IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Con.Case(C).No. 1132 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN R.P.NO.694/08 IN W.P.C.NO.4728/08 .................... PETITIONER: 1ST PETITIONER IN WPC 4728/2008: ----------------------------------------------- CELESTINE, S/O.JOSEPH, AGED 78, PANAKKAL HOUSE, KADAMAKKUDI P.O., MOOLAMPILLY, ERNAKULAM. BY ADV. SRI.SIBY MATHEW RESPONDENT: 2ND RESPONDENT IN WPC NO.4728/2008: -------------------------------------------------- SMT.K.M.BEENA, AGED ABOUT 52, FATHER'S NAME NOT KNOWN TO THE PETITIONER, DISTRICT COLLECTOR, ERNAKULAM. GOVERNMENT PLEADER SRI.D.ANIL KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - Contempt of Court Case No.1132 /08 in R.P.NO.694/08 IN W.P.(c).No. 4728 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2008 JUDGMENT A detailed counter affidavit has been filed by the respondent- District Collector. In paragraph 3 of the counter affidavit, it has been stated as follows: “ It is submitted that 9 evictees of Kadamakudy village filed W.P.(C)No.4728/08 before this Honourable Court and the Honourable Court issued interim order on 8-2-08 and 14-2-08 stating that if the petitioners are producing relevant documents and if they are willing to accept the compensation, the compensation amount has to be paid to them, otherwise the amount has to be deposited in Revenue Deposit or in Court. The petitioners in the W.P.(C) did not come forward to accept the amount. So the amount of compensation to the petitioners were deposited in Revenue Deposit/Court Deposit. Since the title over the property possessed by the petitioner, has not been proved, the award was passed under 31(2) of CCC.No.1132/08 2 L.A.Act and the amount was deposited in the Sub Court, Ernakulam and the L.A.R.No.69/08 is pending for disposal. The petitioner also filed reference application with relevant records have been forwarded to the Sub Court, Ernakulam and the case LAR.No.163/08 is pending for disposal.” Heard both sides. Perused the records. I am of the view that the only grievance which the petitioner can legitimately have in the context of the judgment of this court is that he has not been given land value at the DLPC rates. But already a reference under Section 18 of the Land Acquisition Act as well as one under section 31(2) have been registered before the local Subordinate Judge's court. It is open to the petitioner to establish his claim for land value at the DLPC rates in the reference under section 18. The Contempt of Court Case will stand dismissed since a case is not made out for initiation of action for contempt against the respondents. PIUS.C.KURIAKOSE JUDGE sv. CCC.No.1132/08 2