Kerala High Court
Rev.Dr.P.E.Thomas vs G.Kamalaverthana Rao on 19 July, 2013
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 28TH DAY OF MAY 2014/7TH JYAISHTA, 1936
Con.Case(C).No. 1232 of 2013 (S)
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WP(C).NO. 15036/2013 OF THIS HONOURABLE COURT, DATED 19-07-2013
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PETITIONER :
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REV.DR.P.E.THOMAS, PH.D, AGED 68 YEARS,
S/O.MR.P.M.EDICHANDY, BETHEL HOUSE,
T.C 115/(1) (A), EAST THAMPANOOR,
TRIVANDRUM - 695 001.
BY SRI.REV.DR.P.E.THOMAS (PARTY IN PERSON)
RESPONDENTS :
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1. G.KAMALAVERTHANA RAO, I.A.S,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
SECRETARY TO REVENUE DEPARTMENT,
GOVT. OF KERALA, GOVT.SECRETARIAT, TRIVANDRUM - 695 001.
2. K.N. SATHEESH, I.A.S,
DISTRICT COLLECTOR OF TRIVANDRUM, CIVIL STATION,
KUDAPPANAKKUNNU, TRIVANDRUM- 695 043.
3. SHIBA GEORGE,
D/O AGED AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
DEPUTY COLLECTOR (L.R), COLLECTORATE, CIVIL STATION,
KUDAPPANAKKUNNU, TRIVANDRUM - 695 043.
BY SR.GOVERNMENT PLEADER SRI.ALOYSIUS THOMAS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 28-05-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
Con.Case(C).No. 1232 of 2013 (S)
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APPENDIX
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PETITIONER(S)' ANNEXURES:
ANNEXURE A1 : THE CERTIFIED COPY OF JUDGMENT ALONG W.P(C) COPY
WITH THE REPRESENTATION SUBMITTED TO THE 2ND
RESPONDENT DISTRICT COLLECTOR OF TRIVANDRUM.
ANNEXURE A2 : THE ACKNOWLEDGMENT CARD OF THE 2ND RESPONDENT
HAD ALREADY RECEIVED THE DOCUMENT, JUDGMENT &
COPY OF W.P.(C) NO. 15036/2013.
ANNEXURE A3 : THE RECEIPT OF THE FAX MESSAGE SENT BY
THE PETITIONER TO THE 2ND RESPONDENT DISTRICT
COLLECTOR TRIVANDRUM.
ANNEXURE A4 : TRUE COPY OF THE RECEIPT SENT BY THE MESSAGE
THROUGH THE SPEED POST.
ANNEXURE A5 : THE PETITIONER BELONG TO S.T CANDIDATE THE TRUE COPY
OF VILLAGE OFFICER'S CERTIFICATE AND SCHOOL
CERTIFICATE OF THE PETITIONER CERTIFIED MARKED AND
PRODUCED.
ANNEXURE A6 : THE RESPONDENT'S ARE ALLOTTED THE LAND MORE THE
ONE LAKH AND ABOVE THE STATE. IT'S NEWS PAPER
CUTTING OF THE MADHRUBHOOMI DAILY PAPER ON DATED
1ST OCTOBER 2013, ALONG WITH ATRUE PHOTOCOPY OF
THE PETITIONER'S NAME IS INCLUDED IN THE LIST OF THE
SITE OF THE INTERNET.
ANNEXURE A7 : FILED BY THE PETITIONER IN REGARDING THE RESPONDENTS
ALLOTMENT TO THE BENEFICIARIES LIST FROM, COPY
DOWN LORDED IN THE INTERNET SITE. (RELEVANT
PAGES ONLY)
RESPONDENT(S)' ANNEXURES:
ANNEXURE R2(A) : A TRUE COPY OF THE JUDGMENT DATED 21.11.2005 IN
W.P(C) NO.28974/2005.
ANNEXURE R2(B) : A TRUE COPY OF THE G.O.(MS)NO.334/2012/RD
DATED 07.09.2012.
ANNEXURE R2(C) : A TRUE COPY OF THE LETTER NO.73649/U1/2011/REV,
DATED 26.03.2012.
ANNEXURE R2(D) : A TRUE COPY OF THE GO(MS)NO.354/13/RD DATED 27.08.2013.
ANNEXURE R2(E) : A TRUE COPY OF THE BENEFICIARY LIST OF THYCAUD
VILLAGE UNDER ZEROLANDLESS SCHEME -2015.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.R. RAMACHANDRA MENON, J.
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CONTEMPT OF COURT CASE ) No. 1232 OF 2013
IN
W.P.(C) No.15036 OF 2013
.........................................................................
Dated this the 28th May, 2014
J U D G M E N T
This petition has been filed by the petitioner, who is appearing as 'party in person', alleging wilful disobedience of the directions given by this Court vide judgment dated 19.07.2013, whereby the respondents were directed to consider the claim of the petitioner in the 'General Category' and to have the proceedings finalised in terms of the Scheme for allotment of land under the 'Zero Landless Scheme' as expeditiously as possible. It was also made clear that no person who is standing next/behind the petitioner in the queue shall be given any benefit before entertaining and finalizing the claim of the petitioner.
2. Pursuant to the steps taken by this Court, an affidavit has been filed by the second respondent/District Collector; paragraphs 3, 4 and 5 of which read as follows:
"3. It is respectfully submitted that in Thiruvananthapuram district 35481 number of beneficiaries were selected under the scheme considering the applications received on CONTEMPT OF COURT CASE ) No. 1232 OF 2013 2 Village wise. The petitioner Sri P.E. Thomas has already included in the list of beneficiaries of Zerolandless Project-2015 as ID No.20719 of Thycaud Village.
4. In the 1st Phase of the project, 3168 plots were identified from the villages in which lands were available and allotted to various categories of the beneficiaries in the same village selected as per the provisions contained in GO.(MS) 354/13/RD dated 27.08.2013. All the selection process as per the Government order is done through software and the beneficiary list is prepared on Village wise on the basis of the applications received in each Village in the district. In the above Government Order it is clearly specified that land identified in a particular village shall be given to the beneficiaries in that particular village itself. In Thycaud Village in which the petitioner applied for assignment in Zerolandless Project, no land was identified under the Zero landless Scheme and no one in the beneficiary list of Thycaud Village including the petitioner has been given land under the Zerolandless Project 2015.
5. In this circumstances, it is humbly submitted that the petitioner has already CONTEMPT OF COURT CASE ) No. 1232 OF 2013 3 included in the beneficiary list of the Thycaud Village where he applied for land under this scheme and no one next/behind the petitioner shall allotted the land in this scheme"
3. A rejoinder has been filed by the petitioner particularly asserting in paragraph '6' that the version of the respondents that no land is available in Thycaud Village for allotment of land under the 'Zero Landless Scheme' is not correct . It is also pointed out that, though land is available in Block No.93, Re.Sy. No.8, Thiruvananthapuram Taluk, the same has not been considered for allotment and hence they are liable to be proceeded against for wilful disobedience amounting to contempt.
4. The second respondent has filed an additional affidavit dated 01.01.2014 pointing out the factual particulars, particularly with reference to the property mentioned by the petitioner in paragraph '6' of the rejoinder. Relevant portion reads as follows:
"6. In compliance with the judgment the application of the petitioner has been CONTEMPT OF COURT CASE ) No. 1232 OF 2013 4 included in the beneficiary list of Thycaud village of Thiruvananthapuram District for the Zero Landless Project 2015 with ID.No.20719. It is humbly submitted that the beneficiaries of the Zero Landless Project 2015 was selected through Village Offices from among the eligible applicants. In Thiruvananthapuram District, there are 35841 beneficiaries on the select list for the Scheme. In the 1st phase of the Project only 3168 plots could be identified from the villages in which lands were available and allotted to the various categories of beneficiaries in the same village in compliance with the provisions contained in the GO(MS) No.354/13/RD dated 27.08.2013. The copy of the Government Order is produced herewith and marked as Annexure R2(d). The whole selection process based on Annexure R2(d) Government Order is being carried out through software and beneficiary list is prepared on Village wise on the basis of the applications received in each village in the district."
5. The learned Government Pleader appearing for the respondents submits that the version of the petitioner that there is callous inaction on the part of the respondents and that there CONTEMPT OF COURT CASE ) No. 1232 OF 2013 5 is wilful disobedience is far from the track of truth. It is stated that, pursuant to the direction given by this Court, the matter was considered and the petitioner has been enlisted in the list of eligible persons for allotment of land under the Scheme. The petitioner, based on the norms prepared by the Government with regard to allotment, has been included at 'Sl.No.268' of the list, a copy of which has been produced as Annexure R2(c) along with the said additional affidavit. It is also asserted that, nobody who is standing behind the petitioner has been given the benefit of the Scheme and that the case of the petitioner will be considered strictly in terms of the priority and placement in the list.
In the said circumstance, this Court finds that there is no contumacious act on the part of the respondents so as to proceed with further steps in terms of the provisions of the Contempt of Courts Act. The matter is closed accordingly.
P.R.RAMACHANDRA MENON JUDGE lk