VIJAYALAKSHMI CHANNATTI Vs. VISHWAS MEHTA

JUDGEMENT

(1.) The above contempt of court case has been filed alleging non compliance of the directions and orders passed by this Court in Annexure- A1 judgment dated 19.6.2020 in W.P.(C.) No.12061/2020 filed by the petitioners herein.

(2.) Heard Smt.P.V.Sobhana, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned senior Government Pleader appearing for respondents 2, 5 and 6 in the above contempt of court case. Respondents 1, 3 and 4 have already been ordered to be struck out and deleted from the respondent array in the contempt case. Now, it is submitted by Sri.Saigi Jacob Palatty, learned senior Government Pleader on the basis of instructions that the present contempt of court case is limited only to the extent that the directions as against the respondent RDO-Chengannur have not been complied with. Further, it is pointed out that RDO-Chengannur has not been impleaded in the W.P.(C.) or initially in the contempt of court case. The petitioners have committed a serious mistake in impleading R3 in the W.P.(C.) as the Revenue Divisional Officer, Alappuzha whereas in fact the subject property would fall within the territorial limits not of the RDO - Alappuzha, but that of the RDO- Chengannur.

(3.) Further that, without standing on any such technicalities, the revenue authorities concerned have understood the spirit of the judgment on the premise that the directions in the above judgment in the W.P.(C.) are actually to be complied with by RDO - Chengannur. Further, the senior Government Pleader would submit on the basis of instructions that RDO- Chengannur has caused to conduct an inspection with notice to the parties concerned and thereafter has now issued proceedings dated 12.12.2020, wherein it has been found that there is serious water logging issue in the subject property, which is seen included in the asset register of Chingoli Grama Panchayat (R4 in Annexure-A1 W.P.(C.) No.12016/2020) and consequently, RDO-Chengannur has directed the Chingoli Grama Panchayat authorities to ensure the construction of a drainage to ensure the avoidance of water logging problems. Further, that the Panchayat authorities have also apprised the RDO-Chengannur during the course of hearing that the road in question will be constructed by the Panchayat only after the construction of the drainage to avoid water logging issues as directed by the RDO concerned. Further that, the RDO has also ordered that the petitioners herein will be at liberty to file application for survey and measurement, in case they have any boundary disputes and that the petitioners have been given liberty to approach the Tahsildar by filing the requisite application in terms of the Kerala Survey and Boundaries Act and the Rules framed thereunder. Further that, the RDO has also issued directions to the Tahsildar concerned to consider and act upon the said application for survey and measurement, if so filed by the petitioners herein.