The High Court held that no contempt of court was made out as the petitioner proceeded under the wrong authority. The Court directed that any future appeal by the petitioner be considered in light of this judgment if moved before the Revenue Authority.
The Contempt of Court Case is closed as no contempt is made out.
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 A.MUHAMED MUSTAQUE
MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938
Con.Case(C).No. 1758 of 2016 (S) IN RP.384/2016
AGAINST THE ORDER/JUDGMENT IN RP 384/2016 of HIGH COURT OF KERALA DATED 06-06-2016
PETITIONER(S)/PETITIONER IN THE WRIT PETITION:
CHRISTINA, PP 1/240, SATHYAVILASOM VEEDU, POOVACHALKUZHI, PERUMKULAM.
BY ADVS.SRI.B.KRISHNA MANI SRI.SANDESH SOMAN
RESPONDENT(S):
R.DONE, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM -695 033.
R BY SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
Con.Case(C).No. 1758 of 2016 (S)
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE-I: COPY OF THE RELEVANT PORTION OF WRIT PETITION, W.P.C.NO.15879/2016 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM DATED 22/4/2016.
ANNEXURE-II: COPY OF THE JUDGMENT DATED 26/4/2016 IN W.P.C NO.15879/2016 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM.
ANNEXURE-III:COPY OF THE RELEVANT PORTION OF THE REVIEW PETITITION, R.P.NO.384/2016 DATED12/5/2016 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM.
ANNEXURE-IV:COPY OF THE ORDER DATED 6/6/2016 IN R.P.NO.384/2016 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM.
ANNEXURE-V: COPY OF THE ACKNOWLEDGEMENT.
RESPONDENT'S EXHIBITS:
NIL
TRUE COPY
P.A TO JUDGE
A.MUHAMED MUSTAQUE, J.
Cont. Case(C).No.1758 of 2016
Dated this the 14th day of November, 2016
J U D G M E N T
It is submitted by the learned Special Government Pleader that the petitioner had moved an appeal before the Executive Engineer, under the Kerala Land Conservancy Act instead of moving the Revenue Authority under the Kerala Land Conservancy Act. In the light of the above, this Court is of the view that there is no contempt is made out against the respondent. However, if the petitioner moves appeal before the Revenue Authority the appeal shall be considered in the light of judgment of this Court. Hence, the Contempt of Court Case is closed.
Sd/-
(A.MUHAMED MUSTAQUE, JUDGE)
TRUE COPY
P.A TO JUDGE
DG
1 issue framed by the court
Whether contempt of court is made out against the respondent for the petitioner moving an appeal before the Executive Engineer instead of the Revenue Authority under the Kerala Land Conservancy Act.
Christina
R.Done
A.M.UHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
