The High Court of Kerala dismissed a contempt case alleging that the police failed to implement earlier injunctions. The Court held that locking the bathroom and rear entry was not the subject of the original orders and thus no contempt was committed.
Contempt case dismissed with no contempt committed by the respondent.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937
Con.Case(C).No. 1502 of 2015 (S)
AGAINST THE JUDGMENT IN WP(C) 15673/2015 DATED 04-08-2015
PETITIONER/PETITIONER :
P.R. AJAY KUMAR
AGED 55 YEARS, S/O.T.K.RAGHAVAN, OLICKAL HOUSE, VALIYAKULAM, CHERUKULANJI MURI, VADASSERYKARA VILLAGE, RANNI TALUK.
BY ADV. SRI.PIOUS JACOB
RESPONDENT/RESPONDENTS 3 AND 4 :
1. ABDUL RAHIM, AGED ABOUT 50 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER CIRCLE INSPECTOR OF POLICE RANNI POLICE STATION.
2. JAYAKUMAR,
AGED ABOUT 40 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER STATION HOUSE OFFICER RANNI POLICE STATION.
R1 & R2 BY SR. GOVT. PLEADER SRI.P.I. DAVIS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
Con.Case(C).No. 1502 of 2015 (S)
APPENDIX
PETITIONERS' ANNEXURES :
ANNEXURE A1 : COPY OF THE PLAINT IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT IN IA NO. 681/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI. ANNEXURE A3 TRUE COPY OF THE IA NO. 682/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI. ANNEXURE A4 COPY OF THE ORDER IN IA NO. 681/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI.
| ANNEXURE A5 | COPY OF THE ORDER IN IA NO. 682/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI. |
|---|---|
| ANNEXURE A6 | COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 15673/2015 DATED 4/8/2015. |
| ANNEXURE A7 | COPY OF THE PHOTOGRAPHS OF THE LOCKED BATHROOM/TOILET. |
| ANNEXURE A8 | COPY OF THE PHOTOGRAPHS OF THE LOCKED REAR PORTION OF THE BUILDING. |
| ANNEXURE A9 | COPY OF THE RESPECTIVE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 26/8/2015. |
| ANNEXURE A10 | COPY OF THE RECEIPT SHOWING ACCEPTANCE OF |
|---|---|
| ANNEXURE A10 DATED 26/8/2015. |
RESPONDENT'S ANNEXURES : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
ASHOK BHUSHAN, CJ &
**A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** Contempt of Court Case No.1502 of 2015 ---------------------------------------Dated this the 8th day of October 2015
J U D G M E N T
Shaffique, J
This contempt case has been filed alleging non-compliance of the directions in the judgment dated 04/08/2015. In the aforesaid judgment, we have only directed the police to ensure that Exts.P6 and P7 injunction orders dated 31/06/2014 has to be implemented and appropriate police protection be provided to the petitioner in the matter.
Cont.Case No.1502/2015
2
petitioner.
Accordingly, we dismiss the contempt case.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-)
(A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/08/10/2015
Cont.Case No.1502/2015 3
Cont.Case No.1502/2015 4
1 issue framed by the court
Whether locking the bathroom and rear entry of the premises by the landlord constitutes contempt of court in breach of earlier injunction orders.
P.R. Ajay Kumar
Abdul Rahim
Jayakumar
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
