This contempt petition alleged non-compliance with a 2020 High Court order directing payment to the petitioner. The court found that compliance had been achieved via an affidavit filed by the second respondent and closed the case.
The contempt petition was closed as the directions of the earlier judgment were found to have been complied with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA,
1943
CON.CASE(C) NO. 1567 OF 2021
AGAINST THE JUDGMENT DATED 11.11.2020 IN WP(C)NO.8967 OF 2017 OF HIGH COURT OF KERALA, ERNAKULAM
PETITIONER:
K.T.MARYKUTTY AGED 60 YEARS
POOTHILLIL HOUSE, VANIYAMPARA P.O., THRISSUR DISTRICT
BY ADVS. P.R.VENKATESH G.KEERTHIVAS
RESPONDENTS:
1 P.R.SUDHA DEPUTY COLLECTOR OF SEPCIAL LAND ACQUISITION OFFICER (LA) NATIONAL HIGHWAY, THRISSUR-680 001
2 SANJAY KUMAR PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI), THRISSUR-680 001
BY ADVS. NANAVATI MAULIK.G SANTHOSH MATHEW ARUN THOMAS JENNIS STEPHEN ANIL SEBASTIAN PULICKEL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Cont.case(c)1567 OF 2021
JUDGMENT
The petitioner has filed this Contempt Case, alleging noncompliance of the directions contained in Annexure 1 judgment of this Court dated 11.11.2020 in W.P.(C)No.8967 of 2017, whereby
that writ petition was disposed of with the following directions;
ii) On such order being passed and necessary funds being sanctioned by the 2nd respondent, the 1st respondent shall disburse the eligible amount to the petitioner, without any delay.”
admission, the learned Standing Counsel for National Highway Authority of India submitted that the 1st respondent Deputy Collector and Special Land Acquisition Officer (LA) has already been instructed to disburse the amount payable to the petitioner from the available funds and the compliance report will be filed
before this Court within two weeks.
Cont.case(c)1567 OF 2021 3
the learned Standing Counsel for National Highway Authority of India would submit that an affidavit on compliance has already been filed on behalf of the 2nd respondent, on 22.11.2021. Registry has incorporated that affidavit today as 'Bench Mark'.
In such circumstances, this Contempt Case is closed.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
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Cont.case(c)1567 OF 2021
APPENDIX
PETITIONER'S ANNEXURES:
| Annexure 1 | TRUE COPY OF THE JUDGMENT DATED |
|---|---|
| 11.1.2020 IN WPC NO.8967/2017 OF THIS HON'BLE COURT |
|
| Annexure 2 | TRUE COPY OF LETTER DATED 27.11.2020 OF THE PETITIONER |
RESPONDENT'S ANNEXURES:
| Annexure R2(1) | TRUE COPY OF ORDER DATED 06.03.2010 MADE BY THE COMPETENT AUTHORITY (LAND ACQUISITION, NATIONAL HIGHWAYS) IN LAND AQUISITION CASE NO.1498 OF 2009. |
|---|---|
| Annexure R2(2) | TRUE COPY OF THE ARBITRAL AWARD DATED 24.06.2013 PASSED IN ARBITRATION CASE NO.939 OF 2013 ALONG LEGIBLE COPY OF ANNEXUE R2(2). |
| Annexure R2(3) | TRUE COPY OF THE ORDER DATED 05.11.2020 MADE BY COMPETENT AUTHORITY (LAND ACQUISITION, NATIONAL HIGHWAYS). |
| Annexure R2(4) | TRUE COPY OF THE LETTER DATED 26.10.2021 WRITTEN TO THE COMPETENT AUTHORITY (LAND ACQUISITION, NATIONAL HIGHWAYS). |
TRUE COPY
P.A. TO JUDGE
K.T.MARYKUTTY
1 P.R.SUDHA DEPUTY COLLECTOR OF SEPCIAL LAND ACQUISITION OFFICER (LA)
2 SANJAY KUMAR PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
