Sulu S.S vs V.Venu

Shaji P.Chaly, J

This contempt petition is filed by the petitioner complaining that the directives contained in the judgment dated 14.02.2018 are not complied with.

Today when the matter is taken up, learned Senior Government Pleader Sri.Surin George Ipe submitted that in compliance with the directions issued

by this Court, an order dated 18.12.2018 was passed by the Custodian of Vested Forests holding that the subject issue as to whether the land in

question is ecologically fragile land or not, is pending consideration before the Advisory Committee and therefore, the request made by the petitioner to

put him in possession of the property based on Exhibit P1 order passed by the Forest Tribunal, Palakkad dated 15.6.1979 in O.A.No.34 of 1976,

affirmed in MFA No.542/1979, cannot be implemented.

Learned counsel for petitioner Sri.Sankar.V submitted that in fact this Court had issued directions to the 2nd respondent in the writ petition viz., the

Chief Conservator of Forest and Custodian of Vested Forests, who is not the competent officer, and therefore, petitioner intends to file an application

seeking correction in the judgment rendered by this Court.

I have evaluated the rival submissions made across the Bar and in my considered opinion the directions were issued in the year 2018 to a superior

authority and a decision was taken by the Custodian of Forests in the year 2018. Now two years have elapsed since the passage of the order and it

cannot also be said that there is any wilful or contumacious act on the part of the respondents in complying with the directions issued by this Court so

as to proceed in contempt. If there is any illegality in the orders passed, it is for the petitioner to pursue further remedies in accordance with law. Since

I do not find any reason to proceed with the contempt petition, it is closed, leaving open the liberty of the petitioner to challenge the order, if advised

so.