IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Con.Case(C).No. 124 of 2011(S) ------------------------------------ (IN THE judgment OF THIS COURT IN WP(C) 2110/09 DTD. 10.8.10) PETITIONERS/PETITIONERS 1 TO 3: ---------------------------------------- 1. C.H.FAZLU RAHMAN, S/O.MUHAMMED HAJI, AGED 33 YEARS, CHEKIDAPURATH HOUSE, VADAKKEMANNA, KODOOR, MALAPPURAM DISTRICT. 2. C.H.HYDERALI, S/O.KUTTIHASSAN HAJI, AGED 45 YEARS, CHOLASSERY HOUSE, VADAKKEMANNA, KODOOR, MALAPPURAM DISTRICT. 3. C.P.MUHAMMED SHAJI, AGED 42 YEARS, S/O.RUKHIYA, CHERUKADU POTTEKKADU HOUSE, VADAKKEMANNA, KODOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS 4 AND 5: ---------------------------------------------- 1. M.C.MOHANDAS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, DISTRICT COLLECTOR, MALAPPURAM, PIN-676 505. 2. RADHAKRISHNAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE SPECIAL TAHSILDAR, LAND ACQUISITION(GENERAL), MALAPPURAM, PIN-676 505. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CC(C) 124/2011 A P P E N D I X ANNEXURES: ANNEXURE A : COPY OF JUDGMENT DTD. 10.8.10 IN WP(C) 2110/09 OF THIS COURT. ANNEXURE B : COPY OF ORDER IN R.P.1093/10 IN WP(C) 2110/09 DTD. 15.12.10 OF THIS COURT. ANNEXURE R1(a) : COPY OF LETTER DTD. 16.3.11. ANNEXURE R1(b) : COPY OF LETTER DTD. 2.5.11. ANNEXURE R1(c) : COPY OF LETTER DTD. 7.6.11. ANNEXURE R1(d) : COPY OF LETTER DTD. 15.6.11. ANNEXURE R3(a) : COPY OF LETTER No.A3.LA.1621/03(LA) DTD. 20.6.11. ANNEXURE R3(b) : COPY OF LETTER No.CE/R&B/BW/MNJ/39899/03 DTD. 13.7.11. ANNEXURE R3(c) : COPY OF LETTER No.CC(C) 124/11 DTD. 16.11.11, LETTER No.A3/1621/03 DTD. 18.11.11 AND LETTER No.CA-33/11 DTD. 9.6.11. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. ------------------------------------------ Contempt Case (C) No.124 OF 2011 ------------------------------------------- Dated this the 1st day of December, 2011. J U D G M E N T The petitioners have approached this Court complaining about the disobeyance of the directions issued in Annexure A judgment. In the said judgment, a direction was issued to the 1st respondent as follows: “There will be a direction to the 1st respondent to see that the amount is sanctioned and Letter of Credit is issued to the PWD within a period of two months from the date of receipt of a copy of this judgment. Every efforts should be made to pass the Awards and disburse the compensation to the petitioners after making available the funds by the Government. The same shall be done by the respondents 1 to 5 and the amount shall be disbursed to the petitioners within a period of three months from today. While passing the Award, the entitlement of the petitioners for various benefits under the Land Acquisition Act will also be considered”. 2. Affidavits have been filed by the respondents and finally the District Collector has now filed an affidavit today. Paragraphs 7 and 8 of the said affidavit reads as follows: CC(C) No.124/2011 2 “7) It is also humbly submitted that among the 85 person from whom the land had been taken possession orally by the PWD Authorities includes (1) Sri.C.H.Fazalu Rahman (2) C.H.Hyderali and (3) Sri.C.P. Mohamed Shaji, who are the petitioners of the C.C.124/11 before the Hon.High Court. 8) Since the Land Acquisition procedure prior to the preparation of draft award, had been completed years back and now the Requisition Authority has informed that they have taken possession the complete land orally, as stated above, this office has no objection in preparing and submitting award for approval to Government and paying compensation to those 85 persons. But in order to prepare draft award to those 85 persons, additional fund is required and the balance fund available for distribution is only for payment upto November 2010. However, it is humbly submitted that the compensation to those three persons who filed the contempt petition, can be disbursed after preparing and passing the award within one month with the existing fund. In the case of balance 82 land owners the draft award will be prepared and submitted to Government for approval and the compensation will be disbursed within 3 months after the receipt of additional fund from PWD”. Evidently, there is an assurance that the amount due to the petitioners can be disbursed within a period of one month. The same will be scrupulously observed so that the petitioners will get the benefits. Since it is mentioned that steps are taken for CC(C) No.124/2011 3 preparing the draft award in the case of 82 remaining persons, the same will also be expedited for payment of compensation to all those persons. Since it is pointed out that three months time is required for getting additional funds for the remaining 82 persons, steps will be finalised within the said period. This Contempt Case is accordingly closed. T.R. RAMACHANDRAN NAIR JUDGE smp