IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BABU MATHAI – Appellant
Versus
JOSHY VARGHESE – Respondent
CON.CASE(C) NO. 2444 OF 2025|WP(C) NO.46090 OF 2024
| Table of Content |
|---|
| 1. allegation of contempt due to non-compliance with court order. (Para 1 , 2) |
JUDGMENT
This contempt case is filed alleging violation of Annexure A1 judgment. The directions issued by this Court is extracted hereunder:
“4. On a consideration of the facts and materials on record, especially that Ext.P5 order was passed on 01.09.2022 and the same has not been implemented till date, I dispose of the writ petition by directing the fourth respondent to implement Ext. P5 order, in accordance with law and as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.”
2. An affidavit is filed by the respondent. It would be better to extract paragraph Nos.3 and 4 :
“3. It is submitted that in the Exhibit P5 Order the Revenue Divisional Officer, Muvattupuzha directed the Tahsitdar (LR), Kunnathunad to conduct survey of the puramboke land coprised in Survey No. 78/8 in Block No. 38 of Puthencruz Village through Taluk Surveyor and initiate LC proceedings under the Kerala Land Concervancy act, 1957, if there is any encroachment. There was also a direction to Smt. Lissy Paulose, The 7th respondent to restore the thodu, which was restrained by the 7th respondent and thereby causing obstruction to the free flow of water.
4. It is submitted that the puramboke property comprised in Survey No. 78/8 in Block No. 38 of Puthencruz Village was re-fixed by the Taluk Surveyor. It has been found that an extent 0.0180 Hectares of puramboke panchayath road in Survey No. 78/8 is encroached by the petitioner , Lissy Mathai, Baby, Oruppooppil as well as by one Elsa Babu. As per the Kerala Land Conservancy Act , 1957 and Rules, the encroachment in revenue lands is to be evicted by the Tahsildar. The encroached lands in the above case is the road owned by the Vadavucode Puthencruz Grama Panchayath as per the provisions of the Kerala Panchayath Raj Act , 1994 and the Secretary is the authorized authority to initiate steps under the KLC Act, 1957 and Rules made there under. The Secretary, Vadavucode Puthencruz Grama Panchayath has been addressed as per letter No. G2- 593/2020 dated 23.10.2025 with the copy of the encroachment sketch to initiate steps under the KLC Act to evict the encroachers from the panchayath road. A true copy of the letter No. G2-593/2020 dated 23.10.2025 is produced herewith and marked as Annexure R1(a).”
From the above it is clear that, the respondent had taken the consequential steps after the judgment. There is no contempt in this case. If there is any fresh cause of action to the petitioner, the petitioner is free to agitate the same separately in accordance with the law. Granting liberty to the petitioner to do the needful in accordance with the law, this contempt case is closed.
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