Disposed

K.P. Anil Kumar v. Shri. N.K.Sundaresan

Kerala HC19 Jun 2012Con.Case(C)/939/2012

Case brief

AI extract

What is this about?

In a contempt case against a Deputy Collector for violating an injunction restraining personal recovery, the court declined to initiate proceedings at that stage and directed the respondent to keep related proceedings in abeyance until a pending suit's disposal.

What did the court decide?

Contempt proceedings declined at this stage; Deputy Collector directed to keep proceedings for personal realization in abeyance until disposal of the pending suit.

K.P. Anil Kumar Vs Shri. N.K.Sundaresan — Constitutional and Fundamental Rights | Kerala HC (2012)

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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 THOMAS P.JOSEPH

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TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934 Con.Case(C).No. 939 of 2012 (S) IN CRP.151/2010

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-----------------------------------------------AGAINST THE ORDER IN CRP.151/2010 DATED 28-07-2010

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PETITIONER(S)/PETITIONER:

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K.P. ANIL KUMAR, AGED 43 YEARS S/O.PARAMESWARAN PILLAI, KAVIL VEEDU THURUTHIKKARA MURI, KUNNATHUR VILLAGE, SASTHAMCOTTA KOLLAM DISTRICT.

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BY ADVS.SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.B.SUBRAMANYAN

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RESPONDENT(S)/RESPONDENT NO.3:

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SHRI. N.K.SUNDARESAN (HIS FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) DEPUTY COLLECTOR (REVENUE RECOVERY), COLLECTORATE KOLLAM-691 013.

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BY GOVERNMENT PLEADER SMT. LILLY LESLI

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CONT. CASE (C) NO.939/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A - DATED 28.07.2010, CERTIFIED COPY OF THE ORDER OF THIS COURT IN CRP NO.151/2010

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ANNEXURE-B - DATED 27.7/5.8.2005, TRUE COPY OF THE NOTICE NO.K.B.5096/2005/1(CBC), ISSUED BY THE KHADI VILLAGE INDUSTRIES BOARD.

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ANNEXURE-C - DATED NIL-4.2012, TRUE COPY OF THE PROCEEDINGS NO.R.17190/08 ISSUED BY THE RESPONDENT.

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RESPONDENT'S EXHIBITS:

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NIL

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//TRUE COPY//

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THOMAS P. JOSEPH, J.

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Cont.Case (C). No.939 of 2012 -------------------------------------Dated this the 19^th day of June, 2012.

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JUDGMENT

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Learned Government Pleader seeks time to get instruction.

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This proceeding is to initiate action against the respondent, the Deputy Collector, Kollam under the provisions of the Contempt of Courts Act, 1971 for alleged disobeyance of the order of injunction passed by this court while disposing of C.R.P.No.151 of 2010 by order dated 28.07.2010.

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Learned counsel for petitioner submits that notwithstanding the order issued by this Court, respondent has issued Annexure-C, proceeding dated April, 2012. Learned counsel submits that the said action of the respondent amounts to clear violation of the order of this Court and hence, contempt of the order of this Court.

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While disposing of C.R.P.No.151 of 2010, this Court issued the following order:

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“............... But I make it clear that until

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disposal of the suit there will be an order of injunction restraining respondents from realising the amount from petitioner personally pursuant to Ext.A1, demand notice. Trial court is directed to dispose of the suit as early as possible.”

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Cont.Case (C) No.939/2012

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The 3^rd respondents in C.R.P.No.151 of 2010 is the District Collector, Kollam. Annexure-C, proceeding is issued by the respondent, Deputy Collector (Revenue Recovery), Kollam. True that the order issued by this Court was that respondents in the Civil Revision are restrained from realising the amount from the petitioner personally pursuant to Ext.A1, demand notice. That does not mean that respondents or anybody under them could issue another demand notice and recover the amount personally from the petitioner. The authorities concerned including the respondent should have acted as per the order passed by this Court in the Civil Revision.

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However having regard to the circumstances I do not intend to initiate contempt proceeding at this stage.

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Respondent, the Deputy Collector (Revenue Recovery), Kollam is directed to keep all proceedings for realisation of the amount from the petitioner personally, in abeyance, until disposal of the suit as directed in the order dated 28.07.2010 in C.R.P.No.151 of 2010. Non-compliance will be treated as wilful disobeyance of the order of this Court.

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Contempt Case is disposed of accordingly.

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THOMAS P.JOSEPH, Judge.

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cks

K.P. Anil Kumar v. Shri. N.K.Sundaresan

Case brief

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K.P. Anil Kumar v. Shri. N.K.Sundaresan

Case brief

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