This contempt case alleged violation of directions issued in filed cases regarding construction activities. The court examined photographs submitted by the petitioner but found no apparent construction activity, finding no grounds to initiate proceedings.
Contempt case closed with no proceedings initiated.
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
FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937 Con.Case(C).No. 41 of 2016 (S) IN WA.2647/2015
-----------------------------------------------THE ORDERS IN WA 2647/2015 DATED 15-12-2015 & 17-12-2015
PETITIONER(S)/APPELLANT :-
A.K. NAZER, S/O.KADER PILLA, 24/201B, ANJIKKATHU HOUSE, VMB ROAD, PATHADIPPALAM, COCHIN - 33.
BY ADVS.SRI.DINESH R.SHENOY SMT.K.K.JYOTHILAKSHMY SRI.SANIL JOSE
RESPONDENT(S)/RESPONDENTS :-
1. SHRI.T. MOHAMMED HANEESH, AGED ABOUT 54, FATHER'S NAME NOT KNOWN, MINISTRY OF LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. SHRI.RAMANAN, AGED ABOUT 50, FATHER'S NAME NOT KNOWN, SENIOR TOWN PLANNER (VIGILANCE), OFFICE OF CHIEF TOWN PLANNER, THIRUVANANTHAPURAM - 695 001
3. SHRI.SHANKAR REDDY, AGED ABOUT 55, FATHER'S NAME NOT KNOWN, DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.
4. MR.S.NARAYANAN, AGED ABOUT 45, FATHER'S NAME NOT KNOWN SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY, COCHIN - 695 033.
5. SMT.JESSY PETER, AGED ABOUT 45, W/O.PETER, CHAIRPERSON, KALAMASSERY MUNICIPALITY, KALAMASSERY, COCHIN - 695 033.
Con.Case(C).No. 41 of 2016
6. SHRI.K.H.ABDUL MAJEED, 24/147, ILLICKAL HOUSE, NEAR V.P.MARACKAR SMARAKA LIBRARY, PATHADIPPALAM - 682 033.
7. NOORAJAHAN, W/P.ABDUL MAJEED, 24/147, ILLICKAL HOUSE, NEAR V.P.MARACKAR SMARAKA LIBRARY, PATHADIPPALAM - 682 033.
8. K.H.MUHAMMADALI, S/O.HASSAN, NOW RESIDING AT 24/143, ILLIKKAL HOUSE, NEAR V.P.MARAKKAR SMARAKA LIBRARY, PATHADIPPALAM P.O., CHANGAMPUZHA NAGAR - 682 033.
9. K.H.ABDUL SALAM, S/O.HASSAN, KAVUNGAPPADATH, VMB ROAD, PATHADIPPALAM, CHANGAMPUZHA NAGAR - 682 033.
10. NASEEMA KAREEM, W/O.LATE K.H.ABDUL KAREEM, ILLICKAL HOUSE, PATHADIPPALAM, COCHIN - 682 033.
11. SHABNA KAREEM, D/O.LATE K.H.ABDUL KAREEM, ILLICKAL HOUSE, PATHADIPPALAM, COCHIN - 682 033.
12. H.LAILA (ASYA), W/O.KUNJUMUHAMMED (KUNJAMI), KANDAYATH MADOM, OPPOSITE SALAFI MASJID, ANIKKAD JUNCTION, NEAR SUPREME STEEL COMPANY, KUTTAMASSERY, THOTTUMUGHAM, ALUVA - 683 105.
13. K.H.SOUDA, W/O.HAMEED, CHENNAMPILLY HOUSE, P.K.B.NAGAR, COCHIN UNIVERSITY, PIN - 682 033.
14. E.IQBAL, S/O.MUHAMMED ILLIAS, KIMS HEALTHCARE MANAGEMENT LTD., P.O.BOX No.1, ANAYARA P.O., THIRUVANANTHAPURAM - 695 029.
R6 - R7 BY SRI.PAUL MATHEW (PERUMPILLIL)
R13 BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. BY SRI. M.K. ABOOBAKER BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR BY SRI.NAGARAJ NARAYANAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
COC.NO.41 OF 2016
APPENDIX
PETITIONER'S EXHIBITS :-
ANNEXURE A1 :- TRUE PHOTOCOPY OF INTERIM ORDER DATED 1/8/2014 IN WP(C)No.19733/2014, HIGH COURT OF KERALA. ANNEXURE A2 :- TRUE PHOTOCOPY OF INTERIM ORDER DATED 18/11/2015 IN WP(C)No.19733/2015, HIGH COURT OF KERALA. ANNEXURE A3 :- CERTIFIED COPY OF INTERIM ORDER DATED 15/12/2015 IN WA.No.2647/2015, HIGH COURT OF KERALA. ANNEXURE A4 :- CERTIFIED COPY OF INTERIM ORDER DATED 17/12/2015 IN WA.No.2647/2015, HIGH COURT OF KERALA. ANNEXURE A5 :- TRUE PHOTOGRAPHS OF THE ILLEGAL CONSTRUCTIONS. ANNEXURE A6 :- TRUE PHOTOCOPY OF COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 28/12/2015. ANNEXURE A7 :- TRUE PHOTOCOPY OF COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 28/12/2015. ANNEXURE A8 :- TRUE PHOTOCOPY OF COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 28/12/2015. ANNEXURE A9 :- TRUE PHOTOCOPY OF COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED 28/12/2015. ANNEXURE A10 :- TRUE PHOTOCOPY OF COMPLAINT FILED BEFORE THE 5TH RESPONDENT DATED 28/12/2015. ANNEXURE A11 :- TRUE PHOTOCOPY OF LAWYER NOTICE DATED 31/12/2015 ISSUED TO THE RESPONDENTS.
RESPONDENT'S EXHIBITS :- NIL.
//TRUE COPY//
P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
Cont. Case (C) No.41 of 2016
Dated this the 22nd day of January 2016
J U D G M E N T
Ashok Bhushan, CJ.
Heard.
Cont. Case (C) No.41 of 2016
-: 2 :-
Accordingly, this contempt case is closed.
Sd/-
ASHOK BHUSHAN
Sd/-
A.M. SHAFFIQUE
Jvt/23.1.16.
1 issue framed by the court
Whether the impugned interim orders finding violation of court directions constitute grounds for initiating contempt proceedings.
A.K. NAZER
SHRI.T. MOHAMMED HANEESH
SHRI.RAMANAN
SHRI.SHANKAR REDDY
MR.S.NARAYANAN
SMT.JESSY PETER
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
