In a contempt proceeding, the court closed the petition after a subsequent order dated 13/6/12 rendered the matter moot, directing the petitioner to raise validity issues in the related principal proceedings.
Closed the contempt petition and directed the petitioner to file contentions in the related writ proceedings.
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 HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 27TH DAY OF JUNE 2012/6TH ASHADHA 1934
Con.Case(C).No. 542 of 2012 (S) IN WPC/23862/2011
-------------------------------------------------AGAINST THE ORDER/JUDGMENT IN WPC.NO.23862/2011 DATED 19/09/2011
PETITIONER:
C.T.KHADEEJA, D/O.ALI KOYA,AGED 50 YEARS, AL-HUDA, 20/1235A, PANNIANKARA, V.K.K.ROAD, CALICUT.
BY ADV. SMT.T.RESMI DAMODARAN
RESPONDENT(S):
P.VIJAYADEVI, (FATHER'S NAME AND AGE NOT KNOWN), THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE-673 001.
BY ADV. SRI.JOICE GEORGE,SC,
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 27-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
COC.NO.542/2012
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX A1 | COPY OF THE JUDGMENT DATED 19/10/2011 |
|---|---|
| ANNEX A2 | COPY OF THE NOTICE ISSUED BY THE 3ND RESPONDENT DATED 17/01/2012 |
| ANNEX A3 | COPY OF THE REMINDER DATED 18/02/2012. |
RESPONDENT'S ANNEXURES:
| ANNEX R1 | COPY OF THE COMMUNICATION DATED 9/12/2011 ISSUED BY THE RESPONDENT TO THE MANAGING DIRECTOR OF THE KINGS BAY HOTEL. |
|---|---|
| ANNEX R2 | COPY OF THE REQUEST DATED 24/12/2011 SUBMITTED BY THE MANAGING DIRECTOR OF THE KINGS BAY HOTEL. |
| ANNEX R3 | COPY OF THE CIRCULAR NO.PCB/T4/115/97 DATED 13/02/2012 |
| ANNEX R4 | COPY OF THE COMMUNICATION NO.PCB/KD/DO/WP(C)23862/2011 DATED 18/02/2012 |
| ANNEX R5 | COPY OF THE LETTER NO.PCB/KD/DO/WP(C)NO.23862/2011 DATED 26/03/2012 |
| ANNEX R6 | COPY OF THE LETTER DATED 14/05/2012 SENT BY THE MANAGING DIRECTOR,KINGS BAY HOTEL TO THE ENVIRONMENTAL ENGINEERS, KOZHIKODE |
| ANNEX R7 | COPY OF THE LETTER NO.PCB/HO/COMP/KKD/3/2012 DATED 01/06/2012 ISSUED BY THE CHAIRMAN TO THE ENVIRONMENTAL ENGINEER. |
| ANNEX R8 | COPY OF THE ORDER NO.PCB/KKD/DO/2358/2012 DATED 02/06/2012 |
| ANNEX R9 | COPY OF THE CLOSURE INTENTION NOTICE NO.PCB/KKD/DO/WP(C) 23862/2011 DATED 13/01/2012 ISSUED BY THE RESPONDENT TO THE MANAGING DIRECTOR OF THE RESTAURANT. |
| ANNEX R10 | COPY OF THE REPLY DATED 01/02/2012 ALONG WITH THE PROPOSAL FOR ESTABLISHING SEWAGD TREATMENT PLANT SUBMITTED BY THE MANAGING DIRECTOR,RESTAURANT. |
| ANNEX R11 | COPY OF THE LETTER NO.PCB/KD/DO/WP(C)23862/2011 DATED 03/11/2011. TRUE COPY/ |
sts
P.S.TO.JUDGE
ANTONY DOMINIC, J. ================ Contempt Case NO. 542 OF 2012
=======================
Dated this the 27th day of June, 2012
J U D G M E N T
Though reluctantly finally the Pollution Control Board passed order dated 13/6/12 in the purported compliance of the directions in the judgment, according to the petitioner, in WP(C) No. 14058/12 filed by the 1st respondent in WP(C) No. 23862/11, this order has been stayed by this Court.
Be that as it may, in the light of the order dated 13/6/12, this contempt petition is closed.
ANTONY DOMINIC, JUDGE
Rp
C.T.KHADEEJA
P.VIJAYADEVI
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
