In a contempt proceeding regarding alleged violation of an interim order banning construction, the court found that construction was complete before the order. No contempt was held, and the parties were permitted to proceed with the underlying writ petition.
Contempt proceedings closed without prejudice; liberty to plead in writ petition granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939
Con.Case(C).No. 1337 of 2017 (S) ------------------------------AGAINST THE ORDER IN WP(C) 21528/2017 DATED 29-06-2017
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PETITIONER(S)/PETITIONER IN THE WRIT PETITION:
SHAJIB .P, AGED 42 YEARS, S/O. ABOOBACKER, POOLAKKAPARAMBIL HOUSE, MANJERI PIN 676 121
BY ADV. SRI.K.DILIP
RESPONDENT(S)/1ST RESPONDENT IN THE WRIT PETITION:
ABDUL MAJEED, S/O. MUHAMMAD KUTTY,(AGE NOT KNOWN TO THE PETITIONER) MANJERI KURIKKAL (H), KADAMBODE (PO) PANDIKKAD (VIA) PIN 676 521, SECRETARY IN CHARGE, POOKOTTUR GRAMA PANCHAYAT
BY ADV. SRI.ESM.KABEER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
Con.Case(C).No. 1337 of 2017 (S) -------------------------------
APPENDIX
PETITIONERS ANNEXURES:
ANNEXURE 1: A TRUE COPY OF THE ORDER PASSED IN WPC NO. 21528 OF 2017 DATED 29/6/2017. ANNEXURE 11: A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 5/7/2017.
ANNEXURE 111: A TRUE COPY OF THE RECEIPT ISSUED DATED 6/7/2017.
RESPONDENTS ANNEXURES:
R1: TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 30.6.2017. R2: TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 1.7.2017. R3: TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 8.8.2017. /TRUE COPY/ K.V. P.S.TO JUDGE
K. VINOD CHANDRAN, J.
Contempt Case (Civil) No.1337 of 2017 (S)
Dated: 18th September, 2017
J U D G M E N T
The petitioner submits that the interim order at Annexure A1 has not been complied with.
COC No. 1337/2017
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the petitioner and respondent would be left liberty to put forth their contentions in the writ petition.
The contempt case is closed, without prejudice.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 18/9/17
2 issues framed by the court
Whether the court can hold the respondents in contempt for non-compliance with a no construction order.
Whether the construction had commenced prior to the interim order.
Shajib .P
Abdul Majeed
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
