Dismissed

Citizen Against Corruptions and Injustice, Rep. by Chief Co-Ordinator v. Dr.M.S.Jaya,District Collector, Thrissur

Kerala HC10 Feb 2016Con.Case(C)/789/2015

Case brief

AI extract

What is this about?

This contempt case was dismissed without any substantive proceedings. The District Collector had already taken steps to evict encroachers and provide a 3-meter road to the petitioner's Homoeo Hospital, complying with the earlier judgment's directions, leading the Court to drop the case.

What did the court decide?

The contempt case is dropped as the District Collector has already taken appropriate steps complying with the court's earlier directions.

Citizen Against Corruptions and… — Constitutional and Fundamental Rights | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 10TH DAY OF FEBRUARY 2016/21ST MAGHA, 1937

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Con.Case(C).No. 789 of 2015 (S)

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JUDGMENT IN WP(C) 1379/2015

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PETITIONER(S):

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CITIZEN AGAINST CORRUPTIONS AND INJUSTICE, REPRESENTED BY ITS CHIEF CO-ORDINATOR, SRI.SREEDHARAN THERAMBIL, MEDICAL COLLEGE P.O., THRISSUR, PIN 680 596.

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BY ADV. SRI.T.RAJASEKHARAN NAIR

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RESPONDENT(S)/4TH RESPONDENT IN WP(C):

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DR.M.S.JAYA,THE DISTRICT COLLECTOR, COLLECTORATE, CIVILSTATION, AYYANTHOL, THRISSUR - 680 001.

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BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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Con.Case(C).No. 789 of 2015 (S)

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A: A CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO.1379 OF 2015, DTD.30.1.2015, PASSED BY THIS HONOURABLE COURT.

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ANNEXURE B: A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

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ANNEXURE C: ENGLISH TRANSLATION OF ANNEXURE B.

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ANNEXURE D: A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE RESPONDENT'S OFFICE TO THE PETITIONER SHOWING THE RECEIPT OF ANNEXURE B.

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ANNEXURE E: ENGLISH TRANSLATION OF ANNEXURE D.

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ANNEXURE F: A TRUE PHOTOCOPY OF A NEWS ITEM CAME IN MANGALAM DAILY DTD.6.5.2015.

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ANNEXURE G: ENGLISH TRANSLATION OF ANNEXURE F.

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ANNEXURE H: A TRUE PHOTOCOPY OF THE LETTER ALONG WITH COPY OF MINUTES SENT BY THE RESPONDENT TO THE PETITIONER.

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ANNEXURE I: ENGLISH TRANSLATION OF ANNEXURE H.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

ASHOK BHUSHAN, C.J. &

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A.M. SHAFFIQUE, J.

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================

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Cont.Case (C) No. 789 of 2015 ==================

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Dated this, the 10^th day of February, 2016

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J U D G M E N T

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Shaffique, J.

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This contempt case has been filed alleging non compliance of the directions issued by this Court as per judgment dated 30/1/2015 in WP(C) No. 1379/2015. By the aforesaid judgment, we have issued certain directions to provide necessary access to the proposed Homoeo Hospital. Directions had been issued in para 5, which reads as under:

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“In the result, this writ petition is disposed of as under: Petitioner shall submit a representation to the 4^th respondent/District Collector, who shall convene a meeting including the representatives of the Sales Tax Department, SC/ST Department as well as the District Medical Office (Homoeo) and take an appropriate decision to ensure that an access is provided to all the plots allotted to the three Departments from the main road. Necessary decision in this regard shall be taken within a period of three months from the date of receipt of the representation, along with a copy of this

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Cont.Case (c) No.789/15

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-:2:-

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judgment.”

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Learned Government Pleader has now placed before us the order dated 6/1/2016 issued by the District Collector by which the District Collector has mentioned that appropriate steps had been taken to evict all the encroachers from the said area and that 3 metre road has been provided from the main road to the Homoeo Hospital. It is also mentioned that the building to be constructed by the Scheduled Caste and Scheduled Tribe Department shall not encroach into the said portion allotted as the 3 metre road and that necessary plan has to be prepared in that regard.

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Having regard to the fact that appropriate steps had already been taken by the District Collector as directed in the judgment, we do not think it necessary to proceed with the contempt case.

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Accordingly, the contempt case is dropped.

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Sd/-

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ASHOK BHUSHAN, CHIEF JUSTICE

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Sd/-

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A.M. SHAFFIQUE, JUDGE

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Rp10/2/2016 //True Copy//

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PS to Judge

Citizen Against Corruptions and Injustice, Rep. by Chief Co-Ordinator v. Dr.M.S.Jaya,District Collector, Thrissur

Case brief

What is this about?

What did the court decide?

Citizen Against Corruptions and Injustice, Rep. by Chief Co-Ordinator v. Dr.M.S.Jaya,District Collector, Thrissur

Case brief

What is this about?

What did the court decide?

What the court decided

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