In contempt proceedings, the Court observed that the District Collector had directed a survey of the disputed property to determine encroachment. Viewing these steps as sufficient compliance, the Court closed the contempt case without further prosecution.
Contempt proceedings closed recording steps taken by District Collector to conduct a survey.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
CON.CASE(C) NO. 1204 OF 2009
AGAINST THE ORDER/JUDGMENT WPC 16159/2006 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
M.SUSEELA
D/O.LATE S.MADHAVA KAIMAL,
THEKKEMACKIYIL HOUSE,
CHAMPAKARA P.O., KARUKACHAL,
KOTTAYAM DISTRICT.
BY ADV M.SUSEELA(Party-In-Person)
RESPONDENT/3RD RESPONDENT IN THE WPC:
1MARIAMMA JOHN
AGED 54 YEARS,
W/O P.M.MATHAI, SECRETARY,
KARUKACHAL GRAMA PANCHAYATH,
KARUKACHAL P.O.,
KOTTAYAM DISTRICT, PIN-686 540.
BY ADVS.
K.SHAJ
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Con.Case(C) No.1204 of 2009
JUDGMENT
Dated this the 23rd day of August, 2023
W.P.(C) No.16159 of 2006 was filed by the petitioner
seeking to direct the 3rd respondent-Grama Panchayat to take immediate steps to evict the 4th respondent from the encroached portion of the thodu puramboke situated in Survey No.207/9 of Karukachal Village in Ward No.1 of Karukachal Grama Panchayat and also to remove all obstructions from the banks of the thodu and the free flow of water through the thodu in compliance of the direction in Ext.P5.
Grama Panchayat filed a counter affidavit. The Counter affidavit would indicate that upon receiving a copy of the judgment, the then Secretary of the Grama Panchayat requested the Taluk Surveyor and Tahsildar to measure and demarcate the property and submit a report, for compliance of the judgment. The Taluk Surveyor in September, 2010
Con.Case(C) No.1204 of 2009
3
communicated that one corner of the house of the
4th respondent was encroaching the puramboke by about 30-40 Centimeters.
encroachment of Thodu by various persons, the property has now been reduced to 35 Cents. The petitioner would submit that construction of a retaining wall by the authorities has also substantially reduced the extent of property of the petitioner.
23.11.2009, this Court had directed the Tahsildar, Changanassery to render necessary assistance to the respondent in the Contempt of Court Case for effective
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Con.Case(C) No.1204 of 2009
implementation of the judgment. Pursuant to these directions, the District Collector has passed proceedings DCKTM/6995/2023-L7 dated 29.07.2023 whereunder the
District Collector has directed the Tahsildar (LR), Changanassery to conduct a survey.
In view of the steps now taken at the instance of the District Collector, I find that this Contempt of Court Case proceedings need not be prosecuted further. The Contempt of Court Case is closed recording the steps now taken by the District Collector. It is made clear that the petitioner will be at liberty to agitate her claims before the appropriate authorities if any grievance remains after the survey is conducted.
Sd/-
N.NAGARESH
JUDGE
spk
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Con.Case(C) No.1204 of 2009
APPENDIX OF CON.CASE(C) 1204/2009
PETITIONER ANNEANNEXURE-1 |
XURESCERTIFIED COPY OF THE JUDGMENT DATED05.09.2008 PASSED BY THIS HON’BLE COURTIN WPC NO.16159 OF 2006 |
|---|---|
ANNEXURE-II |
TRUE PHOTOCOPY OF THE ACKNOWLEDGMENTCARD |
ANNEXURE-III |
A TRUE PHOTOCOPY OF THE NOTICE DATED07.08.2009 SENT BY THE PETITIONER TOTHE RESPONDENT |
ANNEXURE-IV |
A TRUE PHOTOCOPY OF THE COMMUNICATIONDATED 10.08.2009 FROM THE RESPONDENT TOTHE PETITIONER |
Annexure 6 |
TRUE COPY OF TAX RECEIPT DATED10.04.1991 |
Annexure 7 |
TRUE COPY OF BTR |
Annexure 8 |
FINAL REPORT IN CR. NO. 501/2010 OFKARUKACHAL POLICE STATION |
Annexure 9 |
TRUE COPY OS 136/2010 (417/12) |
Annexure 10 |
TRUE COPY OF OS NO.11/2012 |
Annexure 11 |
TRUE COPY OF STATEMENT OF BDO BEFORELOKAYUKTHA |
Annexure 12 |
TRUE COPY OF LIST OF WORK DONE BYMADAPPALLY BLOCH FROM 1997 ONWARDS |
Annexure 13 |
TRUE COPY OF DETAILS OF WORK DONE BYAJIKUMAR K K IN MACKIYIL THODU BELOWCULVERT |
Annexure 14 |
ENCUMBRANCE CERTIFICATE OF RE.SURVEYNO.207/7 DATED 27.07.2010 |
Annexure 15 |
ENCUMBRANCE CERTIFICATE OF RE.SURVEYNO.207/7 DATED 13 11.2019 |
Annexure 16 |
TRUE COPY OF PETITION SIGNED BY 28PERSONS AGAINST ME OBTAINED CI OFPOLICE VAKATHANAM |
Annexure 17 |
SETTLEMENT REGISTER OF OLD SUVEY NO.236, 237 ALONG WITH LETTER FROM CENTRALSURVEY OFFICE DATED 01 07 2014 |
Annexure 18 |
TRUE COPY OF PLAN SUBMITTED BY SURVEYORTO ME |
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Con.Case(C) No.1204 of 2009
Annexure 19TRUE COPY OF PLAN SUBMITTED BY SURVEYOR
TO THE SUB-COURT WITH COMMISSION REPORT
Annexure 19ATRUE COPY OF PLAN SUBMITTED BY SURVEYOR
TO THE SUB-COURT WITH COMMISSION REPORT
RESPONDENT ANNEXURES
Annexure R1ATHE TRUE COPY OF JUDGMENT DATED
21/06/2023 IN CRL. M.C. NO. 2720/2015
PASSED BY THIS HON'BLE COURT
1 issue framed by the court
Whether the contempt proceedings against the 3rd respondent (Grama Panchayat) for alleged violation of the judgment in W.P.C. No.16159 of 2006 need to be continued.
M. Suseela
Mariamma John
N. Nagareskh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court