Kerala High Court
P.C.Jacob vs Manju N.Nair on 13 February, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Con.Case(C).No.292 of 2019 IN WP(C).125/2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 125/2019 of HIGHCOURT
PETITIONER/PETITIONER:
P.C.JACOB,
AGED 64 YEARS
S/O. P.C. CHACKO, PINAKKADU HOUSE,
P.J. ANTONY ROAD, ERNAKULAM
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
RESPONDENT:
MANJU N.NAIR,
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
THE VILLAGE OFFICER, ELAMKULAM VILLAGE, KOCHI-682 031
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Cont.Court case (Civil)No.292 of 2019
in
W.P(C)No.125 of 2019
2
ALEXANDER THOMAS, J.
===========================
Cont.Court case (Civil)No.292 of 2019
in
W.P(C)No.125 of 2019
===========================
Dated this the 13th day of February, 2019
JUDGMENT
The prayer in the above Writ Petition (Civil) are as follows:
"to issue summons to the respondent herein, directing her to appear before this Hon'ble Court and initiate appropriate actions u/s 12 of the Contempt of Courts Act and punish the respondent herein in accordance with law."
2. Heard Sri.K.R.Vinod, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent.
3. The above Contempt of Court case has been instituted alleging non-compliance of the directions issued by this Court in Annexure-A1 judgment rendered on 04.01.2019 in W.P(C)No.125/2019 filed by the petitioner herein. When the matter had come up for consideration on 08.02.2019, the learned Senior Government Pleader, on the basis of instructions that the respondent officer will immediately comply with the directions in Annexure-A1 judgment dated 04.01.2019 and that the matter will be reported before this Court within a week and that the copy of the ROR (Rights of Records) Certificate should be given to the petitioner as Cont.Court case (Civil)No.292 of 2019 in W.P(C)No.125 of 2019 3 well as to the counsel for the petitioner. Today, when the matter has been taken up for consideration, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the official respondents on the basis of instructions, would submit that the respondent has now issued the ROR Certificate dated 11.02.2019 in compliance with the directions issued by this Court on 04.01.2019 and a copy of the same has now been made by the learned Senior Government Pleader to Sri.K.R.Vinod, learned counsel appearing for the petitioner. Sri.Saigi Jacob Palatty, learned Senior Government Pleader would further pointed out that the respondent officer require some time, as the details of the property was not fully known, as turned out that the subject property is still in the name of the father of the judgment debtor and the petitioner also had not made available the copies of the judgment of the civil court concerned and that therefore, it took some time to ascertain from the BTR as to the basic land tax paid in respect of the subject property and that the respondent officer could not comply with the directions in Annexure-A1 judgment within the time limit, only on account of these unforeseen factual situations. Now that the ROR Certificate dated 11.02.2019 has already been issued by the respondent officer, there is no necessity to keep the Contempt of Court Case pending any longer.
Cont.Court case (Civil)No.292 of 2019 in W.P(C)No.125 of 2019 4
4. Recording the abovesaid aspects, it is ordered that the above Contempt of Court case (Civil) will stand disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd/16.02.19 Cont.Court case (Civil)No.292 of 2019 in W.P(C)No.125 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO. 125/2019 DATED 04.01.2019