is no fencing around the
land in question. However the custody of
the land is vested with the Village
Officer. There is no permanent or
temporary structure erected by anyone
except that goal post erected long back
and children used to play. Therefore, the
allegations are baseless and the custody
of the land will continued to be retained
by the Village Officer, Cheeral till the
Honourable Court disposed the connected
case in RSA 246/2007.
8. It is submitted that the
directions of the Honourable Court in
WP(C) 5280/2024 are thus complied in
letter and spirit and will continue to
take action against any encroachments or
trespass as ordered in WP(C) 5280/2024.
2. The learned counsel for the
petitioner - Sri.A.Muhammed Musthafa, however,
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CON.CASE(C) NO. 2321 OF 2024
still asserted that the directions in the
judgment have not been complied with.
3. I am afraid that the disputes
between the parties are in the factual realm,
which cannot be resolved by this Court, while
acting under the contempt jurisdiction. The
petitioner will certainly have to invoke other
remedies as may be available to him,
particularly taking into account the averments
in the counter affidavit, including those that
are extracted above.
With the afore liberty reserved to the
petitioner, this contempt case is closed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
2024:KER:82679
CON.CASE(C) NO. 2321 OF 2024
APPENDIX OF CON.CASE(C) 2321/2024
PETITIONER ANNEXURES
ANNEXURE A THE CERTIFIED COPY OF THE JUDGMENT
DATED 07.03.2024 IN WP(C) 5280 OF 2024
ANNEXURE B A TRUE COPY OF THE REPRESENTATION OF
THE PETITIONER DATED 15.03.2024 BEFORE
THE RESPONDENT
ANNEXURE C A TRUE COPIES OF THE PHOTOGRAPHS
SHOWING THE GOAL POST AND OTHER
CONSTRUCTION MATERIALS PUT IN THE
PROPERTY BY THE CONTESTING RESPONDENTS
IN THE WRIT PETITION AND THE MEN UNDER
THEM
