This court dismissed a contempt of court case against three respondents, finding insufficient material to show the petitioner's non-compliance with an interim order regarding illegal plying of non-city permit autorikshaws.
Discontinued and dismissed petition under pet/c here
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 V.CHITAMBARESH
TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936
Con.Case(C).No. 1379 of 2014 (S) IN W.P.(C).NO.19032 of 2011
AGAINST THE JUDGMENT IN W.P.(C).NO. 19032 OF 2011 of HIGH COURT OF KERALA DATED 07-02-2013
PETITIONER/PETITIONER IN W.P.(C).NO. 19032 OF 2011:
THE ASSOCIATION OF CITYPERMIT AUTO DRIVERS DRIVERS REGISTRATION NO.ER258/11 HAVING ITS REGISTERED OFFICE AT VADHYAKULANGARA HOUSE OLD RAILWAY STATION ROAD ERNAKULAM-18, REPRESENTED BY ITS SECRETARY.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS/CONTEMNORS/RESPONDENTS 1 TO 3 IN W.P.(C).NO. 19032 OF 2011:
1. K.S.BABY VINOD
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) ASSISTANT COMMISSIONER OF POLICE CITY TRAFFIC (WEST) POLICE STATION KOCHI CITY - 682 031
2. NISAMUDHEEN,
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) CIRCLE INSPECTDOR OF POLICE CITY TRAFFIC (WEST) POLICE STATION KOCHI CITY - 682 031
3. K.M. SHAJI
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) REGIONAL TRANSPORT AUTHORITY COLLECTORATE ERNAKULAM, REPRESENTED BY ITS SECRETARY.
BY GOVERNMENT PLEADER SRI. GIKKU JACOB
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
Con.Case(C).No. 1379 of 2014 (S)
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE 1: COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER ASSOCIATION UNDER THE PROVISIONS OF THE TRAVANCORE- COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES ACT, 1955
ANNEXURE 5: COPY OF THE JUDGMENT DATED 24.06.2013 PASSED BY THIS HON'BLE COURT IN COC NO. 368/2013 IN W.P.(C). NO. 19032/2011
RESPONDENT'S ANNEXURES :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
--------------------------------------Cont. of Court Case(C).No. 1379 OF 2014
Dated this the 3rd day of March, 2015
JUDGMENT
The petitioner has evidently not complied with the interim order dated 09.02.2015. There is paucity of material to show that auto rickshaws operate within Cochin city without city permits. The respondents maintain that all necessary steps have been taken to curb illegal plying of auto rickshaws without city permits.
I do not find any sufficient ground to pursue the contempt of court case. The contempt of court case is dismissed.
V. CHITAMBARESH JUDGE
DCS
1 issue framed by the court
Whether there is sufficient ground to pursue a contempt of court case for non-compliance with an interim order regarding auto permit conditions.
THE ASSOCIATION OF CITYPERMIT AUTO DRIVERS
K.S.BABY VINOD
NISAMUDHEEN
K.M. SHAJI
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
