K.S.Ratheesh v. Patel Ajith Bhagawat Rao
Case brief
What is this about?
In a contempt petition challenging a judgment, the court held that since the occupancy certificate was issued belatedly following court directions, any grievances regarding alleged unnecessary conditions in the certificate must be pursued in a separate remedy. The contempt petition was closed without prejudice to that right.
What did the court decide?
The Contempt Petition is closed without prejudice to the petitioner's right to challenge the conditions in the Occupancy Certificate issued on 18.9.2012.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934
Con.Case(C).No. 1382 of 2012 (S) IN WPC/12442/2012
AGAINST THE JUDGMENT IN WPC.12442/2012 DATED 30-05-2012
PETITIONERS/PETITIONERS:-:
1. K.S.RATHEESH, AGED 33 YEARS S/O.SADANANDAN, KOCHUTHARAPARAMBIL HOUSE, MARADU P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT.
2. MANJU, AGED 31 YEARS W/O.K.S.RATHEESH, KOCHUTHARAPARAMBIL HOUSE MARADU P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS.SRI.M.SHYJU
SRI.P.SAJEEV (PERUMPALAM)
Issues for consideration
2 issues framed by the court
Whether to grant relief in the contempt petition given the belated issuance of the occupancy certificate pursuant to prior court directions.
Whether to allow the petitioner to challenge conditions in the occupancy certificate via the current contempt petition.
Parties & counsel
- petitioner
K.S.RATHEESH
- petitioner
MANJU
- respondent
PATEL AJITH BHAGAWAT RAO
- respondent
ANCY KURIAN
Coram
Case details
As recorded by the court registry
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