IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Con.Case(C).No. 1006 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.641/2009 Dated 03/03/2009 .................... PETITIONER(S): PETITIONERS -------------------------- 1. P.V.THANKAMANI, AGED 42 YEARS,D/O.T.V.KUNHAMBU,THEKKUMPADU, SOUTH THRIKKARIPUR,P.O.ELAMBACHI, HOSDURG TALUK,KASARGOD DISTRICT. 2. T.V.KUNHAMBU, AGED 74 YEARS, S/O.AMBU KARANAVAR, THEKKUMPADU, SOUTH THRIKKARIPUR,P.O.ELAMBACHI, HOSDURG TALUK,KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT ------------------------- N.GARUPADA, AGED 52 YEARS,(FATHERS NAME NOT KNOWN TO THE PETITIONER) WORKING AS SPECIAL TAHSILDAR, LAND ACQUISITION,(RAILWAY),KASARGOD. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Cont. Case (C) No. 1006 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th October, 2009. J U D G M E N T The petitioner alleges that the direction in Annexure A1 judgment has not been complied with. By Annexure A1 judgment, I directed the State to refer the claim of the petitioner under Section 31(2) of the Kerala Land Acquisition Act within one month from the date of receipt of copy of the judgment. Originally the learned Government Pleader submitted that the matter could not be referred only because the requisitioning authority, namely, the Railways did not make available the award, which has to be deposited by the State in the Court along with the reference. The learned Government Pleader now submits that the amount has been deposited and the matter has been referred to the Court on 12-10-2009. This is recorded and the contempt case is closed. However, I make it clear that the petitioner would be entitled to file a petition for restoration of the contempt case to file, if the statement of the learned Government Pleader turns out to be incorrect. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.