The High Court declined to interfere in an alleged contempt petition due to the petitioner's negligence in remitting process charges, leaving the underlying writ petition pending.
Interference is declined; the contempt matter is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY ,THE 03RD DAY OF SEPTEMBER 2018 / 12TH BHADRA, 1940
Con.Case(C).No. 267 of 2016 IN WP(C). 7201/2015
AGAINST THE ORDER/JUDGMENT IN WPC 7201/2015 of HIGH COURT OF KERALA DATED 06-03-2015
PETITIONER/S:
JAYAPRAKASH
S/O.BHARGAVI THAMBAI, 385, PALISSERY HOUSE, WADAKKANCHERRY, THRISSUR.
BY ADV. SRI. M.P. ASHOK KUMAR
RESPONDENT/S:
SUDHAKARAN KARTHA PANAMUKKATHU MALIYEKKAL HOUSE, KANIMANGALAM, THRISSUR DISTRICT - 680 027.
BY ADV. SRI. P. MARTIN JOSE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 03.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGEMENT
Appointment of the hereditary trustee of Valiyalukkal
Devaswom as per Exhibit P13 order passed by the Cochin Devaswom Board is the subject matter of challenge at the instance of the petitioner in W.P.(C) No. 7201 of 2015 which is stated as pending consideration before this Court.
Con.Case(C).No. 267 of 2016
2
Court on 06.03.2015, 'status quo' was ordered to be maintained. This order of 'status quo' is stated as violated/flouted by the respondent herein in so far as he has wilfully cut, removed and stored valuable trees standing in the premises of Panamukku Karuthala Siva Temple and hence the alleged contempt, which is sought to be prusued in this matter.
petitioner in remitting necessary process charges on time to complete service, this Court does not find it as a fit case where any interference is to be made with regard to the alleged offence of contempt. It is open for the petitioner to pursue the grievance in the writ petition stated as pending,
Con.Case(C).No. 267 of 2016
3
for appropriate relief/orders. Interference is declined and
the contempt matter is dismissed.
Sd/-
P.R.RAMACHANDRA MENON
Judge
kmd
/True copy/
P.A. To Judge
1 issue framed by the court
Whether the court should interfere in the alleged contempt arising from the respondent's failure to adhere to the status quo order.
Jayaprasad
Sudhakaran Kartha
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
