The High Court of Kerala disposed of a contempt case alleging non-compliance of directions issued in a related writ petition. The Court found that the Corporation had initiated necessary steps, thus not establishing willful contempt, and closed the proceedings without penalty.
The contempt proceedings were closed as no case of willful contempt was made out.
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
MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 1937 Con.Case(C).No. 182 of 2016 (S) IN WP(C).25997/2011 ----------------------------------------------------NON-COMPLIANCE OF THE JUDGMENT IN WA.No.1449 OF 2015 DATED 08-07-2015
PETITIONER(S)/APPELLANT IN WA :-
SHRI.SHAMMY THILAKAN, AGED 44 YEARS S/O.SURENDRANATH THILAKAN, PALAPURAM, JNRA-3 OPPOSITE S.N.WOMENS COLLEGE, KOLLAM - 691 001.
BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR
RESPONDENT(S)/R2 IN WA :-
V.R.RAJU, AGED 53 YEARS S/O.RAJAN, SECRETARY, KOLLAM CORPORATION KOLLAM-691 001.
BY ADV. SRI.M.K.CHANDRA MOHANDAS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
Cont. Case (C) No.182 of 2016
Dated this the 29th day of February 2016
J U D G M E N T
Shaffique, J.
This contempt case has been filed alleging non-compliance of the directions issued by this Court in W.A.No.1449 of 2015. The appeal was filed by the 3rd respondent in the writ petition challenging the judgment of the learned Single Judge. We did not interfere in the said judgment. We only clarified that the Corporation may take appropriate steps, after giving notice to the writ petitioners, within a period of three months from the date of receipt of a copy of the said judgment.
Cont. Case (C) No.182 of 2016
-: 2 :-
has been informed that his application for regularisation of the unauthorised construction cannot be considered. According to the respondent, the Corporation has taken necessary steps pursuant to the directions issued by this Court and they also need some more time.
Accordingly, there is no necessity to proceed with the contempt case and the same is closed.
Sd/ASHOK BHUSHAN
Sd/-
A.M. SHAFFIQUE
//TRUE COPY//
Jvt/29.2.2016.
P.A. TO JUDGE
1 issue framed by the court
Whether the respondent Corporation has willfully failed to comply with the directions of the High Court.
Shri.Shammy Thilakan
V.R.Raju
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
