Dismissed

Sunil Kumar K.R v. Nazer Km

Kerala HC7 Jul 2023Con.Case(C)/953/2023

Case brief

AI extract

What is this about?

In a Contempt of Court case arising from a violation of a judgment in W.P.(C) 22269/2022, the petitioner alleged the Tahsildar improperly directed them to approach the Revenue Divisional Officer under the Kerala Conservation of Paddy Land and Wetland Act, 2008 instead of passing orders on the Form-A application as directed.

What did the court decide?

Contempt of Court case dismissed with liberty to challenge the impugned proceedings in appropriate legal proceedings.

Sunil Kumar K.R Vs Nazer Km — Contempt of Court | Kerala HC (2023)

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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 N.NAGARESH

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FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945

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CON.CASE(C) NO. 953 OF 2023

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AGAINST THE ORDER/JUDGMENT WP(C) 22269/2022 OF
HIGH COURT OF KERALA

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PETITIONER/PETITIONER IN WPC:

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SUNIL KUMAR K.R
AGED 40 YEARS
S/O RAMACHANDRAN NAIR,
KUNNATHUMADATHIL HOUSE, IRAMALLOOR P.O,
KOTHAMANGALAM, ERNAKULAM, PIN – 686691

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BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN

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RESPONDENT/RESPONDENT NO.3 IN WPC:

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NAZER KM

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AGED 45 YEARS

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THE TAHSILDAR (LR), KOTHAMANGALAM TALUK OFFICE,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691

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ADV PREMCHAND R -GP

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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Con.Case(C) No.953 of 2023

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JUDGMENT

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Dated this the 7^th day of July, 2023

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The contempt petitioner alleged violation of the judgment

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dated 28.09.2022 in W.P.(C) No.22269 of 2022. This Court as

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per the said judgment directed the respondents as follows:

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“The 1^st respondent-Revenue Divisional Officer is therefore directed to dispose of Ext.P2 application submitted by the petitioner after adverting to the LLMC Report within a period of two months. On the petitioner producing a copy of the order passed on Ext.P2, the 3^rd respondent-Tahsildar shall pass appropriate orders on Ext.P6-Form A application within a further period of one month.”

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The petitioner alleges that in spite of the direction

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given to the 3^rd respondent-Tahsildar to consider Ext.P6 Form-A application, the Tahsildar has issued Annexure A3 proceedings dated 12.01.2023 stating that the petitioner has to approach the

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Revenue Divisional Officer under the Kerala Conservation of Paddy Land and Wetland Act, 2008.

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I find that the direction was to consider Ext.P6 Form-

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A application of the petitioner. After considering the Form-A

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Con.Case(C) No.953 of 2023

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application, the Tahsildar has passed an order stating that the petitioner has to resort to the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. As a decision has been taken by the Tahsildar, if the petitioner is aggrieved by Annexure A3 proceedings, the petitioner will have to challenge it in accordance with law in appropriate proceedings.

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In the circumstances, I do not find any prima facie contempt in the matter. The Contempt of Court Case is therefore dismissed, granting liberty to the petitioner to challenge Annexure A3 proceedings of the Tahsildar, if the petitioner is so advised.

Sd/-

N.NAGARESH

JUDGE

spk

Con.Case(C) No.953 of 2023

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APPENDIX OF CON.CASE(C) 953/2023

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE ORDER OF THE RDO,
MUVATTUPUZHA DATED 23.05.2015
Annexure A2TRUE COPY OF THE ORDER OF RDO,
MUVATTUPUZHA DATED 31.12.2022
Annexure A3TRUE COPY OF THE PROCEEDINGS DATED
12.01.2023 OF TAHSILDAR, KOTHAMANGALAM

Sunil Kumar K.R v. Nazer Km

Case brief

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Sunil Kumar K.R v. Nazer Km

Case brief

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