James.E.A vs Sri.N.S.K. Umesh Ias
2024 Latest Caselaw 28509 Ker

Kerala High Court

James.E.A vs Sri.N.S.K. Umesh Ias on 25 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                             2024:KER:71508

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

 WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,

                             1946

              CON.CASE(C) NO. 1599 OF 2024

                   JUDGMENT DATED 13.10.2023

             ARISING FROM : WP(C) NO.4854 OF 2023

PETITIONER/PETITIONER IN WP(C):

         JAMES.E.A, AGED 47 YEARS
         S/O. ELIAS, ERUMALA(H), PANIYELI.P.O.,
         PERUMBAVOOR, ERNAKULAM DISTRICT,
         PIN - 683546.


         BY ADV C.K.RAMAKRISHNAN


RESPONDENT/2ND RESPONDENT IN WP(C):

         SRI.N.S.K. UMESH IAS,
         AGE AND FATHER'S NAME NOT KNOWN TO THE
         PETITIONER, THE DISTRICT COLLECTOR,
         ERNAKULAM DISTRICT, CIVIL STATION,
         KAKKANAD, PIN - 682030.

         SRI PM SHAMEER-GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                            2024:KER:71508
CON.CASE(C) NO. 1599 OF 2024

                                 -2-
                             JUDGMENT

When this matter was called today, the

learned Government Pleader - Sri.P.M.Shameer,

submitted that, in full compliance with the

directions of this Court, an order dated

07.09.2024 has been issued by the District

Collector; and that the same has been produced on

record, along with his Memo dated 12.09.2024.

2. However, Sri.C.K.Ramakrishnan -

learned counsel for the petitioner, submitted

that the aforesaid order is incorrect and

contains incoherent information; and hence that

the respondent must be proceeded against by this

Court under the Contempt of Courts Act.

3. I am afraid that I cannot find

favour with the above submissions of

Sri.C.K.Ramakrishnan because, I had allowed the 2024:KER:71508 CON.CASE(C) NO. 1599 OF 2024

Writ Petition directing the petitioner to

approach the District Collector with an

appropriate application; with a concomitant

direction to the said Officer to decide it and

issue an appropriate order.

4. Indubitably, therefore, if the

petitioner has a cause against the order now

issued, he has to invoke other remedies as are

available in law.

In the afore circumstances, with all such

liberties being left open to the petitioner, I

close this contempt case without any further

orders.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv 2024:KER:71508 CON.CASE(C) NO. 1599 OF 2024

APPENDIX OF CON.CASE(C) 1599/2024

PETITIONER ANNEXURES

ANNEXURE.A1 THE TRUE COPY OF THE WRIT PETITION NO.

4854/2023 DATED 07.02.2023

ANNEXURE.A2 THE CERTIFIED COPY OF THE JUDGMENT IN WRIT PETITION NO. 4854/2023 DATED 13.10.2023

ANNEXURE.A3 THE TRUE COPY OF THE REPRESENTATION DATED 28.10.2023 FILED BY THE PETITIONER BEFORE THE RESPONDENT.