The High Court closed a contempt case after the Government Pleader submitted that the State had deposited the requisite amount and referred the petitioner's claim under Section 31(2) of the Kerala Land Acquisition Act to the Court on 12-10-2009.
Contempt case closed; reference of claim under Section 31(2) recorded as completed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931
Con.Case(C).No. 1006 of 2009(S)
------------------------------AGAINST THE JUDGEMENT IN WPC.641/2009 Dated 03/03/2009
PETITIONER(S): PETITIONERS
AGED 74 YEARS, S/O.AMBU KARANAVAR, THEKKUMPADU, SOUTH THRIKKARIPUR,P.O.ELAMBACHI, HOSDURG TALUK,KASARGOD DISTRICT.
BY ADV. SRI.SURESH KUMAR KODOTH
RESPONDENT(S): RESPONDENT
N.GARUPADA, AGED 52 YEARS,(FATHERS NAME NOT KNOWN TO THE PETITIONER) WORKING AS SPECIAL TAHSILDAR, LAND ACQUISITION,(RAILWAY),KASARGOD.
GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. Siri Jagan, J.
Cont. Case (C) No. 1006 of 2009
Dated this, the 20th October, 2009.
The petitioner alleges that the direction in Annexure A1 judgment has not been complied with. By Annexure A1 judgment, I directed the State to refer the claim of the petitioner under Section 31(2) of the Kerala Land Acquisition Act within one month from the date of receipt of copy of the judgment. Originally the learned Government Pleader submitted that the matter could not be referred only because the requisitioning authority, namely, the Railways did not make available the award, which has to be deposited by the State in the Court along with the reference. The learned Government Pleader now submits that the amount has been deposited and the matter has been referred to the Court on 12-10-2009. This is recorded and the contempt case is closed.
However, I make it clear that the petitioner would be entitled to file a petition for restoration of the contempt case to file, if the statement of the learned Government Pleader turns out to be incorrect.
Tds/
[True copy]
P.S to Judge.
2 issues framed by the court
Whether the State complied with the direction to refer the petitioner's claim under Section 31(2) of the Kerala Land Acquisition Act.
Whether to close the contempt case based on the respondent's submission that the reference has been filed.
1 provisions across 1 enactments
P.V. THANKAMANI
T.V. KUNHAMBU
N. GARUPADA
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
