Dismissed

Regi Jose v. Kuriakose Padavan

Kerala HC15 Dec 2011Con.Case(C)/902/2011

Case brief

AI extract

What is this about?

In a contempt case arising from alleged delay in complying with a previous order by the Municipal Council, Pala, the single judge granted an extension earlier. Concluding that the delay is insufficient to sustain contempt given recent relief, the court closed the interim proceedings without further penalty.

What did the court decide?

Contempt proceedings closed. Cost issue reserved for separate petition if unpaid.

Regi Jose Vs Kuriakose Padavan — Writ and Judicial Review | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

¶4

THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933

¶5

Con.Case(C).No. 902 of 2011(S)

¶6

-------------------------------------------[IN THE JUDGEMENT DATED 07/03/2011 IN W.P.(C).NO.33439/2007 OF THIS HON'BLE COURT]

¶7

PETITIONER/PETITIONER:

¶8

-------------------------------------

¶9

REGI JOSE, S/O. A.T. JOSE, AGED 41 YEARS, RESIDING AT ALAPPATT KUNNEL HOUSE, PALA, KOTTAYAM DISTRICT.

¶10

BY SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE, ADVS. SRI.HARISH R. MENON, SRI.MANU GEORGE KURUVILLA.

¶11

RESPONDENTS:

¶12

------------------------

¶13

1. KURIAKOSE PADAVAN, S/O. CHERIAN, AGED 46 YEARS, MUNICIPAL CHAIRPERSON, MUNICIPAL COUNCIL, PALA MUNICIPALITY, PALA, PIN - 686 575.

¶14

2. K.G. RAVINDRAN, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, SECRETARY, PALA MUNICIPALITY, PALA, PIN - 686 575.

¶15

R2 BY ADVS. SRI.V.M.KURIAN, SRI.MATHEW B. KURIAN, SRI.K.T.THOMAS,

¶16

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

CONT. CASE (C).NO.902/2011-S:

¶18

APPENDIX

¶19

PETITIONER'S ANNEXURES:-

¶20

ANNEXURE 1: CERTIFIED COPY OF THE JUDGMENT DTD. 07/03/2011 IN W.P.(C). NO.33439/2007.

¶21

ANNEXURE 2: COPY OF THE ORDER DTD. 18/07/2011 ISSUED BY THE R.2.

¶22

ANNEXURE 3: COPY OF THE APPLICATION FOR RENEWAL LICENSE ALONG WITH THE COVERING LETTER DTD. 22/07/2011 AND BANKERS CHEQUE.

¶23

ANNEXURE 4: COPY OF THE LETTER DTD. 05/08/2011 ISSUED BY THE R.2.

¶24

ANNEXURE 5: COPY OF THE RECEIPT DTD. 18/02/2011.

¶25

ANNEXURE 6: COPY OF THE ORDER DTD. 11/04/2008.

¶26

ANNEXURE 7: COPY OF THE NEWS ITEM DTD, 15/05/08 PUBLISHED IN MALAYALA MANORAMA.

¶27

ANNEXURE 8: COPY OF THE AGREEMENT DTD. 28/11/2010.

¶28

ANNEXURE 9: COPY OF THE COMMUNICATION DTD. 25/05/2007.

¶29

ANNEXURE 10: COPY OF THE COMMUNICATION DTD. 12/11/2007.

¶30

ANNEXURE 11: COPY OF THE COUNTER AFFIDAVIT DTD. 17/11/2009.

¶31

RESPONDENT'S ANNEXURES:-

¶32

ANNEXURE R1.A: COPY OF THE JUDGMENT DTD. 08/08/2007 IN W.P.(C).NO.15285/2007.

¶33

ANNEXURE R1.B: COPY OF THE LETTER ISSUED BY THE COMMERCIAL TAX OFFICER, PALA ALONG WITH THE MONTHLY SALES TURN OVER OF THE PETITIONER.

¶34

ANNEXURE R1.C: COPY OF THE LETTER DTD. 14/09/2007 SUBMITTED BY R.1.

//TRUE COPY//

P.A. TO JUDGE

Prv.

S. SIRI JAGAN, J.

¶39

Contempt Case (c)No.902 of 2011

¶40

Dated this the 15^th day of December, 2011

¶41

JUDGMENT

¶42

After having heard both sides, I find only delay on the part of the Municipality in complying with the directions in the judgment as a ground for initiating contempt proceedings. But, today in I.A.No.18494/2011, I have already granted extension of time on terms. In the above circumstances, I am not inclined to continue proceedings in the Contempt Case.

¶43

Accordingly, the Contempt Case is closed. However, if the costs ordered in the I.A is not paid, it would be open to the petitioner to file a petition to restore the Contempt Case.

¶44

S. SIRI JAGAN, JUDGE

¶45

acd

Regi Jose v. Kuriakose Padavan

Case brief

What is this about?

What did the court decide?

Regi Jose v. Kuriakose Padavan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

C.Aswathy Vs P.Pradeepkumar

Shoby George Vs Union Bank of India

A.Sasidharan Vs State of Kerala

Regional Manager, Central Bank of India Vs B.Premkumar

Manager, H.L.P.S., Malesamangalam Vs State of Kerala and Others

Dr.Biju Ramesh Vs State of Kerala & Others