Kannur Jill Thuramugha Thozhilali Kshema Sahakarana Sangham Ltd. v. Ajith Patil

Kerala HC6 Feb 2017Con.Case(C)/73/2017

Case brief

AI extract

What is this about?

Petitioners complained non-compliance with an interim order. The court noted a State Government order dated 02.02.2017 directed the Director of Port to grant permits with an expiry limit. Consequently, the court closed the contempt cases, granting liberty to resume if needed.

What did the court decide?

Contempt cases closed with liberty to petitioners to resurrect proceedings if and when situation demands.

Kannur Jill Thuramugha Thozhilali Kshema Sahakarana Sangham… — Contempt of Court | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 6TH DAY OF FEBRUARY 2017/17TH MAGHA, 1938 Con.Case(C).No. 73 of 2017 (S) ------------------------------

¶5

AGAINST THE ORDER IN WP(C) 38146/2016 of HIGH COURT OF KERALA

¶6

PETITIONER(S)/PETITIONER:

¶7

KANNUR JILLA THURAMUGHA THOZHILALI KSHEMA SAHAKARANA SANGHAM LTD. NO.C - 1962 POITHUMKADAVU, AZHIKODE, REPRESENTED BY ITS CHAIRMAN, NOUSHAD M.P., S/O. SAITHALAVI AGED 36 YEARS, RESIDING AT THADATHIL HOUSE, POITHUMKADAVU P.O., AZHIKODE, KANNUR DISTRICT, PIN - 670009.

¶8

BY ADVS.SMT.M.M.DEEPA SMT.M.S.SHEETHAL

¶9

RESPONDENT(S)/RESPONDENTS NO.2 & 4 IN WPC:

¶10

1. AJITH PATIL, IAS, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) DIRECTOR OF PORTS, VALIYATHURA, THIRUVANANTHAPURAM PIN - 695 505.

¶11

2. M. SUDHEER KUMAR, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) SENIOR PORT CONSERVATOR, PORT & SHIPPING OFFICE, AZHIKKAL KANNUR 670009.

¶12

BY GOVERNMENT PLEADER SMT. K.R. DEEPA

¶13

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2017, ALONG WITH COC. 77/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

¶15

Con.Case(C).No. 73 of 2017 (S)

¶16

APPENDIX

¶17

PETITIONER(S)' EXHIBITS

¶18

A INTERIM ORDER DATED 20.12.2016 PASSED BY THIS HON'BLE COURT I WPC.38147 OF 2016

¶19

B TRUE COPY OF THE NOTICE DATED 05.01.2017 SENT BY THE PETITIONER TO THE 1ST RESPONDENT

¶20

C TRUE COPY OF THE NOTICE DATED 05.01.2017 SERVED on the 2ND RESPONDENT

¶21

RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

SHAJI P. CHALY, J.

¶27

Contempt Case (Civil) Nos.73 & 77 of 2017

¶28

Dated this the 6^th day of February, 2017

¶29

J U D G M E N T

¶30

-------------------

¶31

These contempt cases are filed by the petitioners complaining that the common interim order passed by this Court on 20.12.2016 is not complied with by the respondents.

¶32

Today when the matter is taken up, learned Government Pleader has produced an order passed by the State Government dated 02.02.2017, whereby the Director of Port, Thiruvananthapuram is directed to grant permits to the petitioners to collect sand from the Kadavu with a rider that no extension will be granted after 31.03.2017.

¶33

I am of the considered opinion that, in view of the said order passed by the Government, these contempt cases can be closed, observing that the Director of Port will immediately take necessary steps to

¶34

issue licences or permission to the petitioner, at any rate,

¶35

Contempt Case (Civil) Nos.73 & 77 of 2017 2

¶36

within a week from the date of receipt of a copy of this judgment. The petitioners will also approach the Director of Port for appropriate orders. I do not find any reason to pursue the contempt proceedings any further, accordingly it is closed, leaving open the liberty of the petitioners to resurrect the proceedings, if and when situation demands.

¶37

Sd/- SHAJI P. CHALY, JUDGE.

¶38

rmm/6/2/2017

Kannur Jill Thuramugha Thozhilali Kshema Sahakarana Sangham Ltd. v. Ajith Patil

Case brief

What is this about?

What did the court decide?

Kannur Jill Thuramugha Thozhilali Kshema Sahakarana Sangham Ltd. v. Ajith Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr. Himal Raj Vs State Kerala

P.Sasikumar Vs District Collector

Panginikadan Anaiz Vs State of Kerala

K.Sreekumar Vs K.R.Jyothilal

Peggy Shaju Vs S.Venkiteshpathi

P.v.Tomy Vs C.C.Joseph