Saraswathy Amma P v. Sri Biju Prabhakar,District Collector

Kerala HC20 Jun 2018Con.Case(C)/1731/2015

Case brief

AI extract

What is this about?

In a contempt case where the petitioner alleged non-compliance with an earlier judgment direction, this court found that although there was laches, the authorities eventually constituted a committee. The matter was closed, leaving the petitioner liberty to challenge the impugned order.

What did the court decide?

The contempt case is closed; liberty to the petitioner to challenge the impugned order is left open.

Saraswathy Amma P Vs Sri Biju… — Constitutional and Fundamental Rights | Kerala HC (2018)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 20TH DAY OF JUNE 2018 / 30TH JYAISHTA, 1940

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Con.Case(C).No. 1731 of 2015

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AGAINST THE JUDGMENT IN WP(C) 4082/2013 OF THIS HON'BLE COURT DATED 18-02-2015

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PETITIONER/PETITIONER IN W.P.(C)

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SARASWATHY AMMA P W/O.LATE THANKAPPAN, VRINDAVAN THEKKE VEEDU, CHANGA DESOM, VELLARADA VILLAGE, NEDUMANGADU TALUK

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BY ADV.SRI.G.SUDHEER

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RESPONDENT(S)/RESPONDENTS:

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1. SRI BIJU PRABHAKAR, DISTRICT COLLECTOR THIRUVANANTHAPURAM 695001

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2. M SAINUDEEN, S/O. NOT KNOWN TO THE PETITIONER, AGED 54 YEARS, THASILDAR, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT

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BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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Con.Case(C).No. 1731 of 2015

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APPENDIX

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PETITIONER'S ANNEXURES

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ANNEXURE A	CERTIFIED COPY OF JUDGMENT IN W.P.(C) NO. 4082/2013 OF THIS HONOURABLE COURT DATED 18.2.2015.
ANNEXURE B	TRUE COPY OF COVERING LETTER NO. B2-WP(C) 4082/2013 DATED 27.4.2015 SENT BY THE UNDER SECRETARY.
ANNEXURE C	TRUE COPY OF THE LETTER NO.B2-22010/13 DATED 9.4.2015 SENT BY THE DISTRICT COLLECTOR TO THE TAHSILDAR.
ANNEXURE D	TRUE COPY OF LETTER NO. H2-16753/15 DATED 14.7.2015 SENT BY THE TAHSILDAR TO THE DISTRICT COLLECTOR.

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RESPONDENT'S ANNEXURE

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ANNEXURE R2(A)	A TRUE COPY OF THE 23.07.2015.	LETTER NO. 4006/2015 DATED
ANNEXURE R2(B)	A TRUE COPY OF THE 03.12.2015.	LETTER NO. H2/16753/15 DATED
ANNEXURE R2(C)	A TRUE COPY OF THE DESPATCH REGISTER,	EXTRACT OF RELEVANT PAGES FROM THE WHICH SHOW THAT THE SAID LETTER WAS
	DISPATCHED TO THE	PETITIONER ON 03.12.2015.
ANNEXURE R2(D)	A TRUE COPY OF THE	PROCEEDINGS DATED 06.06.2018.

/TRUE COPY /

PS TO JUDGE

PBS

22/6/2018

SHAJI P. CHALY, J

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Cont. Case (C) No. 1731 of 2015

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Dated this the 20^th day of June, 2018

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JUDGMENT

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This contempt case is filed by the petitioner complaining

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that directives contained in the judgment dated 18-02-2015, is

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not complied with.

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When the matter came up for admission on the previous occasion, I have directed the learned Government Pleader to place an affidavit before this court from the second respondent. Accordingly, an affidavit is filed in which, it is stated that actually in accordance with the directions issued in the judgment, a decision was taken, however, it was not converted

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as the proceedings of the respective statutory authority. Exhibits R2(a) to R2(c) are produced to justify the action of the respondents. Exhibit R2(d) order is now passed dated 6-6-

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Cont. Case (C) No. 1731 of 2015 2

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2018, taking into account Exhibit. R2(b) proceedings. Therefore, I am satisfied that orders are passed in accordance with the directions of this court, though at a belated stage. However, taking into account the recitals made in the affidavit, I am satisfied that there is no reason for proceeding against the respondents in the contempt proceedings even though there is laches on the part of the respondents.

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Therefore, the Contempt of Court case is closed accordingly leaving open the liberty of the petitioner to challenge the impugned order passed.

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Sd/SHAJI P. CHALY

JUDGE

21/06/2018

//TRUE COPY//

P.A. TO JUDGE

Saraswathy Amma P v. Sri Biju Prabhakar,District Collector

Case brief

What is this about?

What did the court decide?

Saraswathy Amma P v. Sri Biju Prabhakar,District Collector

Case brief

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