IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Con.Case(C).No. 16 of 2011(S) ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.19082/2009 Dated 19/03/2010 .................... PETITIONER(S): PETITIONERS IN WPC ---------------------------------------------- 1. P.P.SABU, S/O. PHILIP, AGED 52 YEARS, PUTHENPURAKKAL, K.A.P.ROAD, NILAMBUR P.O., PIN-679 320, MALAPPURAM DISTRICT. 2. ANNAMMA N.K., WIDOW OF PHILIP P.C., AGED 79 YEARS, PUTHENPURAKKAL, K.A.P.ROAD, NILAMBUR P.O., PIN-679 329, MALAPPURAM DISTRICT. BY ADVS. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT(S): RESPONDENTS IN WPC ------------------------------------------------ 1. M.C.MOHANDAS,THE DISTRICT COLLECTOR, MALAPPURAM - 676 605.(NAME AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS). 2. JOY THOMAS,THE TAHSILDAR, NILAMBUR TALUK,NILAMBUR, MALAPPURAM DISTRICT - 679 329. (NAME AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS). 3. K.M.PANKAJAKSHI,THE ADDITIONAL TAHSILDAR, MALAPPURAM TALUK,NILAMBUR - 679 329. (NAME AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS). 4. MOHANAKRISHNAN,THE VILLAGE OFFICER, WANDUR VILLAGE, WANDUR P.O., MALAPPURAM DISTRICT - 679 143. (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS). R1 BY GOVT. PLEADER SMT.M.R.SREELATHA THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- Contempt Case(C)No.16 Of 2011 ----------------------------------------------------- DATED THIS THE 27th DAY OF JANUARY, 2011 J U D G M E N T Alleging that the respondents are not complying with the direction in Annexure I judgment, the petitioners have filed the Contempt Case. As per the judgment, this Court directed the petitioners to produce an authentic copy of the 'Will' before the Village Officer along with a reply to Exhibit P7 and the other documents required, based on which further action will be taken by the 3rd and 4th respondents in accordance with law to reconvey the property. In the affidavit filed by the 2nd respondent , in paragraph No.4, it is stated as follows: “ It is respectfully submitted that the petitioners produced will before the respondent. But in the will, an extent of 8.75 Acres were only bequeathed to Sri P.P.Babu, the 1st petitioner. In compliance to the direction of this Hon'ble Court, 8.75 Acres of land were re-conveyed to the 1st petitioner on 10.6.2010. The order of re-conveyance submitted by Additional Tahsildar before the District Collector, Malappuram dated 19.6.2010 is produced herewith and marked COC.No.16/11 -2- as Annexure R2(a). In the will, there is no observation with respect to 42.5 Cents of land. It cannot be assumed that it is given to 1st petitioner. So the respondent directed petitioners to produce Legal Heirship Certificate of late P.C.Philip and consent from other legal heirs for re-conveying the remaining portion of the property. If petitioner produces that document, then the remaining portion of the property can be re-conveyed.” The learned counsel for the petitioners therefore prayed that recording the same, the Contempt Case may be closed. Accordingly the contempt of Court Case is closed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge