Dismissed

Shajeer v. Mr. Rajesh Raveendran, Custodian of Vested Forests, Palakkad

Kerala HC20 Feb 2018Con.Case(C)/7/2018

Case brief

AI extract

What is this about?

Petitioner challenged non-compliance with a previous court order regarding land restoration. Respondent showed compliance. Judge closed the case after ruling that substantial compliance existed, leaving petitioner liberty to seek other remedies.

What did the court decide?

Closed contempt case; petitioner left with liberty to seek suitable remedy regarding remaining occupiers.

Shajeer Vs Mr. Rajesh Raveendran, Custodian of Vested… — Contempt of Court | 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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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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Con.Case(C).No. 7 of 2018 IN WPC. 18269/2015

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AGAINST THE ORDER/JUDGMENT IN WP(C) 18269/2015 of HIGH COURT OF KERALA DATED 06-01-2017

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PETITIONER(S):

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SHAJEER, AGED 45 YEARS,S/O.KALLUVETTIKUZHIYIL MUHAMMED ALI, RESIDING AT NULAMBUR AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT.

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BY ADV.SRI.N.M.MADHU

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RESPONDENT(S):

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1. MR. RAJESH RAVEENDRAN, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE CUSTODIAN OF VESTED FORESTS, HAVING THE PRESENTADDRESS AT OFFICE OF THE CUSTODIAN OF VESTED FOR FORESTS, OLAVAKODE, PALAKKAD-678 002.

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2. MR.ADALARESAN, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR-679 329.

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R1 & R2 BY SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 7 of 2018 IN WPC. 18269/2015

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APPENDIX

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PETITIONERS EXHIBITS:

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ANNEXURE A1:	CERTIFIED COPY OF THE JUDGMENT DATED 6.1.2017 IN WP(C)NO.18269/2015
ANNEXURE A2:	PHOTOCOPY OF THE LETTER DATED 15.02.2017 SENT TO THE FIRST RESPONDENT
ANNEXURE A2(a):	PHOTOCOPY OF THE LETTER DATED 15.2.2017 SENT TO THE SECOND RESPONDENT
ANNEXURE A3:	PHOTOCOPY OF THE LAWYER NOTICE DATED 7.11.2017
ANNEXURE A3(a):	PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE FIRST RESPONDENT
ANNEXURE A3(b):	PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE SECOND RESPONDENT

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RESPONDENTS ANNEXURES: NIL --------------------

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

C.O.(C) No. 7 of 2018

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Dated this the 20^th day of February, 2018

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JUDGMENT

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This contempt case is filed by the petitioner

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complaining that the directives contained in the judgment

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dated 6.1.2017 is not complied with.

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Today when the matter is taken up, learned special

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Government Pleader has produced the order of the

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respondents stating that the directives are complied with and

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the land is already restored to the petitioner.

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However, learned counsel for the petitioner

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submitted that, the restoration of possession is not in

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accordance with the directions contained in the order passed

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by the Tribunal, considered as Ext.P1 in the writ petition, and

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C.O.(C) No. 7 of 2018

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there are certain occupiers in the property. Having

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substantially complied with the directions contained in the judgement I am of the considered opinion that, there is no reason for pursuing the contempt case any further..

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Therefore, leaving open the liberty of the petitioner to seek suitable remedy in accordance with the directions contained in the order of the Tribunal, this contempt case is

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closed.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/20/2/

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C.O.(C) No. 7 of 2018

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Shajeer v. Mr. Rajesh Raveendran, Custodian of Vested Forests, Palakkad

Case brief

What is this about?

What did the court decide?

Shajeer v. Mr. Rajesh Raveendran, Custodian of Vested Forests, Palakkad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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