IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Con.Case(C).No. 1567 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.30607/2008 Dated 17/10/2008 .................... PETITIONER(S): PETITIONER: -------------------------- K.RAMABHADRAN, AGED 55 YEARS, S/O.KUNJU PILLAI, PRESIDENT, ASHTAMUDI BOAT CLUB, REKHA HOUSE, SANKAR NAGAR COLONY, KOLLAM EAST, KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): 3RD AND 4TH RESPONDENT; -------------------------------------- 1. MR.SHAJAHAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), DISTRICT COLLECTOR, KOLLAM. 2. MR.M.VISWANATHAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), TAHSILDAR, KOLLAM. BY GP SRI.P.N.SANTHOSH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- C.O.C.1567/2008 -------------------- Dated this the 7th day of November, 2008 JUDGMENT Second respondent in the Contempt of Court case, Mr.Viswanathan, Tahsildar, appeared before this Court. Sri.P.N.Santhosh, learned Government Pleader submits that a copy of the judgment was produced before the Tahsildar on 22.10.2008 by one Mr.Shamsudeen and not by Mr.Ramabhadran. The writ petition has been filed by Mr.Ramabhadran, petitioner in this Contempt of Court case. In the meanwhile, it is stated that a rival claim was made by some other group of persons over the affairs of the Club and hence the Tahsildar required the parties to produce some materials to show that they were in management of the club on the date on which Government had taken over the building and its premises. The Village Officer should have taken note of the fact that the writ petition was filed by the Club represented by its President one Mr.Ramabhadran who is the petitioner in the Contempt of Court case and C.O.C.1567/2008 2 therefore, compliance with the directions issued by this Court should have been effected, by handing over the premises of the Club to the person who figured as the petitioner in this writ petition. The dispute between the office bearers and the members of the Club was not a matter with which the Revenue Officials were in any manner concerned. 2. But I find force in the submission made by the learned Government Pleader that the respondents did not intend to violate the orders of this Court or disobey it. What took place seems to have been a genuine error. 3. It is also submitted by the learned Government Pleader that the Village Officer has the key of the building where the Club was functioning, and it is open to the petitioner to go and collect it. Government Pleader assures that if the petitioner appears before the Village Officer in person, key will be handed over. Inventory of the articles kept in the building shall be prepared by the President of the Club and its office bearers. C.O.C.1567/2008 3 4. In the result, it is open to the petitioner to go and collect the key of the building from the Village Office, Kollam East. In the facts and circumstances, Club shall be permitted four months time from today to hand over vacant possession of the building in terms of the directions already issued by this Court. In the circumstances, I do not find any reason to further proceed with the Contempt of Court case and the same is accordingly closed. V.GIRI, Judge mrcs