Petitioners filed a contempt petition alleging non-compliance with prior directions regarding government land compensation. Record showed the respondent had issued a compliant order, leading the court to close the case.
Contempt case closed on finding that the respondent had complied with prior directions.
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 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA,
1943
CON.CASE(C) NO. 1581 OF 2021
AGAINST THE JUDGMENT DATED 05.11.2020 IN WP(C)NO.23751 OF 2019 AND ORDER DATED 22.07.2021 IN I.A.NO.1 OF 2021 IN
WP(C)NO.23751 OF 2019 OF THE HIGH COURT OF KERALA,
ERNAKULAM
PETITIONERS:
1 K.B.AYSHA BEEVI AGED 73 YEARS D/O. BAPPU, THOTAKATTUKARA P.O., ALUVA, ERNAKULAM DISTRICT-683 571
2 K.B.MUHAMMED ASHRAF, AGED 70 YEARS KAVUNGADA MANGALAPPILLY HOUSE, CHOWARA P.O., ALUVA-683 5871, ERNAKULAM DISTRICT BY ADVS.
E.N.VISHNU NAMBOODIRI M.K.SASEENDRAN (MELEL) A.K.MAYAKRISHNAN NARAYANAN P POTTY
RESPONDENT:
DR.A.JAYATHILAK ADDITIONAL CHIEF SECRETARY, REVENUE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY ADV.M.H. HANIL KUMAR, SPL GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Cont.case(c)1581 OF 2021 2
JUDGMENT
The petitioners have filed this Contempt Case, alleging noncompliance of the directions contained in Annexure-A1 judgment of this Court dated 05.11.2020 in W.P.(C)No.23751 of 2019 and also in Annexure-A4 order dated 22.07.2021 in I.A.No.1 of 2021 in W.P.(C)No.23751 of 2019. Paragraphs 9 to 12 of Annexure-A1 judgment read thus;
“9. In the counter affidavit filed on behalf of the 1st respondent State it is stated that, the State is awaiting legal opinion in the matter. Further action, either to give compensation or to initiate disciplinary action against delinquent officers in having issued Exts.P10 and P12 title certificates in respect of land in possession of the Government shall be taken after getting legal opinion.
Cont.case(c)1581 OF 2021 3
decision on the request made by the petitioners, after obtaining a report from the Secretary, Land Board, through the Principal Secretary to Government, Revenue Department, with notice to the petitioners and after affording them an opportunity of being heard, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
admission, the learned Government Pleader, on instructions,
submitted that the respondent has already passed favourable
Cont.case(c)1581 OF 2021 4
orders on the request made by the petitioners and that a copy of that order dated 11.10.2021 shall be placed on record within two weeks.
Recording the above submission made by the learned counsel for the petitioners, this Contempt Case is closed.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
5
Cont.case(c)1581 OF 2021
APPENDIX
PETITIONERS' ANNEXURES:
| Annexure A1 | CERTIFIED COPY OF DATED 15.11.2020 THIS HON'BLE COUR |
THE SAID JUDGMENT IN WPC NO.23751/2019 OF T |
|---|---|---|
| Annexure A2 | TRUE COPY OF THE 2.12.2020 ISSUED SENDING ANNEXURE |
POSTAL RECEIPT DATED FOR REGISTRATION AND A1 TO THE RESPONDENT |
| Annexure A3 | TRUE COPY OF THE 20.1.20201 IN WA HON'BLE COURT |
JUDGMENT DATED NO.154/2021 OF THIS |
| Annexure A4 | CERTIFIED COPY OF 22.7.2021 IN IA N NO.23751/209 OF T |
THE ORDER DATED O.1/2021 IN WPC HIS HON'BLE COURT |
| Annexure A5 | TRUE COPY OF THE COC NO.327.18 IN HON'BLE HIGH COUR |
JUDGMENT DATED 2.9.2021 WPC N.2695/2017 OF T OF ANDRA PRADESH |
RESPONDENT'S ANNEXURES:NIL
TRUE COPY
P.A. TO JUDGE
K.B.Aysha Beevi & Ors.
Dr.A.Jayathilak
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
