High Court Kerala High Court

Abdul Letheef vs Rasheeda Beevi on 6 April, 2010

Kerala High Court
Abdul Letheef vs Rasheeda Beevi on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 181 of 2010(S)


1. ABDUL LETHEEF, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. RASHEEDA BEEVI,
                       ...       Respondent

2. T.K. CHANDRAN

                For Petitioner  :SRI.A.MOHAMMED

                For Respondent  :SRI.V.SANTHARAM

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :06/04/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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Con.Case(C).No.181 of 2010-S

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Dated this the 6th day of April, 2010.

Judgment

1.The petitioner filed WP(C).28668/2009 seeking to

quash Exts.P6 and P6(a). Ext.P6 is a notice under

the Land Acquisition Act and Ext.P6(A) is a

notification issued under that Act. The said

notification No.8686/A2/2009/Tran. issued through

the Secretary to Government of Kerala in the

Transport (A) Department was for acquisition of

lands described therein for the purpose of

improving the visibility of Unmanned Level

Crossing No. 113 in view of safety of road users

of Haripad – Cheruthana Railway line at Haripad

and Cheruthana villages of Karthikappally Taluk

in Alappuzha district. When that writ petition

came up for consideration, the Railways had

placed on record a statement relating to that

acquisition producing Ext.R7(a). Accordingly, it

was pointed out by the learned standing counsel

COC181/10 -: 2 :-

for the Railways when the matter came up for

consideration on 17.12.2009, that the Southern

Railway is acquiring land only by a width of

three meters and not seven meters as alleged by

the petitioner. Recording that statement,

including Ext.R7 sketch, the writ petition was

ordered.

2.This contempt of court case is filed on the

premise that after the issuance of the judgment,

there was an attempt to mark land having width of

20 meters thereby violating the judgment.

3.The first respondent Special Tahsildar(L.A.),

Railways, has filed an affidavit refuting the

allegation. It is pointed out that the writ

petition related only to the aforesaid

acquisition whereas the proceedings for

acquisition which is now being carried out is one

for the purpose of railway track doubling between

Haripad and Ambalapuzha and that the land to be

acquired for such purpose is being identified

COC181/10 -: 3 :-

pursuant to a joint inspection of the Railways

and Revenue authorities. The land to be acquired

for that purpose from Haripad to Ambalapuzha, is

on the eastern side of the existing railway line

and a portion of the petitioner’s property has

also to be acquired. A different set of

notifications under the LA Act other than those

produced along with the writ petition relates to

the acquisition for doubling process of

Kayamkulam – Haripad railway line.

4.The second respondent in this contempt of court

case, who was not issued with any notice in the

writ petition, has clearly stated that the

allegations against him of having been present at

site etc. are false in as much as even long

before the institution of the writ petition, he

was working in Thrissur and obviously, therefore,

the Railways had not even represented him, though

he was impleaded in the writ petition by name. He

has also produced materials to show that he was

on duty otherwise, at the time and date on which

COC181/10 -: 4 :-

the alleged incident had occurred.

5.With the aforesaid materials, the learned counsel

for the petitioner on the strength of the reply

affidavit, as also the contempt of court case and

other materials on record, states that the entire

exercise of the first respondent Tahsildar is a

malafide one generated by malice, owing to the

petitioner taking up the cause of the need to

repair a particular road in the locality and the

first respondent is, thereafter, bent upon

ensuring that the petitioner is put to loss,

including by deprivation of property.

6.The jurisdiction in entertaining and considering

an application under the Contempt of Courts Act

is limited. All that is relevant is as to whether

there is material to hold that there is wilful

disobedience in obeying the judgment. With this

in mind, adverting to the judgment, it is to be

noted that all that has been done by this Court

was to record the submission of the Railways that

COC181/10 -: 5 :-

in relation to the acquisition which was subject

matter of the writ petition, the land required

for the Railway would be only three meters. That

writ petition did not deal with any other

proposal of the Railways, including the proposal

for doubling of the line or any land for such

purpose. It is inappropriate for this Court to

hold that the Railway will have to be duty bound

and the Tahsildar has to be told to stand by the

judgment, including in relation to any

acquisition for the doubling of the railway line,

which was, obviously, not subject matter of the

writ petition, though it may be true that the

petitioner may have his remedies elsewhere.

For the aforesaid reasons, without expressing

anything on the merits or demerits of the

petitioner’s claim that the acquisition in

relation to doubling is against his interest, I

do not find any ground to hold that the

respondents are liable to be proceeded against

under the provisions of the Contempt of Courts

COC181/10 -: 6 :-

Act in relation to Annexure-I judgment. This

contempt of court case is accordingly closed

without prejudice to the petitioner’s right, if

any, in relation to the acquisition for the

purpose of doubling of the railway line.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/1204