IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Con.Case(C).No. 1022 of 2011(S) --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30670/2004 Dated 24/06/2009 .................... PETITIONER(S): ------------------- 1. CHACKO JOSEPH, S/O CHAKO, PANTHIRUVELIL HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. 2. K.J.JOSEPH, S/O JOHN,KONNATH HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. 3. PARAMESWARAN PILLAI, S/O NEELAKANTA PILLAI, PUTHYETH HOUSE, THULPPALLY P.O, PATHANAMTHITTA DISTRICT. 4. V.P ARAVINDAKSHAN, S/O KOCHUKUNJU PAPPU, VAZHAYIL HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. 5. K.P JOHN, S/O PHILIP. KOLANILKOMPIL HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. 6. K.G. JOHN, S/O K.M. GEORGE, KOMBANKUZHI HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. 7. ALEYKUTTY SEBASTIAN, W/O SEBASTIAN, URUNBIL KARAKKAT HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. svs ...............2/-.... ...2... COC. NO.1022/2011 8. LISSY JOHN, W/O JOHN, MADATHIKUNNEL HOUSE, THULAPPALLY P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): --------------------- 1. N.MUSTHAFA, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) TAHSILDAR, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. P.VENUGOPAL, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 3. NIVETHITHA P.HARAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)AQ ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SRI. C.K. SYAM KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs COC. NO. 1022/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE JUDGMENT DATED 24/06/2009 IN WPC. NO.30670/2004 OF THIS HONOURABLE COURT. ANNEXURE A2:COPY OF THE LAWYER NOTICE ISSUED TO THE RESPONDENTS ON BEHALF OF THE PETITIONERS. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K. ABDUL REHIM,J. ------------------------------------------------- Con. Case (c) No. 1022 OF 2011 ------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2011 J U D G M E N T This contempt of court case is filed on the basis of an allegation that, inspite of specific directions contained in Annexure-A1 judgment, no patta has been issued to the petitioner in spite of specific requests made and in spite of sending Annexure-A2 lawyer notice. 2. In an affidavit filed by the 1st respondent it is stated as follows. “It is submitted that Pattas have been issued to the 3rd, 4th, 6th and 7th petitioners and they have received the same. The true copy of the pattayam are issued to the the 3rd, 4th, 6th and 7th petitioners produced herewith and marked as Exhibit R1(a). The pattas of the 1st, 2nd and 8th petitioners have been prepared but they have not received it till now. The true copy of the patta prepared in favour of the 8th petitioner is produced herewith and marked as Exhibit R1(b). The 5th petitioner has sold his land and therefore the land now is under the possession of Mr. Kozhy John Chakkanat. IT is submitted that the 5th petitioner is not in possession and hence not eligible for the issuance of the Pata. The petitioners have deliberately refused to Con. Case (c) No.1022/2011 -2- receive the pattas issued. A true copy of the notice issued to the 1st petitioner on 07-10-2011 is produced herewith and marked as Exhbit-R1(c). A true copy of the Pattayam prepared in favour of the 1st petitioner is produced herewith and marked as Exhibit R1 (d).” 3. In view of the above affidavit, I find no reason to hold that there is any deliberate non-compliance of the directions contained in the judgment, warranting initiation of any proceedings under the Contempt of Courts Act. Accordingly the contempt of court case is hereby closed. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge