The High Court of Kerala closed contempt proceedings after the second respondent took a decision, granting petitioners liberty to challenge it while ordering communication of the decision within two weeks.
Contempt case closed; liberty to challenge second respondent's decision; communication of decision to be done within two weeks.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 13TH DAY OF OCTOBER 2016/21ST ASWINA, 1938
Con.Case(C).No. 1442 of 2016 (S) IN WP(C).36686/2015
JUDGMENT IN WP(C) 36686/2015 OF HIGH COURT OF KERALA DATED 07-01-2016
PETITIONER(S):
1. ACCIL MARIYAN, AGED:60 YEARS, S/O LATE M.P MARIYAN, MUZHAGUMTHARA HOUSE, EDAPALLY NORTH VILLAGE, ERNAKULAM, KOCHI-682024
2. BRITTLE JOB, W/O LATE A.C.JOB, AGED:66 YEARS, ATHIPARAMBIL HOUSE, KALOOR-682017
3. REMMY CECIL, AGED:60 YEARS, W/O LATE CECIL MARIYAN, MUZHAGUMTHARA HOUSE, NESTOR PRIMEROSE APARATMENT, 48/103-6G, S.N. ROAD EAST, ELAMAKKARA PO, KOCHI-682026
4. REMIL CECIL, AGED:27 YEARS, S/O LAGE CECIL MARIYAN, MUZHAGUMTHARA HOUSE, NESTOR PRIMEROSE APARATMENT, 48/103-6G, S. NO. ROAD EAST, ELAMAKKARA PO, KOCHI-682026
5. REEMA CECIL, AGED:23 YEARS, D/O LAGE CECIL MARIYAN, MUZHAGUMTHARA HOUSE, NESTOR PRIMEROSE APARATMENT, 48/103-6G, S. NO. ROAD EAST, ELAMAKKARA PO, KOCHI-682026
6. PAMILA BABU, AGED:59 YEARS, W/O LATE BABY THOMAS, KONNULY HOUSE, P.T. JACOB ROAD, THOPPUMPADY PO, KOCHI-682005
BY ADVS.SRI.JOHNSON JOSEPH KANADAN SRI.P.THOMAS JOSEPH (PALLIVATHUCKAL)
RESPONDENT(S)/1,2 &3 RESPONDENT IN WPC :
1. JOSEPH ANTONY HERTIZ, AGED:45 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, VILLAGE OFFICER, ERNAKULAM-682011
2. BHARATHAN, S/O PRASAD AGED:52 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM-682011
3. K. MOHAMMED Y. SAFFRULLA, AGED:32 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE DISTRICT COLLECTOR, ERNKULAM-682030
BY SENIOR GOVERNMENT PLEADER SRI.GOPINATHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 13-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BKA/-
A. MUHAMED MUSTAQUE, J.
-------------------------------------------------Cont. Case (C) No. 1442 of 2016
Dated this the 13th day of October, 2016
J U D G M E N T
It is submitted by the learned Government Pleader that a decision has been taken by the second respondent. In view of the above, the contempt case is closed with liberty to the petitioners to challenge the decision of the second respondent, if they are aggrieved.
If the decision of the second respondent has not been communicated to the petitioners so far, the same shall be communicated within a period of two weeks from the date of receipt of a copy of this judgment.
Sd/- A. MUHAMED MUSTAQUE JUDGE
bka/-
//True copy//
PA to Judge
1 issue framed by the court
Whether the contempt proceedings should be closed upon a decision by the second respondent.
Accil Mariyan
Brittle Job
Remmy Cecil
Reemil Cecil
Reema Cecil
Pamilia Babu
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
