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
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C.O.C.1567/2008
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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