In a contempt of court case, a single judge rejected the petitioner's argument that the considered order was illegal and pending appropriate challenge. The court held that no contempt lay, and the case was closed.
Contempt case closed; no relief granted.
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 K.VINOD CHANDRAN
FRIDAY, THE 10TH DAY OF JUNE 2016/20TH JYAISHTA, 1938
Con.Case(C).No. 290 of 2016 (S) IN WP(C).13276/2012
AGAINST THE ORDER/JUDGMENT IN WP(C) 13276/2012 of HIGH COURT OF KERALA DATED 29-07-2015
PETITIONER(S)/PETITIONER/PETITIONER:
SOLLY SABU
W/O.LATE SABU MATHEW, EDAKKARA HOUSE, PATHANPARA P.O., ALAKKODE-760571, THALIPARAMBA TALUK.
BY ADVS.SRI.P.BABU KUMAR
SRI.MATHEW GEORGE VADAKKEL
RESPONDENT(S)/RESPONDENT/RESPONDENT:
ALI KUNHI
S/O. HUSSAIN, KADEKKARA HOUSE, PROPRIETOR, PATHANPARA STONE CRUSHER, EDAKKOM P.O., KANNUR-670581.
R1 BY ADV. SRI.GEORGE POONTHOTTAM R BY SRI.K.V.SOHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC NO.290/2016
APPENDIX
PETITIONERS ANNEXURES:
ANNEXURE A1: CERTIFIED COPY OF the JUDGMENT IN WPC NO. 13276/2012 DATED 29.7.2015 OF THE HON'BLE HIGH COURT OF KERALA
ANNEXURE A2: TRUE COPY OF the INTERIM ORDER PASSED BY THE DIVISION BENCH IN W.A NO. 2035/15 DATED 12.11.2015
ANNEXURE A3: TRUE COPY OF THE LETTER TO THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KANNUR DT 8.12.2015
ANNEXURE A4: TRUE COPY OF THE DOCUMENTS ISSUED BY THE PANCHAYATH WHICH OBTAINED UNDER THE R.I ACT.
ANNEXURE A5: TRUE COPY OF THE LETTER OF THE PETITIONER'S COUNSEL DT 8.12.2015 SUBMITTED BEFORE THE GEOLOGIST
ANNEXURE A6: TRUE COPY OF THE ACKNOWLEDGEMENT LETTER ISSUED BY THE GEOLOGIST DT 11.12.2015
ANNEXURE A7: TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE SUPREME COURT IN SLP NO. 30103/2015 DT 7.12.2015
RESPONDENTS ANNEXURES:
ANNEXURE R1(a): TRUE COPY OF THE PERMIT DT 15.01.2016 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE KANNUR
TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN, J
Cont. Case © No.290 of 2016
in W.P(C) No. 13276 of 2012
Dated this the 10th day of June, 2016
The petitioner is before this Court alleging that the
consideration made as per Annexure AI as confirmed in Annexure
A2 with only the modification that the petitioner's operation shall
not be stayed is not in accordance with law. The petitioner would
have to challenge the same in appropriate proceedings and no
contempt would lie. Contempt case is closed.
Sd/-
jma
(K. VINOD CHANDRAN, JUDGE) //true copy//
P.A to Judge
1 issue framed by the court
Whether the petitioner's contention regarding the consideration in order A2 attracts contempt proceedings.
SOLLY SABU
ALI KUNHI
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
