M/S Mir Realtors Pvt. Ltd. v. K.Abdul Nazar
Case brief
What is this about?
The petitioner challenged non-compliance with a judgment. It was held that since the respondent Panchayat granted permission and work commenced, the contempt is closed. Grievances about the restoration fee are not cognizable in these proceedings.
What did the court decide?
Closed the contempt case. Directed that grievances regarding the restoration fee may be agitated in appropriate proceedings.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Con.Case(C).No. 555 of 2010(S) -----------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.7930/2010 Dated 11/03/2010 .................... PETITIONER(S): PETITIONER -------------------------------------------M/S.MIR REALTORS PVT.LTD., 1ST FLOOR, MM BUILDINGS, NEAR NORTH TOWN HALL, ERNAKULAM-682018 REPRESENTED BY ITS MANAGING DIRECTOR MR.ARUN KUMAR K., S/O.A.K.RAGHAVAN NAMBIAR, AGED 43 YEARS. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENT(S): RESPONDENT IN WPC: ----------------------------------------------------------K.ABDUL NAZAR, AGED 49, S/O.KOYA, SECRETARY, THRIKKAKARA GRAMA PANCHAYAT, KAKKANADU P.O., ERNAKULAM, KOCHI-30, RESIDING AT THERUVIL HOUSE, THAIKKATTUKARA, ALUVA.
SRI.S.SHANAVAS KHAN, SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ================ Cont Case (C) NO. 555 OF 2010 (S)
========================
Dated this the 23rd day of June, 2010
J U D G M E N T
Issues for consideration
3 issues framed by the court
Whether the contempt petition should be closed after the respondent Panchayat granted the necessary permission for the petitioner's work.
Whether grievances regarding the amount paid as a restoration fee can be adjudicated in the contempt proceedings.
Whether the petitioner's complaint about the non-compliance of the judgment directing implementation of Ext.P2 is maintainable once permission has been granted.
Parties & counsel
- petitioner
M/S.MIR REALTORS PVT.LTD.
- respondent
K.ABDUL NAZAR
Coram
ANTONY DOMINIC
Case details
As recorded by the court registry
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