The High Court of Kerala discharged the contempt petition on the report that recovery proceedings had indeed been initiated and properties were attached, defeating the petitioner's allegation of inaction.
Contempt of court case closed; direction to continue recovery proceedings without default.
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.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939
Con.Case(C).No. 2031 of 2016 IN WA. 793/2015
AGAINST THE JUDGMENT IN WA 793/2015 of HIGH COURT OF KERALA DATED 18-08-2015
PETITIONER(S)
3 SAJEEV AGED 28, S/O.LATE THULASEEDHARAN, RESIDING AT VATTAKKATTU THEKKETHIL, THATTARKONAM PO, KOLLAM.
4 SAJITH AGED 29, S/O.LATE THULASEEDHARAN, RESIDING AT VATTAKKATTU THEKKETHIL, THATTARKONAM PO, KOLLAM.
BY ADV.SRI.SAJU J PANICKER
RESPONDENT(S):
Con.Case(C).No. 2031 of 2016
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R3 BY ADV. SRI.PRAVEEN K. JOY R3 BY ADV. SRI.VISHNU.R R3 BY ADV. SRI.E.S.SANEEJ R3 BY ADV. SRI.M.P.UNNIKRISHNAN R3 BY ADV. SMT.MINU SIBY ROY R3 BY ADV. SMT.M.K.SAMYUKTHA R3 BY ADV. SRI.N.ABHILASH
BY GOVERNMENT PLEADER SRI.TEK CHAND
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
Contempt Case (Civil) No.2031 of 2016
Dated this the 1st day of March, 2018
JUDGMENT
Antony Dominic, C.J.
This contempt petition is filed alleging disobedience of the directions contained in the judgment in W.A. No.793 of 2015. By the said judgment, while dismissing the appeal filed by the third respondent, this Court directed him to deposit the balance amount of compensation within three months. It was also ordered that in the event of failure on his part, the official respondents shall continue the recovery proceedings, conclude it and pay the amount to the petitioners herein. It is alleging that despite failure on the part of the third respondent in depositing the amount, recovery proceedings are not initiated, this contempt petition is filed.
Contempt Case (Civil) No.2031 of 2016
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properties belonging to the third respondent were attached. It is stated that, one of the attached properties was scheduled to be sold on 08.05.2017 and that the sale had to be adjourned for want of sufficient number of bidders. It is stated that sale is now scheduled on 23.03.2018.
Sd/-
ANTONY DOMINIC CHIEF JUSTICE
Sd/- DAMA SESHADRI NAIDU JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
Contempt Case (Civil) No.2031 of 2016 -3-
1 issue framed by the court
Whether the contempt petition alleging failure to initiate recovery proceedings should be allowed given the report of actual attachment.
KANAKAMMA
AMMUKUTTYAMMA
SAJEEV
SAJITH
SHYNAMOLE
P.R. AHAMMED KABEER
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
