This contempt case concerning unauthorized road widening by local residents without panchayat notice is closed without prejudice to the petitioners pending writ petition action. The respondents deny conducting maintenance.
Contempt case is closed without prejudice to the pending writ petition.
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.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 11TH DAY OF OCTOBER 2017/19TH ASWINA, 1939
Con.Case(C).No. 1151 of 2017 (S) ------------------------------AGAINST THE ORDER IN WP(C).12310/2017 of HIGH COURT OF KERALA
PETITIONER(S):
VARKEY JOHNY, S/O VARKEY, AGED 62 YEARS, THENNATHOOR KARA, PARAPPUZHA P.O., KODIKULAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.
BY ADVS.SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL)
RESPONDENT(S):
1. JOSEPH SEBASTIAN, S/O DEVASSIA, AGED NOT KNOWN, SECRETARY, KODIKKULAM GRAMA PANCHAYAT, KODIKKULAM P.O., THODUPUZHA TALUK, IDDUKI. 2. MRS. SHERLY ANTONY, W/O ANTONY, AGED 46 YEARS, PRESIDENT, KODIKULAM GRAMA PANCHAYAT, KODIKKULAM P.O., THODUPUZHA TALUK, IDDUKI. ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
Con.Case(C).No. 1151 of 2017 (S)
APPENDIX
PETITIONER(S)' ANNEXURES
A I TRUE COPY OF RESOLUTION DATED 10.3.2017 A II TRUE COPY OF NOTICE DATED 23.3.2017 ISSUED BY THE RESPONDENT PANCHAYAT A III INTERIM ORDER DATED 6.4.2017 IN WPC.12310/2017 OF THIS HON'BLE COURT A IV PHOTOGRAPHS OF THE ILLEGAL ACTIONS COMMITTED BY THE RESPONDENTS A V TRUE PHOTOGRAPHS OF THE FACKBOOK POST DISPLAYING WIDEN THE FOOTPATH INTO MOTORABLE ROAD
RESPONDENT(S)' ANNEXURES
R1(A) TRUE COPY OF THE PROCEEDINGS ISSUED BY THE TALUK SURVEYOR, THODUPUZHA WITH RESPECT OT THE ROAD IN QUESTION DATED 17.10.2016 R1(B) PHOTOGRAPH SHOWING THE NATURE AND LIE OF THE ROAD IN QUESTION
TRUE COPY
P.S. TO JUDGE
EL
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. Contempt Case (Civil).No.1151 Of 2017 ............................................................. Dated this the 11th day of October, 2017
J U D G M E N T
Taking note of the averments in the counter affidavit filed by the respondents 1 and 2, which clearly states that the said respondents are not conducting any maintenance of the road in question, and if at all any action is taken, it is by the local residents, who have done so clandestinely and without notice to the respondents, the contempt of case is closed without prejudice to the right of the petitioner to agitate the issue in the pending writ petition.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/11.10.17
2 issues framed by the court
Whether the contempt complaint regarding unauthorized construction must be addressed.
Whether the petitioners any right to pursue the matter in pending writ petition remains intact.
VARKEY JOHNY
JOSEPH SEBASTIAN
MRS. SHERLY ANTONY
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
