Sibi Joseph vs Jolly Joseph

Alexander Thomas, J

The abovesaid Contempt of Court case arises out of the impugned judgment dated 24.6.2020 rendered by this Court in WP(C).No.12382/2020.

Heard Sri.Shabu Sreedharan, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent.

On the previous occasion, this Court has passed order dated 30.11.2022 in this Contempt Case, which reads as follows:

"This Court is now apprised that the writ appeal No.1323/2020, preferred by the State authorities, to impugn the present Anx.1 judgment dated 24.06.2020 in W.P.(C) No.12382/2020, has now been disposed of by the Division Bench, as per judgment rendered on 08.11.2021, with the following directions in paras 5 to 8 thereof, which read as follows:-

“5. Pending disposal of the writ appeal, respondent No.1 has produced Annexure R(a), a circular dated 20.02.2021 issued by the Principal Secretary, Department of Revenue, whereby Government of Kerala has issued orders instructing the officers concerned, including the first appellant to the effect that fair value shall be fixed based on the date of submission of the application before the office concerned.

In Annexure R(a) circular dated 20.02.2021, it is clarified that those who submitted applications before 15.05.2020 need not pay the enhanced rate.

In the light of Annexure R(a) dated 20.02.2021, Mr.S.Ranjith, learned Special Government Pleader, submitted that in the case on hand the writ petitioner has submitted an application dated 27.08.2018 and the said application can be considered in terms of the said circular dated 20.02.2021. In view of the above, there is no need to delve into the issues raised in this writ appeal.

Placing on record the submission of the learned Special Government Pleader, we direct the Revenue Divisional Officer, Puthanangady, Kottayam-686 001, the first appellant, to consider the application dated 27.08.2019 submitted by the writ petitioner/respondent and pass appropriate orders by considering the aforesaid circular and in accordance with law within one month from the date of receipt of a copy of this judgment."

Sri.Shabu Sreedharan, learned counsel appearing for the petitioner, submits that the norms now incorporated as per the subsequent circular, referred to as Anx.R(a) dated 20.02.2021 in the writ appeal judgment, and the directions in the impugned judgment rendered prior thereto, are substantially same, etc.

The above writ appeal has been disposed of as early as on 08.11.2021. It is not known as to why the respondents are not complying with the directions, as given atleast in terms of the judgment dated 08.11.2021 in W.A. No.1323/2020.

The learned Senior Government Pleader submits that necessary instructions and advice be immediately given to the respondent-RDO, Kottayam, to immediately comply with the abovesaid directions and report compliance, within two weeks. If the respondent-RDO, Kottayam, does not comply with the aforesaid directions, as above, within two weeks’ time, then he shall be personally present before this Court on the next posting day."

Today when the matter has been taken up for consideration, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent, would submit that after the rendering of the judgment dated 8.11.2021 by the Division Bench of this Court in W.A.No.1323/2020, the respondent RDO has passed proceedings bearing No.B2-1529/2021/K.Dis dated 4.12.2021 whereby it has been ordered that the petitioner need to remit only the fee, on the basis of the fair value of the subject property as on the date of the application.

The learned Senior Government Pleader would ensure that copy of said proceedings dated 4.12.2021 issued by the respondent RDO shall be immediately given to the counsel for the petitioner.

The abovesaid submissions made on behalf of the respondent officer are recorded. Hence, it appears that the directions in Anx-1 judgment in WP(C).No.12382/2020, as clarified by the judgment dated 8.11.2021 in W.A.No.1323/2020, have already been complied with by the respondent RDO.

With these observations and direction, the above Contempt of Court case will stand finally disposed of.