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2025 DAILYLAW 3609 (KER)

YMCA (YOUNG MENS’ CHRISTIAN ASSOCIATION), v. TINKU BISWAL I.A.S

Con.Case(C)/434/2025 · 2025-03-27

T R Ravi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26233 CON.CASE(C) NO. 434 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CON.CASE(C) NO. 434 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 18.11.2022 IN WP(C) NO.29615 OF 2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN THE WPC: YMCA (YOUNG MENS' CHRISTIAN ASSOCIATION), THRISSUR, PALACE ROAD, CHEMBUKKAVU P.O, CHEMBUKKAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT - 680020, REPRESENTED BY ITS PRESIDENT, JOJU MANJILA, AGED 59 YEARS, S/O C.M ANTONY, CHIRAYATH MANJILA HOUSE, PERINGAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680008 BY ADV AAMIR SOHRAB M. M. RESPONDENTS/RESPONDENT NOS.1 TO 4 IN THE WPC: 1 TINKU BISWAL I.A.S (AGE, NAME OF FATHER AND PERSONAL ADDRESS NOT KNOWN TO THE PETITIONER), PRINCIPAL SECRETARY, STATE OF KERALA, DEPARTMENT OF REVENUE, ROOM NO. 201-A, 1ST FLOOR, ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2025:KER:26233 CON.CASE(C) NO. 434 OF 2025 2 2 ARJUN PANDIAN I.A.S, (AGE, NAME OF FATHER AND PERSONAL ADDRESS NOT KNOWN TO THE PETITIONER), DISTRICT COLLECTOR, THRISSUR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 3 JAYASREE T. (AGE, NAME OF FATHER AND PERSONAL ADDRESS NOT KNOWN TO THE PETITIONER), TAHSILDAR, THRISSUR TALUK, THRISSUR TALUK OFFICE, OPPOSITE THRISSUR TOWN HALL, CHEMBUKKAVU, THRISSUR, PIN - 680020 4 SANDEEP M (AGE, NAME OF FATHER AND PERSONAL ADDRESS NOT KNOWN TO THE PETITIONER), SPECIAL TAHSILDAR (LAND ASSIGNMENT AND LR), TRICHUR, THRISSUR TALUK OFFICE, PIN - 680020 SMT. DEEPA NARAYANAN, SR.GOVT.PLEADER THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26233 CON.CASE(C) NO. 434 OF 2025 3 T.R. RAVI, J. -------------------------------------------- Cont. Case (C). No.434 of 2025 in W.P.(C). No.29615 of 2022 -------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The contempt case is filed complaining of non-compliance with the directions issued by this Court in WP(C) No.29615/2022. It is submitted that though this Court had directed to trace out the concerned files and if not possible to reconstruct the file and to issue duplicate pattas, the same have not been done so far. 2. Pending the contempt case, the petitioner has by abundant caution submitted application for issuance of a Nijasthithi Certificate, which can serve the same purpose as a duplicate patta, in case it is not possible to recreate the patta. It is submitted that he had preferred such an application as early as in 2023, but nothing has happened on that application. A fresh application has been filed on 26.03.2025, copy of which has been produced as Annexure VI. In the above circumstances, there will be a direction to the respondents to consider and pass orders on the application dated 2025:KER:26233 CON.CASE(C) NO. 434 OF 2025 4 26.03.2025, receipt of which has been acknowledged as per Annexure VII produced along with I.A.No.1/2025, after hearing the petitioner and issue a Nijasthithi Certificate at the earliest, at any rate within one month from the date of receipt of a copy of this judgment. The contempt case is closed without prejudice to the right of the petitioner regarding the claim for a duplicate patta, regarding which directions have already been issued by this Court in the judgment in WP(C) No.29615/2022. Sd/- T.R. RAVI JUDGE Pn 2025:KER:26233 CON.CASE(C) NO. 434 OF 2025 5 APPENDIX OF CON.CASE(C) 434/2025 PETITIONER'S ANNEXURES Annexure 1 A CERTIFIED COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P(C) NO. 29615 OF 2022, DATED 18.11.2022 Annexure II A TRUE COPY OF THE ORDER OF THIS HON’BLE COURT IN I.A NO. 1/2024 IN W.P (C) NO. 29615/2022, DATED 22.08.2024 Annexure III A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN IN CON. CASE (C) NO. 1474/2024, DATED 22.08.2024 Annexure IV A TRUE COPY OF THE ORDER BEARING NO. C5- 430789/2022 ISSUED BY RESPONDENT NO.2, DATED 28.01.2025 Annexure V A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER ASSOCIATION BEFORE RESPONDENT NO.3, SEEKING ISSUANCE OF A NIJASTHITHI CERTIFICATE IN ITS FAVOUR, DATED 25.02.2023 Annexure VI A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER ASSOCIATION BEFORE RESPONDENT NO.2 IN FURTHERANCE OF ANNEXURE-IV ORDER, SEEKING ISSUANCE OF A NIJASTHITHI CERTIFICATE IN ITS FAVOUR, DATED 26.03.2025 Annexure VII A TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF ANNEXURE-VI, ISSUED BY RESPONDENT NO.2, DATED 26.03.2025 RESPONDENT'S ANNEXURES ANNEXURE R2(a) TRUE COPY OF THE ORDER (C5-430789/2022) DATED 28-01-2025