Maymol P Davis vs J. Justine Mohan & Anr.

Soumen Sen, C. J.

The appeal arises out of the order dated 16.06.2025 in R.P. No. 370 of 2025 in Con. Case (C) No. 3210 of 2024 filed alleging non-compliance of the judgment dated 09.07.2024 in W.P.(C) No. 21652 of 2024. The writ petition was disposed of by directing the respondents to disburse the compensation to which the petitioner and her family are entitled, in accordance with law, within a period of three months from the date of receipt of a copy of the judgment.

Admittedly, there was a delay in disbursing the said amount, on account of which the petitioner, appearing in person, filed two separate contempt applications. The second contempt application was not necessary as it was connected with the first contempt application wherein it was alleged that the time frame prescribed in the original judgment had not been complied with.

Con. Case (C) No. 3210 of 2024 was disposed of on 12.12.2024, recording the submission made on behalf of the learned Special Government Pleader for Forest that the amount of compensation would be disbursed to the petitioner within sixty days from the execution of the agreement. The petitioner was directed to execute the agreement forthwith, and the respondents were directed to disburse the compensation amount within sixty days thereafter.

Admittedly, the State did not comply with the said direction on the pretext that the amount could be paid in two instalments, one at the time of execution of the agreement and the balance after execution of the sale deed, and thereby delayed the proceedings. The Coordinate Bench extended the time for compliance and directed the amount to be deposited in Court, pursuant to which the petitioner, appearing in person, was permitted to withdraw the said amount.

We have gone through the records, and the entire episode would demonstrate the enormous difficulty faced by the appellant in realising the compensation amount. The very purpose of the compensation envisaged in the original judgment was largely defeated due to the inaction on the part of the State instrumentalities. Though an application has been filed by the petitioner seeking compensation on account of the harassment suffered in releasing the compensation amount, the said issue cannot be strictly examined in this appeal, as the order passed in the contempt proceedings has not been challenged before us. Moreover, the said order could not have been challenged under the provisions of the Contempt of Courts Act, 1971.

However, one cannot ignore the fact that the petitioner is appearing in person and that there has been an inordinate delay on the part of the department in releasing her compensation, for which we are of the view that the petitioner deserves to be compensated.

Accordingly, we direct the State to pay an amount of ₹ 50,000/-to the petitioner within a period of two weeks from today. In the event of default, we shall be constrained to issue rule of contempt.

Accordingly, the writ appeal and I.A. No. 2 of 2025 are disposed of.

Annexure A STATEMENT OF COSTS, COMPENSATION, AND INTEREST CLAIMED BY THE PETITIONER

Annexure A1 A TRUE COPY OF THE REGISTERED SALE DEED DATED 13.08.2025

Annexure A2a COPY OF RKDP GUIDELINES

Annexure A2b COPY OF RTI REPLY DATED 17.06.2025 ISSUED BY DIVISIONAL FOREST OFFICE

Annexure A2c COPY OF LETTER FROM TAHSILDAR, KUNNATHNADU (NO. TLKKND/1023/2023-A3 DATED 25.11.2024 ) ALONG WITH TRANSLATION

Annexure A2d COPY OF SETTLEMENT DEED DATED 22.05.2009 (NO. 984/09) ALONG WITH TRANSLATION

Annexure A2e COPY OF POSSESSION AND NON-ATTACHMENT CERTIFICATE (NO. 80687507 DATED 25.09.2023)

Annexure A2f COPY OF G.O.(RT) NO. 204/2024/F&WLD DATED 25.04.2024

Annexure A2g COPY OF RTI REPLY DATED 16.01.2024 ISSUED BY CHIEF CONSERVATOR OF FORESTS (E&TW) ALONG WITH TRANSLATION

Annexure A2h COPY OF JUDGMENT IN W.P.(C) NO. 21652 OF 2024

Annexure A2i COPY OF G.O.(RT) NO. 483/2018/P&EA DATED 14.11.2019

Annexure A2j COPY OF RTI REPLY DATED 06.08.2025 BY DFO, MALAYATTOOR DIVISION, ALONG WITH TRANSLATION

Annexure A2k SPECIAL POWER OF ATTORNEY EXECUTED BY MR. MONCY P.N. IN FAVOUR OF MS. MAYMOL P. DAVIS

Annexure-R1(A) Guidelines for the voluntary relocation of willing eligible families from the non-tribal private settlements from inside the forests.

Annexure-R1(B) Copy of G.O.(Rt)No.204 of 2024/FWLD Dated, 25-04-2024.

Annexure-R1(C) Proceedings of the Additional Principal Chief Conservator of Forest (E and TW) and Special Officer, RKDP and KIIFB Project, Forest Headquarters, Thiruvananthapuram bearing Order No. E and TW5-204/2023 Dated 28-01-2025.

Annexure-R1(D) True copy of the instruction submitted on 05.12.2024 by the deponent.