High Court Kerala High Court

K.V.Davis vs G.Sreekumaran on 22 February, 2010

Kerala High Court
K.V.Davis vs G.Sreekumaran on 22 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1542 of 2009(S)


1. K.V.DAVIS, S/O.LATE K.P.KUNJUVAREED,
                      ...  Petitioner

                        Vs



1. G.SREEKUMARAN, (FATHER'S NAME & AGE
                       ...       Respondent

2. MR.SUDHARMAN, (FATHER'S NAME & AGE

3. ARUNAN I.T.(FATHER'S NAME AND AGE NOT

4. P.PRASANNA, (FATHER'S NAME AND AGE NOT

                For Petitioner  :SRI.DILIP J. AKKARA

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :22/02/2010

 O R D E R
              P.R. RAMACHANDRA MENON, J.
                 -----------------------------------------------
                         CO(C) No. 1542 of 2009
                      --------------------------------------
             Dated, this the 22nd day of February, 2010


                             J U D G M E N T

The petitioner has filed this Contempt petition alleging wilful

disobedience of the direction given by this Court as per judgment dated

‘21.12.1990’ in OP 7098/1986.

2. When the matter came for consideration before this Court

on 22.12.2009, taking note of the proceedings pursued in the

meanwhile, the matter was ordered to be posted along with the judges

papers in WP(C) 30847/2009 which hence are now before this Court.

3. The learned counsel for the petitioner submits with specific

reference to ‘Ground 4’ of the contempt petition, the Act of contempt was

committed only in the last week of December, 2008 and that the

petitioner came to know of it only on receipt of Annexure 5 letter dated

13.01.2009 and hence that the matter is well within time.

4. On going through the proceedings, it is revealed that the

cause of action projected by the petitioner in OP 7098/1986 was with

regard to the ‘shifting of a transformer’ and to pursue the said work

without interfering with the right of the petitioner. After hearing both the

sides, the said original petition was disposed of as per Annexure A2,

CO(C) No.1542/2009
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holding that the sustainability of the order passed by the Government

interfering with the orders passed by the District Magistrate was left open;

more so, in view of the finding given by the Government that the

transformer could be shifted to the corner of the compound, without

interfering with the rights of the petitioner therein. It was accordingly

observed that there was no need to interfere with the directions given by

the Government; however, making it clear that in doing the work

consistent with the above direction, the rights of the petitioner shall not be

interfered with and the same shall be carried out keeping in view of Ext.P1

therein.

5. Nearly two decades after passing Annexure A2 judgment, the

petitioner approached this Court by filing WP(C) 30847/2009 alleging that

the ‘Board’ had encroached into the property of the petitioner and were

cutting down the trees; which hence was sought to be intercepted. Mainly

placing reliance on the verdict passed by this Court in OP 7098/1986,

which was produced as Ext.P3 therein; the averments and allegations

raised by the petitioner were rebutted from the part of the respondents

and after taking note of the rival submissions, it was observed by this

Court in paragraph 2 of the verdict passed, that the proposal had nothing

to do with the earlier instance which was the subject matter of Ext.P3

judgment therein. The new proposal was to draw an ’11 KV line’, since a

CO(C) No.1542/2009
3

new 33 KV Sub Station had been constructed. The version put forth from

the part of the Board that the line was proposed to be drawn only through

the road adjacent to the petitioner’s property and that, for the said

purpose, the stay wires already planted in the petitioner’s property for

drawing the earlier lines had to be strengthened, was also recorded

therein. The submission made from the part of respondent Board that in

view of the objections raised by the petitioner, the matter had already

been referred to the District Magistrate. Accordingly, the matter was

closed as per judgment dated 13.11.2009, holding that the petitioner

could raise all the contentions before the District Magistrate, who was

directed to pass final orders only after considering the said objections as

well.

6. The learned counsel appearing for the respondent/contemnor

submits that, after passing the judgment in WP(C) 30847/2009, the

petitioner filed review petition No.1246/2009 against the verdict dated

06.01.2010 passed by the learned Judge. After arguing for some time, the

learned counsel for the petitioner sought for permission to withdraw the

matter, without prejudice to the right of the petitioner to challenge the

judgment in appeal. Accordingly, permission was granted and the RP was

dismissed as withdrawn, reserving the liberty as above. It is thereafter that

the petitioner has now taken a ‘U turn’ and approached this Court by filing

CO(C) No.1542/2009
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the present case alleging contumacious act against the respondents/

contemnors in respect of the judgment dated 21.12.1990 passed by this

Court in OP 7098/1986 two decades back.

7. In view of the sequence of events as narrated above, this

Court finds it very difficult to accept the contentions of the petitioner. The

cause of action now forming the subject matter of this petition has got

nothing to do with the ‘shifting of the transformer’ dealt with in Annexure 2

verdict passed by this Court on 21.12.1990 in OP 7098/1986. This being

the position, there is no need to proceed against the respondents/

contemnors in respect of the alleged offence under the Contempt of Court

Act. No interference is called for and it is dismissed accordingly.

P. R. RAMACHANDRA MENON
JUDGE
dnc