IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Con.Case(C).No. 1350 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1099/2008 Dated 08/04/2008 .................... PETITIONER(S): PETITIONERS -------------------------- 1. RAMAKRISHNAN NAIR, S/O.NARAYANAN NAIR, AGED 58 YEARS, ANJANI NIVAS, KOTTAVATTOM.P.O, KUNNIKODE, PUNALUR. 2. BHAGULEYAN.N, S/O.NANU, AGED 56 YEARS, ASHA BHAVAN, CHAKKUVARAKKAL.P.O, KUNNIKODE, PUNALUR. 3. THULASEEDHARAN, S/O.RAGHAVAN, AGED 52 YEARS, SREE SAILAM, KOTTAVATTAM.P.O, KUNNIKODE, PUNALOOR. BY ADV. SRI.A.K.ALEX SMT.C.R.SOBHANA RESPONDENT(S): --------------- SRI.M.SHAJAHAN, DISTRICT COLLECTOR, KOLLAM. (FATHER NAME AND AGED NOT KNOWN TO THE PETITIONERS) GOVERNMENT PLEADER SRI. A.J. VARGHESE THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- C.C(c).No.1350/2008 ----------------------------------------------------------- Dated this the 24th day of October, 2008 JUDGMENT The writ petition was disposed of directing implementation of Ext.P1, an order dated 11.12.2007 passed by the District Collector, Kollam. It is complaining of non-compliance of the said direction this contempt is filed. 2. An affidavit has been filed by the respondents detailing the steps that have been taken in pursuance to the judgment for eviction of the unauthorized occupant in 30.34 ares of Government land, out of a total extent of 01.54.87 hectors of Government land comprised in survey No.18 of Chakkuvarackal Village. From the steps taken by the respondents in so far as 30.34 ares of land is concerned, it cannot be said that action as directed in the judgment has not been taken. 2 Petitioner however complians that there are unauthorized occupants in the remaining portion of 1.54.87 hectors of land also. This being a question of fact, it will not be possible for this court to adjudicate the correctness of the same. Therefore if what the petitioner says is factually correct, it will be open to the petitioner to pursue his remedies before the appropriate forum. Contempt of Court Case is closed. ANTONY DOMINIC JUDGE vi. 3 4