Dismissed

Thankamma v. Amubjakshan

Kerala HC27 Oct 2011Con.Case(C)/945/2011

Case brief

AI extract

What is this about?

In a contempt petition regarding non-implementation of a regulation directing a survey, the Court held that the Superintendent of Survey was once absolved of disobedience because the Tahsildar completed the survey on a different Government Order. The case is thus dismissed as the matter is now pending before the revenue authorities. The petition is finally concluded without further order. Nothing

What did the court decide?

the contempt petition is closed and dismissed as disobedience has ceased, and the matter is pending before revenue authorities.

Thankamma Vs Amubjakshan — Contempt of Court | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933

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Con.Case(C).No. 945 of 2011(S)

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AGAINST THE JUDGEMENT IN WPC.32009/2010 Dated 03/11/2010

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PETITIONER / PETITIONER :

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------------------------------------------

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THANKAMMA, AGED 72 YEARS, D/O.LATE CHELLAPPAN, KARIKANATTU HOUSE, THALUKANDAM, MANKULAM P.O., IDUKKI-686 565.

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BY ADV. SRI.MATHEW ABRAHAM

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RESPONDENT / RESPONDENT :

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---------------------------------------------

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AMUBJAKSHAN, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER THE SUPERINTENDENT OF SURVEY, DEVIKULAM, IDUKKI DISTRICT.

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BY GOVT. PLEADER SRI. MOHAMMED SHAH

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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Con.Case(C).No. 945 of 2011(S)

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A. TRUE COPY OF JUDGMENT IN WP(C)NO.32009/10 (A) DATED 03.11.2010. ANNEXURE A1. TRUE COPY OF THE NOTICE DATED 20.02.2011. ANNEXURE A2(a) TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 28.02.2011 RECEIVED BY THE RESPONDENT. ANNEXURE A2(b). TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 26.2.11 RECEIVED BY THE TAHSILDAR. ANNEXURE A2(c). TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 26.02.11 BY THE DISTRICT COLLECTOR.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

ANTONY DOMINIC, J. ================

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Cont. Case (C) NO. 945 OF 2011

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=====================

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Dated this the 27^th day of October, 2011

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J U D G M E N T

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Complaining of inaction on judgment in WP(C) No.32009/10, contempt case is filed. By the said judgment, this Court directed the Superintendent of Survey to take action for survey based on the report made by the Taluk Surveyor.

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Learned Government Pleader on instruction submits that in compliance with the judgment, survey has been completed and that the matter is now pending before the revenue authorities.

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The judgment required the 5^th respondent, Superintendent of Survey to take action on the request of the petitioner for surveying the property. From the submissions made by the learned Government Pleader, it appears that, based on the Government Order, survey was to be conducted by the Tahsildar and that the application was forwarded to the Tahsildar and accordingly the Tahsildar has completed the survey.

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Now that the aforesaid process has been completed, it cannot be said that any disobedience has been committed by the

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COC No. 945/11

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:2 :

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respondent warranting further action against him.

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Contempt petition is closed.

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ANTONY DOMINIC, JUDGE

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Thankamma v. Amubjakshan

Case brief

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Thankamma v. Amubjakshan

Case brief

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