PEACE FOUNDATION Vs. M.V.SURESH KUMAR

JUDGEMENT

(1.) This proceedings under the Contempt of Courts Act is instituted alleging wilful disobedience of Annexure-I interim order passed by this Court on 19.3.2021 in W.P.(C)No.5614 of 2021.

(2.) W.P.(C)No.5614 of 2021 was one instituted by the petitioner challenging Ext.P15 communication issued to them by the first respondent therein calling upon them to pay a sum of Rs.56 lakhs towards the fee payable on the application preferred by them under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act) in respect of the land referred to in the writ petition. According to the petitioner, the application on which they have been issued Ext.P15 communication is one which happened to be filed on a wrong legal advice and insofar as they have preferred Ext.P12 application as early as on 12.3.2014 for permission in terms of Clause 6(2) of the Kerala Land Utilization Order in respect of the very same land and insofar as the same was pending consideration, it was unnecessary for them to prefer an application under Section 27A of the Act.

(3.) In the light of the case aforesaid set out by the petitioner in the writ petition, in terms of the interim order dated 19.3.2021, this Court directed the first respondent in the writ petition to consider and pass orders on Ext.P12 application in the light of the decisions of this Court in Renji K Paul v. Revenue Divisional Officer, 2019 (2) KLT 262 and Geo Peter v. Revenue Divisional Officer, 2019 (3) KLT 838. As noted, it is alleging wilful non-compliance of the said order that this contempt case is instituted.