This Court closed a contempt matter by holding that the respondent complied with its direction to furnish a corrected survey sketch, finding no wilful disobedience.
The contempt matter is closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932
Con. Case(C).No. 1248 of 2009(S)
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AGAINST THE JUDGEMENT/ORDER IN OP.17312/1999 Dated 13/02/2008
PETITIONER:
T.C. ISSAC, S/O.LATE KOCHICKA CHACKO THECHERIL PRAYER, PANDANAD (N) P.O., KALLISSERI, CHENGANNUR.
BY ADV. MR. ANIL SIVARAMAN MS. APARNA RAJAN
RESPONDENT: 3RD RESPONDENT:
C.RAJASEKHARAN NAIR, (FATHERS NAME & AGE NOT KNOWN TO THE PETITIONER) SUPERINTENDENT OF SURVEY & LAND RECORDS, KOLLAM.
BY SPECIAL GOVERNMENT PLEADER MR. M. P. PRAKASH
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J.
Cont. Case (C) No. 1248 OF 2009
Dated, this the 15th day of November, 2010
JUDGMENT
Ramachandra Menon J.
This contempt matter arises from the verdict passed by this Court in O.P. 17312 of 2009, which was disposed of as per judgment dated 13.02.2008, giving certain directions. The relevant paragraph containing the directions is as follows :
“5. After hearing the learned counsel appearing on either side and on going through the counter affidavit filed by the respondents, I am of the view that this original petition can be disposed of by directing the respondents to furnish to the petitioners a certified copy of the sketch prepared after the survey held on 23.04.1999 pursuant to the direction issued by this Court in Ext. P10 judgment, within a period of two months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment before 3rd respondent and on receipt of the same, the 3rd respondent shall with notice to the 2nd respondent take steps to furnish to the petitioners a copy of the sketch and plan prepared after the survey held on 23.04.1999. I make it clear that I have not expressed any opinion on the entitlement of the petitioners to obtain possession of the lands situated in Survey No. 872/1/12 of Edamon village”.
Cont. Case (C) No. 1248 of 2009
: 2 :
Cont. Case (C) No. 1248 of 2009
: 3 :
various circumstances, as pointed out in the affidavit filed before this Court. It is also stated that, there is no lapse or wilful disobedience on the part of the respondent in complying with the directions of this Court.
The contempt matter is closed accordingly.
J. CHELAMESWAR, CHIEF JUSTICE
P. R. RAMACHANDRA MENON, JUDGE
kmd
2 issues framed by the court
Whether the directions given in the earlier order are fully complied with.
Whether there was wilful disobedience by the respondent.
T.C. Issac
C. Rajasekharan Nair
J. Chelameswar
P. R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
