This contempt petition alleged willful disobedience of directions given in an earlier order regarding temple construction and step restoration. The court found credible evidence of compliance and dismissed the petition.
Petition under the Contempt of Courts Act dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934
Con.Case(C).No. 1580 of 2010 (S)
AGAINST THE JUDGMENT IN WP(C).8041/2010 of HIGH COURT OF KERALA DATED 28-10-2010
PETITIONER/WRIT PETITIONER:
C.GOPALAKRISHNAN, AGED 55 YEARS,
CHEMBALIPURATH MARATH HOUSE, MUKUNDAPURAM TALUK THRIKKUR VILLAGE, THRIKKUR DESOM, THRISSUR DIST.
BY ADV. SRI.P.VIJAYAKUMAR
RESPONDENTS/RESPONDENTS:
1. P.GIRI , AGED ABOUT 40 YEARS, S/O.ARAVINDAKSHAN, KOZHIPRA HOUSE, POST THRIKKUR, THRISSUR DISTRICT.
2. SHRI.T.K.PARASURAMAN,AGED ABOUT 65 YEARS, S/O.KRISHNA IYER, PUTHANMADAM, POST THRIKKUR THRISSUR DISTRICT.
3. SHRI.K.K.MOHANAN PILLAI,AGED ABOUT 54 YEARS, S/O.KRISHNA PILLAI, DIRECTOR OF ARCHEOLOGY TRIVANDRUM.
4. B.BALAMOHANAN,AGED ABOUT 50 YEARS,
(FATHER'S NAME NOT KNOWN TO THE PETITIONER) DOCUMENTATION OFFICER, ARCHEOLOGICAL MUSEUM SHAKTHAN THAMPURAN PALACE, THRISSUR DISTRICT.
R2 BY ADVS.SRI.G.SREEKUMAR (CHELUR)
SRI.K.RAVI (PARIYARATH)
R3 BY ADVS.SRI.MANOJ RAMASWAMY
SRI.G.SREEKUMAR(CHELUR)
R4 BY GOVERNMENT PLEADER SRI.K.A.SANJEETHA
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
Con.Case(C).No. 1580 of 2010 (S)
APPENDIX
PETITIONER'S ANNEXURES
ANNEXURE 1. COPY OF THE JUDGMENT IN WPC 8041/10 DATED 28.10.2010.
ANNEXURE 2. COPY OF THE LETTER DATED 3/12/2010 ISSUED BY THE 3RD RESPONDENT.
ANNEXURES 3(A)., 3(B), & (C). PHOTOGRAPHS SHOWING THE ON GOING WORKS ON 15.12.2010 & 16.12.2010.
ABBEXURES 4. COPY OF THE WRITTEN COMPLAINT DATED 16.12.10 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
ANNEXURE 5. PHOTOGRAPH SHOWING THE ORIGINAL ANCIENT PILLAR BY THE SIDE OF THE FLEET OF STEPS CARRYING AN OLD STONE LAMP.
ANNEXURE 6. PHOTOGRAPH SHOWING THE PRESENT CONSTRUCTION AND RESTORATION
ANNEXURE 7. PHOTOGRAPH SHOWING THE FEATURES OF THE EXCAVATION, AFTER HIGH HANDEDLY REMOVING THE ANCIENT STEPS.
ANNEXURE 8. PHOTOGRAPH SHOWING THE PRESENT FEATURES OF THE SITE COVERED BY ANNEXURE 7.
RESPONDENT'S ANNEXURE : NIL
/ TRUE COPY /
P.A. TO JUDGE
VK,
ANTONY DOMINIC,J
C.O(C) No.1580 of 2010
Dated this the 18th day of February, 2013
JUDGMENT
Heard the learned counsel for the petitioner, learned counsel appearing for respondents 1 and 2 and the learned counsel appearing for respondents 3 and 4.
C.O.(c) No.1580 of 2010
: 2 :
and if satisfied with the work done will permit respondents 1 and 2 to proceed with the work. It is alleging that despite the directions in the judgment, respondents 1 and 2 have not replaced the steps or restored the earth of 25 feet height dredged from the site, this petition under the Contempt of Courts Act was filed.
C.O.(c) No.1580 of 2010
: 3 :
found that all the remaining work including replacement of the steps has been carried out by the temple authorities. Pointing out these, third respondent says that respondents
1 and 2 have complied with the order of this court.
In such circumstances, I am unable to conclude that the petitioner has made out any case of willful disobedience of the directions in the judgment against the respondents justifying a proceedings against them under the Contempt of Courts Act.
Therefore, this Contempt Case is dismissed.
Sd/- ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether the respondents willfully disobeyed the court's direction to restore temple steps before proceeding with construction.
C. GOPALAKRISHNAN
P. GIRI
T.K. PARASURAMAN
K.K. MOHANAN PILLAI
B. BALAMOHANAN
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
