IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Con.Case(C).No. 157 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.6554/2007 Dated 20/06/2007 .................... PETITIONER/5TH RESPONDENT ------------------------------------------ NABEESATHU BEEVI, D/O. MOHAMMED KUNJU, AGED 39, RESIDING AT ABIDA MANZIL, MOOLABHAGAM, PALLIKKAL, THIRUVANANTHAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: 3RD RESPONDENT ---------------------------------------- DAVID JOHN, WORKING AS TAHSILDAR, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADERSRI. I.V. PRAMOD THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. -------------------------------------------- Contempt Case (C). No. 157 OF 2008 ---------------------------------------------- Dated this the 26th day of May, 2008 JUDGMENT The petitioner alleges non-compliance with my directions in Annexure-A2 judgment. In Annexure-A2 judgment, I directed the Tahsildar, Chirayinkeezhu to take proceedings for eviction from the Government land after issuing notice to the petitioner in the writ petition and all others who are stated to be encroachers, giving them an opportunity of being heard and passing a final order as contemplated under the Kerala Land Conservancy Act, deciding as to whether anybody has encroached into the land in question and whether they are to be evicted or not. Subsequently, the petitioner in the writ petition filed a suit before the Sub Court, Attingal and obtained an injunction order against his eviction. Therefore, the 3rd respondent in the writ petition could not take any further proceedings in the matter. In the above circumstances, the remedy of the petitioner lies in challenging the injunction order, in which direction the petitioner has already C.O.C.No.157/08 2 initiated appropriate proceedings before this Court. Therefore, without prejudice to the right of the petitioner to pursue that proceedings, this Contempt Case is closed. S. SIRI JAGAN, JUDGE Acd