Kerala High Court
Joseph John Decruze vs Smt. Meera K Ias on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
COC No.804/24 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CON.CASE(C) NO. 804 OF 2024
AGAINST THE JUDGMENT DATED 30.09.2023 IN WP(C) NO.28534 OF
2023 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
JOSEPH JOHN DECRUZE,
AGED 55 YEARS, S/O. JAISON DECRUZE,
ERAMATH HOUSE,
BHAVANA NAGAR,ANGAMALLY P.O,
ERNAKULAM DIST., PIN - 683572
BY ADV MEREENA.J.JOSEPH
RESPONDENTS/4TH RESPONDENT/ADDL. RESPONDENT:
1 MEERA K., IAS,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
FORT KOCHI, ERNAKULAM, PIN - 682001
*2 OMANAKUTTAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THE AGRICULTURAL OFFICER,
KRISHI BHAVAN , ANGAMALY P.O.,
ANGAMALY, KERALA - 683 535.
*(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 30.05.2024 IN
IA 1/2024 IN COC NO.804/2024).
BY ADVS.
SRI.K.A.NOUSHAD, GOVERNMENT PLEADER
SRI.AKHIL VIJAY
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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.09.2024, THE COURT ON 06.09.2024 DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
--------------------------------
Contempt Case (C) No.804 of 2024
---------------------------------
Dated this the 6th day of September, 2024
JUDGMENT
By judgment dated 30.09.2023, this Court had directed the
Revenue Divisional Officer, Fort Kochi to accept an application
under Form 6 of the Kerala Conservation of Paddy Land and
Wetland Act, 2008 and to pass appropriate orders within three
months from the date of receipt of a copy of the judgment after
obtaining the necessary reports. This contempt petition was filed
on 18.03.2024 alleging that despite the lapse of five months from
the date of judgment, the respondent had not passed any order
and requested the court to initiate contempt proceedings.
2. During the course of the contempt proceedings, the
second respondent - the Agricultural Officer was impleaded since
it was felt that his presence may be essential. An affidavit was
filed by the second respondent denying any failure on his part to
comply with the directions in the judgment. It was further stated
that the delay in sending reports to the RDO's Office occurred due
to election work. In the meantime, the second respondent
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appeared in person and since his explanation was satisfactory, his
further appearance was dispensed with by order dated
28.06.2024.
3. The first respondent filed an affidavit dated 30-05-2024
stating that the petitioner's land was included in the data bank
based on Annexure R1(a), and hence, the application submitted in
Form-5 was rejected with a direction to submit Form-5. On going
through the aforesaid affidavit of the first respondent, this Court
felt it insufficient to answer the allegation of contempt of court and
also felt it to be evasive. Hence an additional affidavit was filed by
the first respondent dated 07-08-2024, pursuant to the orders
of this Court on 31.07.2024.
4. In the second affidavit filed by the first respondent, it is
stated that, after getting various inputs from the Village Officer
and the Agricultural Officer, by order dated 22.05.2024, the office
of the RDO, after noticing that the petitioner's original Survey
number, i.e., 336/2 is included in the data bank, rejected the
application under Form-6. It is further stated that the application
was rejected because the report of the Agricultural Officer
revealed that the property was included in the data bank as
'Nilam' and hence petitioner's application was rejected.
5. The first respondent has sought to explain the delay
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caused in complying with the directions of the court and has also
offered an unconditional apology since according to her nothing
was done willfully or deliberately to violate the judgment. The
document evidencing the movement of files is also produced as
Annexure R1(b).
6. The learned Counsel for the petitioner, however,
submitted that the rejection of the Form-6 application is incorrect
as the petitioner's property is not included in the data bank. It
was submitted that the respondent purposely ignored the sub-
division of the property to deny the petitioner's valid claim and
that it was done willfully. The learned Counsel asserted that
petitioner's property was not included in the data bank and hence
Form-6 was valid and ought to have been allowed.
7. Having considered the submissions of the learned
counsel for the petitioner as well as the learned Public Prosecutor
and also the learned counsel for the second respondent, I am of
the view that, since the merits of the order rejecting the
application filed by the petitioner cannot be considered in a
contempt petition, the said question has to be left open. Ordered
accordingly.
8. As far as the delay in disposing of the matter is
concerned, I am of the view that the first respondent has
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tendered an unconditional apology and has also tried her level
best to comply with the timeline given by the court. Taking into
reckoning the affidavit filed by the first respondent dated 07-08-
2024, this Court is of the view that the situation does not warrant
proceeding with the contempt, as nothing willful or deliberate can
be borne out from the pleadings or from the documents produced.
Since the order, as directed by the court, has already, been issued
though belatedly, I am of the view that the contempt case is only
to be closed.
Hence this contempt case is closed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
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APPENDIX OF CON.CASE(C) 804/2024
PETITIONER'S/S' ANNEXURES
Annexure-1 CERTIFIED COPY OF THE JUDGMENT IN W.P.(C)
NO.28534//2023 DATED 30/9/2023 OF THIS
HON'BLE COURT
Annexure A3 A TRUE COPY OF THE EXCHANGE DEED EXECUTED IN
FAVOR OF LOLAPPAN AND JOSE COVERED BY
DOCUMENT NO. 6389/2006 OF SUB REGISTRY OFFICE
ANGAMALY DATED 8/11/2006 IN RESPECT OF THE
PROPERTY COVERED BY SY. NO 336/ 2-20 OF
ANGAMALY VILLAGE
Annexure A4 A TRUE COPY OF THE DRAFT DATA BANK IN RESPECT
OF THE PROPERTY COVERED BY SY.NO. 336/ 2 AND
OTHER SUB DIVISIONS ISSUED BY THE
AGRICULTURAL OFFICER DATED 9/5/2018 OF
ANGAMALY VILLAGE
Annexure A5 TRUE COPY OF THE SALE DEED EXCUTED BY THOMAS
JOHN IN FAVOUR OF P.T PAUL COVERED BY
DOCUMENT NO.1804/2009 DATED 28.07.2009
RESPONDENT'S/S ANNEXURES
Annexure R1(a) A COPY OF DATA BANK HIGHLIGHTING THE PARENT
Annexure R1(b) TRUE COPY OF PRINT OUT OF E-FILES OF THE
PETITIONER APPLICATION ALONG WITH THE
APPLICATION MOVEMENT
Annexure R2(a) A TRUE COPY OF THE REPORT SENT TO THE FIRST
RESPONDENT
Annexure R2(b) A TRUE COPY OF THE EXTRACT FROM THE RELEVANT
PAGE OF THE ATTENDANCE AND MOVEMENT REGISTER
OF 06/06/2024 OF ANGAMALY KRISHI BHAVAN
