IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Con.Case(C).No. 169 of 2008(S) ------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WPC.29189/2007 DATED 11/10/2007 .................... PETITIONER/PETITIONER: -------------------------------------- VATTAPARAMBU SIVA VISHNU KSHETHRA KSHEMA SAMITHY, MURIYAD P.O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY M.SANKARANKUTTY, AGED 54 YEARS, S/O. GOPALAN NAIR, MADATHIL HOUSE, MURIYAD P.O., KALLETTINKARA, THRISSUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT/1ST RESPONDENT: ------------------------------------------------- DR. M.BEENA, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), DISTRICT COLLECTOR, THRISSUR. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ Cont. Case (C)No.169 of 2008 ------------------------------------------ Dated, this the 21st day of February, 2008 JUDGMENT H.L.Dattu, C.J. Complainant is before this Court, inter alia, alleging that the respondent has disobeyed the orders and directions issued by this Court in W.P.(C) No.29189 of 2007 dated 11th October, 2007. 2. The respondent has entered appearance through the learned Government Pleader. 3. Immediately after receipt of the orders passed by this Court, the District Collector, Thrissur by his letter dated 20.12.2007 had directed the Tahsildar, Mukundapuram to verify and identify the nature of the land in which the land is situated within 48 hours and thereafter evict the unauthorised encroachment within one week after complying with the statutory requirements. 4. Pursuant to the directions so issued by the District Collector in his letter dated 20.12.2007, the Tahsildar, Mukundapuram by bis letter dated 31.12.2007 has informed the District Collector that the land in question is puramboke land. 5. At this stage, we need to notice only the direction issued by this Court. The direction is as under: “All the same it is appropriate that the request made by the Board as well as the petitioner be examined by the District Collector. Needless to say, District Collector can take appropriate action for removing the shed if the land belongs to the Devaswom. It is always open to the Devaswom to take Cont.Case (C)No.169 of 2008 2 further steps in accordance with law. District Collector would take a decision within a period of two months with notice to Devaswom authorities. It is made clear that ultimately it is found that the land belongs to the Devaswom, they can always request the revenue authorities to carry out the necessary corrections in the land records.” 6. Pursuant to the direction so issued by this Court, the District Collector has taken effective steps to identify the land and to remove the encroachers, if any, on the land which belongs to the Devaswom Board. Now, it appears, that the land is puramboke land and it is not belonged to the Devaswom. If that is so, the District Collector is directed to issue appropriate endorsement to the complainant within a month's time from today, so that the complainant will be in a better position to question the same before appropriate forum. 7. With these observations and directions the contempt proceedings are dropped for the present. However, liberty is reserved to the complainant to question the order that may be passed by the District Collector before appropriate forum. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns