A.K.Muhammed v. Sri.Rajesh Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Con.Case(C).No. 300 of 2015 () IN WP(C).16260/2012 ---------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 16260/2015 of HIGH COURT OF KERALA DATED 13-07-2012 PETITIONER(S)/PETTIONERS:
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1. A.K.MUHAMMED AGED 49 YEARS S/O LATE P.KUNHI MOOSA, AMMOOLAKANDIYIL HOUSE CHOKLI P.O., THALASSERY, MDA MAHE KANNUR DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER JAFAR KHAN A.P., AMBALA PARAMBIL HOUSE KUNNAMANGALAM P.O., KOZHIKODE DISTRICT.
2. P.MOHAMMED PALAZHI, OLAVANNA DESOM, GURUVAYURAPPAN COLLEGE P.O. KOZHIKODE DISTRICT.
BY ADV. SRI.P.M.POULOSE RESPONDENT(S/RESPONDENTS 2 & 3:
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1. SRI.RAJESH RAVINDRAN, AGED 42 YEARS S/O SRI. C.RAVINDRAN RESIDING AT OLAVAKODU CUSTODIAN AND CONSERVATOR OF FORESTS VESTED FORESTS, OLAVAKODE CIRCLE-678002.
2. P.DHANESH KUMAR, AGED 39 YEARS FATHERS NAME NOT KNOWN RESIDING AT KALPETTA DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION KALPETTA, WAYANAD DISTRICT-673001.
BY SHRI M.P. MADHAVANKUTTY, SPL. G.P.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - C.O.C.No.300 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2015
JUDGMENT
The petitioners herein are the petitioners in the writ petition and it is alleged that the interim order passed by this Court, produced as Annexure I, has been violated. Therein, the direction was that coercive steps will not be initiated against the petitioners. The said interim order is stated to be continuing. Alleging that in violation of the interim order, a portion of the property was subjected to eviction of occupants including demolition of a building in the possession of the petitioners, this Contempt Case has been filed.
2. An affidavit has been filed by the respondent. The substantial contention taken in paragraph 5 is that the interim order has not been violated. The encroachment in the tribal land having an extent of 8 cents in R.S. No.126/1 of Vellarimala Village of Vythiri Taluk has been detected by the forest officials on 24.1.2015. The apparent contention is that it was an encroachment made by one Shri Manoj
COC 300/2015 Chooralmala with the help of a group of persons who does not belong to Scheduled Tribe. After issuing Annexure R2(a) notice, the eviction process was completed.
3. Learned Special Govt. Pleader submitted that the area is not one claimed by the petitioners in the writ petition. The petitioners have filed a reply affidavit also. Therein, they have relied upon a communication issued by the Village Officer under the Right to Information Act.
4. As far as the above dispute, i.e. whether the demolition was done in an area not in the possession of the petitioners is concerned, it cannot be a matter where this Court can take evidence in this Contempt Case.
Therefore, without prejudice to the contentions of the petitioners to be raised in the writ petition, the C.O.C. is closed. (T.R. RAMACHANDRAN NAIR, JUDGE.) kav/