Naduvil Vellad Devaswom vs Mir Muhammed Ali, I.A.S

This contempt petition is filed alleging disobedience of the directions contained in the judgment in W.A. No.906 of 2016. The said appeal was filed against the judgment in W.P.(C) No.39071 of 2015. The writ petition in question was filed by the petitioner herein without impleading any private respondents, seeking initiation of proceedings under the Kerala Land Conservancy Act for recovery of a large extent of property allegedly belonging to the Devaswom and in the occupation of private individuals. The writ petition was disposed of by judgment dated 22.12.15 directing that proceedings be initiated in accordance with law. That judgment was confirmed by the Division Bench of this Court in the writ appeal filed by certain third parties whose rights were affected by the judgment of the learned single Judge. It is this judgment of the Division Bench which is stated to be disobeyed.

The affidavit filed by the first respondent in the writ petition, the District Collector of Kannur, shows that the claim of the Devaswom is for recovery of 22603.23 Acres of land, which are spread out in Vellad village, new Naduvil and Udayagiri Villages under the Taliparambu Taluk. It is also stated that out of the above, except 1.64 Acres in R.S. No.23/1 of Vellad Village in the possession of the Devaswom where the temple is housed, rest of the properties are neither found in the name of the Devaswom nor in the possession of Devaswom. Though the Devaswom is having this averment, fact remains that, in such a situation as is revealed from the counter affidavit filed, the respondents cannot be faulted on the allegation that they have disobeyed the directions of this Court. According to us, petitioner has not made out a case of wilful disobedience and the remedy if at all to recover possession of the property of the petitioner, is for them to move the appropriate civil court.

The contempt petition is dismissed.