In a contempt petition for disobedience of a court order regarding re-induction of tenants, the High Court of Kerala directed the respondent to allot a specific shop to the complainant within two months.
Direction to the respondent to allot Shop No.1 to the complainant within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929
Con.Case(C).No. 195 of 2007(S)
IN CRP.976/2000 Dated 04/02/2005
PETITIONER /5TH RESPONDENT:
NIZHAR RAWTHER, AGED 48 YEARS, S/O. MOHAMMED HUSSAIN RAWTHER, PADINJARE NALUTHUNDATHIL, THONNALLUR MURI, THONALLUR VILLAGE, PANDALAM.
BY ADV. SRI.T.M.ABDUL LATHEEF
RESPONDENT/ 2ND REVN. PETITIONER
ANIYAN MATHEW, AGED 42 YEARS, S/O. MATHEW, KAMALAYATHU MAMPILALI MURI, PANDALAM THEKKEKARA VILLAGE.
BY ADV. SRI.G.UNNIKRISHNON AND BY ADV. SMT. THASNIM M.A.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L.DATTU, C.J. & K.T.SANKARAN,J. ---------------------------------------------------Cont.Case (C). NO. 195 OF 2007 S ---------------------------------------------------Dated this the 9th July, 2007 JUDGMENT
H.L.DATTU, C.J .
The fifth respondent in C.R.P.No.976 of 2000 is the complainant in this contempt petition. He alleges that the respondent herein has disobeyed the order passed by this Court in the aforesaid revision petition. Therefore, a request is made to initiate appropriate proceedings against the respondent as he has wilfully and deliberately disobeyed the order passed by this Court.
“It is directed that both the tenants herein must be re-inducted into possession within a period of 60 days
Cont.Case (C). NO. 195 of 2007
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from this date with liability to pay fair rent, to be fixed by the authorities.”
counsel appearing for the contemnor this contempt petition is disposed of. The contemnor shall allot Shop No.1 [marked in Ext.R1(a)] to the complainant within two months from today. Liberty is reserved to the contemnor to approach the appropriate authorities for fixation of fair rent, if he so desires.
Ordered accordingly.
(H.L.DATTU) Chief Justice
(K.T.SANKARAN) Judge
ahz/
Nizhar Rawther
Aniyan Mathew
H.L. Dattu
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
