In a contempt petition alleging non-compliance with a judgment overruling a direction for land acquisition, the single judge held that no order survived the dismissal of the underlying appeal to vacate the earlier direction. The contempt case was dismissed with no findings on non-compliance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
Con.Case(C).No.693 of 2019 IN WP(C). 1918/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 1918/2018 of HIGHCOURT
PETITIONER/S:
PUTHALATH BALAKRISHNAN AGED 62 YEARS JITHEJ ILLATH THAZHE TEMPLE GATE P.O., THALASSERY,KANNUR DISTRICT
BY ADVS. SRI.M.SASINDRAN SRI.P.K.SUBHASH
RESPONDENT/S:
MANOHAR K
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,SECRETARY ,THALASSERY MUNICIPALITY, THALASSERY,KANNUR DISTRICT-670 101
BY ADV. SRI.I.V.PRAMOD
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.693 of 2019
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JUDGMENT
This contempt case is filed complaining that, the directives contained in the judgment dated 8.10.2018, is not complied with. In the appeal filed by the Municipality and its officials, the Division Bench has held that the direction issued by this Court to consider as to whether the municipality is to acquire the land, is not legally correct and therefore, the directions issued was over ruled.
In that view of the matter, I do not think anythin survives to be considered in this contempt case. It is dismissed accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
JM/
Con.Case(C).No.693 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 A TRUE COPY OF THE JUDGMENT IN W.P(C) NO.1918 OF 2018 DATED 8.10.2018 ANNEXURE-A2 A TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER DATED 13.2.2019 ANNEXURE-A3 A TRUE COPY OF THE ACKNOWLEDGMENT SHOWING THE RECEIPT OF ANNEXURE-A2
PUTHALATH BALAKRISHNAN
MANOHAR K
SHAJI P.CHALY
As recorded by the court registry
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