This contempt of court case was decided on the day of admission. The court examined photographs and statements regarding electric posts erected for Power Supply and found no willful violation or hindrance to traffic, dismissing the case.
The Contempt of Court Case was dismissed on the grounds of no willful or deliberate violation found.
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 V.G.ARUN
THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940
Con.Case(C).No. 187 of 2019 IN WP(C). 4713/2017
AGAINST THE JUDGMENT DATED 13.12.2018 IN WP(C)No.4713/2017 of THE HIGH COURT OF KERALA
PETITIONER:
MOHANAN.A, AGED 68 YEARS, S/O. LATE APPUKUTTAN, LAKSHMI KRIPA, NEDIVILIKALAM, OZHUVUPARA, PALLASSANA, PALAKKAD DISTRICT.
BY ADVS. SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS:
1 SRI. SURESH, FATHERS NAME AND AGE NOT KNOWN TO THE PETITIONER, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, VADAVANNUR, PALAKKAD - 678 504.
2 HARIDAS.K., AGE NOT KNOWN TO THE PETITIONER, S/O. KRISHNAN, OZHUVUPARA, PALLASSANA, PALAKKAD - 678 505.
3 SREEDHARAN, AGE NOT KNOWN TO THE PETITIONER, S/O. VELANTHEYYAN, SAKUNTHALA NIVAS, OZHUVUPARA, PALLASSANA, PALAKKD - 678 505. BY ADV. SRI.A.ARUNKUMAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C)No187/2019 2
JUDGMENT
This Contempt of Court Case has been filed
alleging violation of the direction contained in the judgment in W.P.(c) No.4713/2017. It is alleged that even though the direction in the judgment was to provide power connection to the residence of Sri. Haridasan, the petitioner in W.P.(c) No.3732/2017, strictly in accordance with the permission granted by the Additional District Magistrate, for the purpose of providing the connection, the electric posts have been erected in such a manner that it causes hindrance to vehicular traffic through the road.
2. A statement has been filed on behalf of the respondents, appending photographs of the electric posts in question. In paragraph 4 of the statement it is stated that three numbers of posts are erected for giving electric connection to the 2nd respondent. That, one post is erected along the side of the road leading to the petitioner's house, without causing
Con.Case(C)No187/2019 3
any obstruction to vehicular access and another post on the bank of the canal, beyond the house of the petitioner. That, the 3rd post is erected inside the property of the 2nd respondent.
On a perusal of the photographs and after considering the statement, I am convinced that there
is no willful or deliberate violation of the
direction contained in the Judgment. In the circumstances, the Contempt of Court Case is dismissed.
Sd/-
V.G.ARUN JUDGE
YKB
Con.Case(C)No187/2019 4
APPENDIX
PETITIONER'S/S ANNEXURES :
ANNEXURE 1 CERTIFIED COPY OF THE JUDGMENT WPC NO. 4713/2017 DATED 13.12.2018 OF THIS HONBLE COURT.
ANNEXURE 2 TRUE PHOTOGRAPHS OF POLES ERECTED.
ANNEXURE 3 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S WIFE.
RESPONDENT'S/S ANNEXURES :
ANNEXURE R1 A COPY OF THE PHOTO GRAPHS
//TRUE COPY//
PA TO JUDGE
YKB
2 issues framed by the court
Whether the erection of electric posts constitutes a willful violation of the direction in the judgment to provide power connections.
Whether the manner of erecting electric posts caused hindrance to vehicular traffic as alleged in the contempt petition.
Mohanar A
Sreerekhilapaneni Suresh
Haridas K
Sreedharan
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
