IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Con.Case(C).No. 985 of 2011(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.3686/2007 Dated 28/01/2009 .................... PETITIONER(S): / PETITIONER --------------- BABU KURIAKOSE, S/O. KURIAKOSE, AGED 51 YEARS, PALLATHUKUDI HOUSE, ADIMALI.P.O., MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. NIVETHITHA P HARAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SAJAN PETER, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, THIRUVANANTHAPURAM. 3. NAUSHAD, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER CONSERVATOR OF FOREST, ERNAKULAM CIRCLE, SOCIAL FORESTRY, MANIMALA ROAD, EDAPPALLY. 4. INDRACHOODAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER DIVISIONAL FOREST OFFICER, DEVIKULAM. 5. DEVADAS, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER MS. K.MEERA THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: COC NO.985/2011 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-I : COPY OF G.O.(Rt.) NO.384/06/F&WLD DATED 23/09/2006. ANNEXURE-II : COPY OF JUDGMENT IN WP(C) NO.3686/07 OF THIS HONOURABLE COURT. ANNEXURE-III : COPY OF JUDGMENT IN W.A.NO.565/09 OF THIS HONOURABLE COURT. ANNEXURE-IV : COPY OF REPRESENTATION FILED BY THE PETITIONER TO THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... COC No.985 of 2011 .................................................................... Dated this the 22nd day of September, 2011. J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the petitioner and learned Government Pleader. On going through the judgment, we do not find any direction against any of the Government authorities to pass orders on any application pending before them. All what is stated in the judgment is that the petitioner is free to approach the Revenue authority and prove his entitlement for assignment of land, and if any such application is filed, the authority is bound to pass orders thereon. The petitioner has now produced Annexure-IV application filed before the Revenue Secretary, who is the highest authority in the Department and obviously he is not the person to assign land to the petitioner. We, therefore do not find any merit in the contempt of court case. Accordingly, the same is dismissed. COC No.985/2011 2 However, it will be open to the petitioner to make representation based on the judgment before the statutory original authority, who has to consider the application in accordance with law and in terms of the observations in the judgment. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg