Contempt case filed for non-compliance of directives in WP(C) 402/2017. Court observed that the Respondent was transferred and Sub Collector is the authority for the will dispute. Order remanded to Sub Collector within two months and closed the contempt case.
Contempt case closed; incumbent directed to transmit record to Sub Collector within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939
Con.Case(C).No. 2276 of 2017 IN WPC. 402/2017
AGAINST THE ORDER/JUDGMENT IN WP(C) 402/2017 of HIGH COURT OF KERALA DATED 13-02-2017
PETITIONER(S)/PETITIONER:
M.K.BALAN MATTUKKARAN VEEDU, VATTAVADA, KOVILOOR P.O., IDUKKI - 685 615.
BY ADV.SRI.K.K.SATHEESH
RESPONDENT(S)/RESPONDENT:
PRASAD
AGED ABOUT 35 AND FATHER'S NAME NOT KNOWN, THE VILLAGE OFFICER, VATTAVADA VILLAGE OFFICE, KOVILOOR P.O., PIN - 685 615, IDUKKI DISTRICT.
BY GOVERNMENT PLEADER SMT.VINITHA B
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 2276 of 2017 IN WPC. 402/2017
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A: TRUE COPY OF THE JUDGMENT DATED 13.2.2017 PASSED BY THIS HON'BLE COURT IN WP(C)NO.402/2017
RESPONDENT'S ANNEXURES:
NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
C.O(C) No.2276 of 2017
Dated this the 14th day of February, 2018
JUDGMENT
This contempt case is filed by the petitioner complaining
that the directives contained in the judgment dated 13.2.2017
are not complied with.
Government Pleader pointed out that, since the subject
application is in respect of a will and there is dispute , the Sub
Collector is the authority to take decision. It is also stated that,
the respondent herein is already transferred and another person
has already taken charge. In that view of the matter I am of the
considered opinion that, the contempt case can be closed by
making suitable observations. The present incumbent in office of
the Village Officer will be at liberty to transmit the record to the
C.O(C) No.2276 of 2017
2
Sub Collector concerned, who will look into the matter and do
the necessary in accordance with the directives contained in the
judgment, at the earliest possible time, and at any rate, within
two months.
Contempt case is closed accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/14/2/
1 issue framed by the court
Whether the order in the petition's writ petition should be complied with when the village officer has been transferred.
M.K. Balan Mattukkaran Veedu, Vattavada, Kovilloor P.O., Idukki
Prasad, Village Officer, Vattavada Village Office, Kovilloor P.O., Idukki District
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
