Kerala High Court
Francis C vs Sri. Alfred O.V, I.A.S on 29 May, 2025
Con.Case(C) No.2739/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 29TH DAY OF MAY 2025/8TH JYAISHTA, 1947
CON.CASE(C) NO.2739 OF 2024
AGAINST THE JUDGMENT DATED 26.06.2024 IN WP(C) NO.21486 OF
2024 OF HIGH COURT OF KERALA
PETITIONER/PETITIOINER:
FRANCIS C, AGED 60 YEARS,
S/O.CHINNAPPAN NADAR,
RESIDING AT ROSE VILLA, KUNDUVILA,
PARASUVAIKKAL, PARASUVAIKKAL P.O.,
PARASIUVAIKKAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN. 695508,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SMT.LEEMAROSE.P.,
RESIDING AT ROSE VILLA, KUNDUVILA,
PARASUVAIKKAL, PARASUVAIKKAL P.O.,
PARASIUVAIKKAL VILLAGE,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SUDHEER P.S.
RAHUL L.R.
SARITHA THOMAS
SAHL ABDUL KADER
GEORGE KAPPEN
CLARINA CHRISTOPHER P.
Con.Case(C) No.2739/2024
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RESPONDENT/1ST RESPONDENT:
ALFRED O.V, I.A.S,
(AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER),
THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE COLLECTORATE,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043.
BY ADV.DEVISHRI.K, GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Con.Case(C) No.2739/2024
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JUDGMENT
Dated this the 29th day of May, 2025
The petitioner alleges contempt against the respondent with
respect to non-compliance of Annexure-A1 judgment. As per
Annexure-A1, the 1st respondent was directed to take up and
finalise Ext.P5 appeal within a period of two months from the
date of receipt of a copy of the judgment, after affording an
opportunity of being heard to the petitioner. It is not in
dispute that the subject matter of Ext.P5 appeal was an Order
dated 18.10.2022. It is the grievance of the petitioner that
the said Order dated 18.10.2022 was since then modified by the
Tahsildar by virtue of Annexure-R1(a) dated 02.12.2022. As per
the modified Order, the mistake in survey number was allegedly
corrected.
2. Now, the grievance of the petitioner is that by virtue of
Annexure-R1(b) Order - which, according to the learned
Government Pleader is the Order passed in compliance of the
judgment - the subject matter of Ext.P5 appeal. (that is, the
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Order dated 18.10.2022) has not been considered. Instead, what
is considered is Ext.R1(a) Order, which modified the Order
dated 18.10.2022.
3. Having heard the learned counsel for the petitioner and
learned Government Pleader, this Court notice that from the
contents of Ext.R1(b) Order that the Order dated 18.10.2022
has been modified by the Tahsildar himself, so as to correct
the discrepancy with respect to the survey number. There are
recitals claiming that the same was done with notice to the
parties, the correctness of which is not germane for
consideration now. It is in modification of the Order dated
18.10.2022 that Annexure-R1(a) Order dated 02.12.2022 has been
passed. Now, by virtue of Annexure-R1(b) compliance Order, the
modified Order at Annexure-R1(a) dated 02.12.2022 has been
cancelled and the property has been directed to be remeasured
by the District Survey Superintendent, with due assistance
from the Tahsildar (Land Records), Neyyattinkara. This Court
finds that there is adequate compliance of Annexure-A1
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judgment. Had it been a case where by virtue of the compliance
order/Annexure-R1(b), the modified Order is upheld, the
petitioner would have an arguable case for contempt. That is
not the fact situation available. By virtue of the compliance
Order/Annexure-R1(b), the modified Order also stands
cancelled. The Order dated 18.10.2022 - the subject matter of
Ext.P5 appeal - already stands cancelled/modified by the
Tahsildar himself by issuing Annexure-R1(a) Order.
4. In such circumstances, this Court finds that the
petitioner has no scope to allege contempt against the
respondent.
This Contempt Case will accordingly stand closed.
Sd/-
C. JAYACHANDRAN, JUDGE
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APPENDIX OF CON.CASE(C) 2739/2024
PETITIONER ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED
26/06/2024 IN W.P(C) NO.21486/2024 PASSED
BY THIS HON'BLE COURT.
ANNEXURE A2 TRUE COPY OF THE LETTER DATED 29/07/2024
ISSUED BY THE PETITIONER TO THE
RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE RECEIPT DATED 30/07/2024
TO THE ACCEPTANCE OF ANNEXURE A2 LETTER.
ANNEXURE A4 TRUE COPY OF THE NOTICE DATED 10/08/2024
ISSUED BY RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE PROCEEDINGS DATED
02/12/2022 OF TAHASILDAR (LR),
NEYYATTINKARA.
ANNEXURE A6 TRUE COPY OF THE PASSPORT BEARING NO.
L8965487 OF SRI. FRANCIS C.
RESPONDENT ANNEXURES
ANNEXURE R1 (A) TRUE COPY OF THE ORDER DATED 02.12.2022
BEARING NO.K6/21899/20.
ANNEXURE R1 (B) TRUE COPY OF ORDER DATED 26.11.2024
BEARING NO.RDOTVM/56/2023-B1.
ANNEXURE R1 (C) TRUE COPY OF PROCEEDING SHEET FOR HEARING
CONDUCTED IN OFFICE OF THE REVENUE
DIVISIONAL OFFICER ON 16.03.2024.
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ANNEXURE R1 (D) TRUE COPY OF THE PROCEEDINGS SHEET FOR
HEARING CONDUCTED IN OFFICE OF THE
REVENUE DIVISIONAL OFFICER ON 17.07.2024.
ANNEXURE R1 (E) TRUE COPY OF PROCEEDINGS SHEET FOR
HEARING CONDUCTED IN OFFICE OF THE
REVENUE DIVISIONAL OFFICER ON 17.08.2024.
ANNEXURE R1 (F) TRUE COPY OF PROCEEDINGS SHEET FOR
HEARING CONDUCTED IN OFFICE OF THE
REVENUE DIVISIONAL OFFICER ON 22.08.2024.
ANNEXURE R1 (G) TRUE COPY OF PROCEEDINGS SHEET FOR
HEARING CONDUCTED IN OFFICE OF THE
REVENUE DIVISIONAL OFFICER ON 08.10.2024.
ANNEXURE R1 (H) TRUE COPY OF PROCEEDINGS SHEET FOR
HEARING CONDUCTED IN OFFICE OF THE
REVENUE DIVISIONAL OFFICER ON 23.10.2024.
ANNEXURE R1 (I) TRUE COPY OF THE PROCEEDINGS SHEET FOR
HEARING CONDUCTED IN OFFICE OF THE
REVENUE DIVISIONAL OFFICER ON 06.11.2024.
ANNEXURE R1 (J) TRUE COPY OF THE HEARING SHEET DATED
20.05.2022.
ANNEXURE R1 (K) TRUE COPY OF THE ARGUMENT NOTES SUBMITTED
BY THE POWER OF ATTORNEY HOLDER OF THE
PETITIONER.
ANNEXURE R1(L) TRUE COPY OF THE ARGUMENT NOTES SUBMITTED
BY SMT.MARY STELLA
