IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Con.Case(C).No. 571 of 2011(S) --------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN O.P.(C).1189/2010 DATED 21/12/2010. .................... PETITIONER(S): ----------------------- T.B. SANTHOSH, S/O.BALAKRISHNAN, AGED 44 YEARS, THUNDIPARAMBIL, CHIRAKKAKOM KARA, VARAPUZHA PAKUTHI. BY ADV. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW, SRI.ARUN THOMAS. RESPONDENT(S): -------------------------- SMT. MAGI CEMENTHI, AGED 50 YEARS, D/O. NOT KNOWN TO THE PETITIONER, SPECIAL TAHASILDAR (LR), THE LAND TRIBUNAL, THRIPUNITHURA-682 034. BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Con.Case(C).No. 571 of 2011(S) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A1: COPY OF THE JUDGMENT DATED 21/12/2010 IN O.P.(C).NO. 1189/2010 ON THE FILES OF THIS HONOURABLE COURT. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Cont. Case (C.) No.571 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. JUDGMENT This contempt proceeding is initiated for non-compliance with Annexure- A1, judgment dated December 21, 2010 directing disposal of S.M.P.No.257 of 1998 of the Land Tribunal, Thripunithura. This Court had by judgment dated June 28, 2010 directed the Land Tribunal to dispose of the proceeding as early as possible. Since there was no compliance, petitioner filed O.P.(C) No.1189 of 2010. Learned Government Pleader who took notice for the State on instruction from the Land Tribunal submitted that S.M.P.No.257 of 1998 was (then) posted for hearing on 18.03.2011 and that the said proceeding will be disposed of without further delay. This Court disposed of O.P.(C) No.1189 of 2010 with a direction to the Land Tribunal to dispose of the said proceeding before April 13, 2011. Complaining of non-compliance this contempt proceeding is initiated. 2. The Officer concerned is present. Learned Government Pleader has submitted that there happened some communication gap in that intimation from the office of learned Advocate General was given to the office of the District Collector concerned. It is submitted that the Special Tahsildar (LR) was engaged in other official duties, also in connection with the election to the State Legislative Assembly. It is further submitted that the Special Tahsildar (LR) is Cont.Case(C) No.571/2011 2 having jurisdiction over the entire Ernakulam District and about 2200 cases are now pending disposal. Learned Government Pleader has submitted that the Officer concerned did not intend to violate the direction issued by this Court. 3. Learned counsel for petitioner has submitted that whatever that is stated are not correct and that on March 18, 2011, a copy of Annexure-A1, judgment was given to the Officer concerned directly but, the case was posted on April 25, 2011 disregarding the direction contained in Annexure-A1, judgment to dispose of the proceeding before April 13, 2011. I do not find reason to disbelieve the statement made by the learned counsel. The officer concerned should not have done that. However having regard to the submissions made by learned Government Pleader and bearing in mind the undertaking that the Officer has made and submitted before court through learned Government Pleader that the S.M. Proceeding will be disposed of within a short time if time is granted by this Court, I do not think that it is necessary to continue this proceeding. The Officer concerned shall bear in mind that the order of court is meant to be complied. Having regard to the pendency of cases stated, I am inclined to grant three months further time to the Officer concerned to dispose of S.M.P.No.257 of 1998. Cont.Case(C) No.571/2011 3 Resultantly this contempt proceeding is closed with direction to the Officer concerned to dispose of S.M.P.No.257 of 1998 within three months from this date, without fail. THOMAS P.JOSEPH, Judge. cks