In this contempt of court case filed for non-compliance with a judgment dated 17.09.2018, the court was satisfied that the Panchayat had initiated action against erring parties under the relevant Act. Consequently, the court closed the contempt proceedings without further action.
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 SHAJI P.CHALY
FRIDAY, THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940 Con.Case(C).No. 319 of 2019 IN WP(C). 30375/2018
AGAINST THE JUDGMENT IN WP(C) 30375/2018 DATED 17.09.2018 of HIGHCOURT OF KERALA
PETITIONER/S:
T.K.MOHANAN, AGED 75 YEARS, S/O.KRISHNAN, THAREPARAMBIL HOUSE, 8TH WARD, MANNAMTHURUTH VARAPUZHA.P.O., ERNAKULAM DISTRICT.
BY ADV. SMT.VANAJA MADHAVAN
RESPONDENT/S:
SMT. MANJULA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER WORKING AS SECRETARY VARAPUZHA GRAMA PANCHAYAT, VARAPUZHA, ERNAKULAM DISTRICT-683517
BY ADVS. SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 319 of 2019 IN WP(C). 30375/2018 2
JUDGMENT
This Contempt of Court Case is filed by the
petitioner complaining that the directives contained
in the judgment dated 17.09.2018, is not complied with.
Annexure R1(d) notice dated 08.03.2019 is produced,
from where I am satisfied that, already action is initiated against the erring parties as per Section 235W(1) of the Kerala Panchayat Raj Act, 1994.
considered opinion that, steps are taken by the
Panchayat in accordance with the directives issued by this court.
Therefore, I do not propose to pursue this Contempt of Court case further and closed accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu
15.03.2019
Con.Case(C).No. 319 of 2019 IN WP(C). 30375/2018 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 30375/2018 DATED 17.09.2018 OF THIS
HON'BLE COURT ANNEXURE A2 TRUE COPY OF THE NOTICE NO.B3-5791/2018 DATED 30.10.2018 ISSUED BY THE 1ST RESPONDENT
RESPONDENT'S ANNEXURES:-
ANNEXURE R1(a) TRUE COPY OF NOTICE NO.B3-5791/18 DATED 26.11.2018 ISSUED BY RESPONDENT TO
MR.E.S.ROBERT ANNEXURE R1(b) TRUE COPY OF NOTICE NO.A1-6365/18 DATED 22.2.2019 ISSUED BY RESPONDENT TO MR.E.S.ROBERT WITH COPY TO PETITIONER ANNEXURE R1(c) TRUE COPY OF REPLY LETTER DATED 28.2.2019 SUBMITTED TO RESPONDENT BY
MR.E.S.ROBERT ANNEXURE R1(d) TRUE COPY OF PROVISIONAL ORDER NO.A1 -6365/18 DATED 8.3.2019 ISSUED BY RESPONDENT TO MR.E.S.ROBERT
//TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether the petitioner's complaint regarding non-compliance with prior directives warranted further pursuit in the contempt of court case.
Whether action initiated by the Panchayat under Section 235W(1) of the Kerala Panchayat Raj Act satisfied the court's earlier directives.
Colour shows how this judgement treated each authority
WP(C) 30375/2018Referred¶15
1 provisions across 1 enactments
T.K. Mohanan
Smt. Manjula
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
