Rev. Fr. Augustine Thottakkara vs Rameshan P K
2024 Latest Caselaw 27429 Ker

Kerala High Court

Rev. Fr. Augustine Thottakkara vs Rameshan P K on 11 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                        CON.CASE(C) NO. 2059 OF 2024

       AGAINST THE JUDGMENT DATED 23.06.2023 IN WP(C) NO.36479 OF

                        2022 OF HIGH COURT OF KERALA

PETITIONER/PETITIONER IN WPC:

             REV. FR. AUGUSTINE THOTTAKKARA, AGED 83 YEARS
             S/O. JOSEPH, PRIOR, CMI, CHRIST THE KING NOVITIATE
             MONASTERY KARUKUTTY, ANGAMALY, ERNAKULAM DISTRICT-
             683576

             BY ADV UNNIKRISHNAN.V.ALAPATT


RESPONDENT/RESPONDENT NO.3 IN WPC:

             RAMESHAN P K
             (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
             THE TAHSIDAR (LR), ALUVA TALUK OFFICE, MINI CIVIL
             STATION, ALUVA, PIN - 683101

             SRI P M SHAMEER-GP


     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                        2024:KER:69791
CON.CASE(C) NO. 2059 OF 2024

                                   2



                               JUDGMENT

The petitioner alleges that Annexure 3 order issued by

the Tahsildar is not in conformity with the judgment of this Court.

2. However, Sri.P.M.Shameer - learned Government

Pleader, contends to the contrary and says that every direction

has been complied with in its letter and spirit.

3. I understand that the specific contention of the

petitioner is that the sketches and reports prepared by the

Tahsildar are in error. I am afraid that this is not an issue that

this Court can consider in contempt of court jurisdiction because,

the petitioner will have to invoke remedies against the said

sketches and reports as per law.

With the afore liberty being reserved, this contempt case

is closed.

Sd/- DEVAN RAMACHANDRAN JUDGE stu 2024:KER:69791 CON.CASE(C) NO. 2059 OF 2024

APPENDIX OF CON.CASE(C) 2059/2024

PETITIONER ANNEXURES

Annexure 1 CERTIFIED COPY OF THE JUDGMENT IN WP (C) NO.

Annexure 2 CERTIFIED COPY OF THE ORDER IN I.A NO.

1/2023 IN W.P (C) NO. 36479/2022

Annexure 3 TRUE COPY OF THE ORDER DATED 13-6-2024 PASSED BY THE RESPONDENT

Annexure 4 TRUE COPY OF THE REPORT AND SKETCHES DATED 7-3-2024 SUBMITTED BY THE TALUK SURVEYOR IN THIS REGARD