Contempt case regarding alleged non-compliance of a direction to set aside a fee condition under the Conservation of Paddy Land Act. Submissions were received that the respondent had issued a revised order complying with the direction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942
Con.Case(C).No.1093 OF 2020 IN WP(C). 5436/2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 5436/2019(D) OF HIGH COURT OF KERALA
PETITIONER:
KALPANA DAVIS AGED 37 YEARS W/O.JOE PAUL, PUTHANANGADI HOUSE, GURUVAYUR ROAD, KUNNAMKULAM P.O., THALAPILLY TALUK, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENTS:
1 SNEHIL KUMAR SINGH
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SUB COLLECTOR-FORT KOCHI, ERNAKULAM-682 001.
2 K.V.AMBROS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, TAHASILDAR, KARUMALLUR, THRISSUR-683 511.
BY SMT K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.1093 OF 2020 IN WP(C). 5436/2019
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JUDGMENT
This contempt case is filed by the petitioner, alleging noncompliance of the direction contained in Annexure-A judgment of this Court dated 05.08.2019 in W.P.(C).No.5436 of 2019, whereby that writ petition was disposed of by setting aside Ext.P6 order of the Revenue Divisional Officer to the extent of condition for payment of fee under sub-section (3) of Section 27A of the Conservation of Paddy Land and Wet Land (Amendment) Act, 2017, at the rate prescribed in sub-rule (9) of Rule 12 of the Rules, read with the Schedule to that Rules, for conversion of the land in question. The Tahsildar, the 2nd respondent herein, was also directed to effect consequential addition in the basic tax register concerning the property of the petitioner referred to in Ext.P6 order dated 13.04.2018 , taking note of the law laid down by a Division Bench of this Court in Local Level Monitoring
Committee, Kizhakkambalam Grama Panchayat and Others
v. Mariumma and another [2015 (3) KHC 19] , without referring to the provisions of Section 27A or 27C of the Kerala Conservation of Paddy Land and Wetland Act, 2008 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of that
Con.Case(C).No.1093 OF 2020 IN WP(C). 5436/2019
3
judgment.
admission, the learned Government Pleader sought time to get instructions.
of the learned Senior Government Pleader, a copy of order No.D110125/2019 dated 14.08.2020 issued by the 2nd respondent herein is placed on record. The learned counsel for the petitioner would submit that since the 2nd respondent has complied with the direction contained in Annexure-A judgment by issuing the aforesaid order, this contempt case may be closed.
Recording the aforesaid submission made by the learned counsel for the petitioner, this contempt case is closed.
Sd/-
ANIL K.NARENDRAN
JUDGE
JV
Con.Case(C).No.1093 OF 2020 IN WP(C). 5436/2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A TRUE COPY OF THE JUDGMENT DATED 5/8/2019 IN WP(C) NO.5436/2019. ANNEXURE -B TRUE COPY OF THE ORDER DATED 5/8/19 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT ANNEXURE-C TRUE COPY OF THE LETTER DATED 12/12/2019 ISSUED BY THE TAHASILDAR TO THE 1ST RESPONDENT.
Colour shows how this judgement treated each authority
Local Level Monitoring Committee, Kizhakkambalam Grama Panchayat and Others v. Mariumma and anotherReferred¶19
Local Level Monitoring Committee, Kizhakkambalam Grama Panchayat and Others v. Mariumma and another [2015 (3) KHC 19]
Kalpana Davis
Snehil Kumar Singh
K.V.Ambros
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
