High Court of KeralaCon.Case(C)/321/2015closed

The Thrikkakara Municipality, Rep. By Its Secretary v. Mirash Babu

2015-04-07Honourable Mr. Justice A.Muhamed Mustaque12 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 Con.Case(C).No. 321 of 2015 (S) IN WP(C).27094/2014 ----------------------------------------------------- (AGAINST THE ORDER/JUDGMENT IN WP(C) 27094/2014 of HIGH COURT OF KERALA DATED 17-10-2014) PETITIONER(S)/PETITIONER IN WPC:

--------------------------------- THE THRIKKAKARA MUNICIPALITY, KAKKANAD, THRIKKAKARA, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S)/RESPONDNET NO.3 IN WPC:

-------------------------------------- MIRASH BABU (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM. R. BY ADV. GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

COC NO.321/2015 APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A: COPY OF JUDGMENT DATED 17/10/2014 IN W.P.(C) 27094/2014 /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - C.O.C No. 321 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April , 2015

JUDGMENT

This contempt is arising from the judgment dated 17/10/2014 passed by this Court in W.P.(C) No.27094/2014 directing the Taluk Surveyor, Kanayannur Taluk to finalise the demarcation of the properties and issue a sketch to the petitioner within a period of two months from the date of receipt of a copy of the judgment.

2. The learned Government Pleader submits that sketch has already been drawn and produced in another contempt case i.e. C.O.C. No.322/2007. Therefore, the original of the sketch is not in the record of the Taluk Surveyor. If the sketch is ordered to be returned, the respondent can comply with the direction of this Court in W.P.(C) No.27094/2014 without any difficulty, submits the learned Government Pleader.

3. In that view of the matter, the original of the sketch already produced in C.O.C. No.322/2007 shall be returned to the respondent, as against the acknowledgment, after keeping

the attested photostat copy of the same on the record. Based on that sketch, steps shall be taken by the Taluk Surveyor to identify the area of the properties within a further period of six weeks from the date of receipt of the sketch. For the purpose of identify the property, the petitioner shall depute an authorised officer to assist the Taluk Surveyor.

4. The respondent shall communicate the petitioner for assistance in writing and the petitioner or the authorized officer of the petitioner shall appear before the respondent on receipt of such communication. The entire exercise in this regard shall be completed within a period of six weeks from the date of receipt of a copy of this judgment. The contempt case is closed.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.