Disposed

Retnamma, v. a.Alexander I.A.S

Kerala HC28 Sept 2021Con.Case(C)/1036/2021

Case brief

AI extract

What is this about?

This court closed a contempt case where petitioners challenged the District Collector's failure to comply with a directive to act on a property application. The Court accepted the Respondent's submission that the order was compliant, clearing the pendency.

What did the court decide?

The contempt case was closed; the pendency of the case is a reasonable ground for condoning delay in challenging the order.

Retnamma, Vs a.Alexander I.A.S — Writ and Judicial Review | Kerala HC (2021)

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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 SUNIL THOMAS

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TUESDAY, THE 28^TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943

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CON.CASE(C) NO. 1036 OF 2021

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IN RESPECT OF THE JUDGMENT DTD 24.2.2021 IN WP(C) 4801/2021

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OF HIGH COURT OF KERALA, ERNAKULAM

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PETITIONERS/PETITIONERS IN WPC:

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1 RETNAMMA,

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AGED 76 YEARS

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D/O.RAMANKUTTY, PARACKOTTVELY HOUSE, VARAMAM P.O., THANNEERMUKKOM NORTH VILLAGE 688 555

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2 OMANA AGED 74 YEARS

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D/O.RAMANKUTTY, PARACKOTTVELY HOUSE, VARAMAM P.O., THANNEERMUKKOM NORTH VILLAGE 688 555

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BY ADVS.SRI.T.G.SUNIL (PRANAVAM) SRI.C.X.ANTONY BENEDICT SRI.T.S.BHARATH KRISHNA SRI.KURIAN ANTONY MATHEW

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RESPONDENT/1ST RESPONDENT IN WPC:

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A.ALEXANDER I.A.S DISTRICT MAGISTRATE (DISTRICT COLLECTOR), COLLECTORATE, ALAPPUZHA 688 001

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BY ADV.SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Cont.Case (Civil) NO.1036 of 2021

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:-2-:

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Dated this the 28th day of September, 2021

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J U D G M E N T

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This Court by judgment dated 24.02.2021 had directed the first respondent therein to take up Ext.P3 application which is a petition dated 09.09.2020 submitted before the first respondent and to pass appropriate orders on it within a period of one month from the date of receipt of a copy of that judgment.

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2. The petitioners have approached this Court contending that the above order has not been complied with. It was submitted by the learned counsel that though, Annexure B order was received, it does not purport to be the order passed on

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Ext.P3 application and apparently it appears to be the order on an appeal.

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3. When the matter was taken up today, the

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learned Government Pleader on instruction submitted

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that the above order was in fact the order passed

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on Ext.P3, though inadvertently it was referred to

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Cont.Case (Civil) NO.1036 of 2021

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:-3-:

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as one passed on appeal. Virtually, it is the order

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on Ext.P3 and in compliance with the judgment of this Court.

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Though prima facie I feel that there is a

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considerable force in the contention of the learned counsel for the petitioners, Annexure B refers to

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the judgment of this Court as fifth reference, and also refers to Ext.P3 application, referred as No.1. Hence, I am inclined to accept the submission made by the learned Government Pleader. Accordingly, this Contempt case is closed clarifying this and making it clear that pendency of the Contempt Case shall be a reasonable ground

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for condoning the delay in challenging Annexure B order, if any, by the petitioners.

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All pending interlocutory applications are

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closed.

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Sd/- SUNIL THOMAS JUDGE

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ami/

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Cont.Case (Civil) NO.1036 of 2021

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:-4-:

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APPENDIX OF CON.CASE(C) 1036/2021

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PETITIONERS' ANNEXURE

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Annexure A CERTIFIED COPY OF JUDGEMENT DATED 24.2.2021 OF THIS HON'BLE COURT IN W.P. (C) NO.4801/2021

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Annexure B TRUE COPY OF THE ORDER DATED 18.6.2021 OF THE DISTRICT COLLECTOR, ALAPPUZHA

Retnamma, v. a.Alexander I.A.S

Case brief

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Retnamma, v. a.Alexander I.A.S

Case brief

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