K. ESHAQUE Vs. U.V. JOSE

JUDGEMENT

(1.) This contempt case is instituted alleging wilful disobedience of Annexure A1 interim order passed in W.P.(C) No.37333 of 2017.

(2.) W.P.(C) No.37333 of 2017 is a writ petition instituted by a group of timber merchants doing business on the banks of Kallai river in Kozhikode district, challenging the proceedings instituted in respect of the lands held by them, under the Kerala Land Conservancy Act (the Act). Among others, the petitioners sought in the writ petition, a declaration that they are not liable to be evicted from the lands summarily under the Act. The interim relief sought in the writ petition was a stay of further proceedings pursuant to Ext.P26 and other similar notices issued to the petitioners for dispossessing them from the lands. Ext.P26 in the writ petition was a notice in Form-C of the Kerala Land Conservancy Rules requiring the petitioners to vacate the land. The main ground urged in the writ petition was that the petitioners are in possession of the lands for a considerably long period based on perpetual lease granted by the British Government and that their possession cannot, therefore, be disturbed through the proceedings under the Act.

(3.) On 21.11.2017, this court passed Annexure A1 order directing the respondents to maintain status quo as regards the proceedings. The writ petition was disposed of by this court later, on 19.6.2019 directing the Government to consider the question as to whether the petitioners are in possession of the lands based on perpetual lease and clarifying that if it is found that the petitioners have no perpetual lease, the Government is free to evict them under the Act. It was also directed by this court in the judgment that the Government shall consider the request of the petitioners to remove the Jhandas laid in the meanwhile demarcating the Government land.