High Court Kerala High Court

K.Ramabhadran vs Mr.Shajahan on 7 November, 2008

Kerala High Court
K.Ramabhadran vs Mr.Shajahan on 7 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1567 of 2008(S)


1. K.RAMABHADRAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. MR.SHAJAHAN, (AGE AND FATHER'S NAME NOT
                       ...       Respondent

2. MR.M.VISWANATHAN, (AGE AND FATHER'S NAME

                For Petitioner  :SRI.R.SATISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :07/11/2008

 O R D E R
                       V.GIRI, J
                     -------------------
                   C.O.C.1567/2008
                     --------------------
      Dated this the 7th day of November, 2008

                     JUDGMENT

Second respondent in the Contempt of Court

case, Mr.Viswanathan, Tahsildar, appeared before this

Court. Sri.P.N.Santhosh, learned Government Pleader

submits that a copy of the judgment was produced

before the Tahsildar on 22.10.2008 by one

Mr.Shamsudeen and not by Mr.Ramabhadran. The

writ petition has been filed by Mr.Ramabhadran,

petitioner in this Contempt of Court case. In the

meanwhile, it is stated that a rival claim was made

by some other group of persons over the affairs of the

Club and hence the Tahsildar required the parties to

produce some materials to show that they were in

management of the club on the date on which

Government had taken over the building and its

premises. The Village Officer should have taken note

of the fact that the writ petition was filed by the Club

represented by its President one Mr.Ramabhadran who

is the petitioner in the Contempt of Court case and

C.O.C.1567/2008
2

therefore, compliance with the directions issued by this

Court should have been effected, by handing over the

premises of the Club to the person who figured as the

petitioner in this writ petition. The dispute between the

office bearers and the members of the Club was not a

matter with which the Revenue Officials were in any

manner concerned.

2. But I find force in the submission made by the

learned Government Pleader that the respondents did

not intend to violate the orders of this Court or disobey

it. What took place seems to have been a genuine error.

3. It is also submitted by the learned Government

Pleader that the Village Officer has the key of the

building where the Club was functioning, and it is open

to the petitioner to go and collect it. Government

Pleader assures that if the petitioner appears before the

Village Officer in person, key will be handed over.

Inventory of the articles kept in the building shall be

prepared by the President of the Club and its office

bearers.

C.O.C.1567/2008
3

4. In the result, it is open to the petitioner to go and

collect the key of the building from the Village Office,

Kollam East. In the facts and circumstances, Club shall

be permitted four months time from today to hand over

vacant possession of the building in terms of the

directions already issued by this Court. In the

circumstances, I do not find any reason to further

proceed with the Contempt of Court case and the same is

accordingly closed.

V.GIRI,
Judge

mrcs