Dismissed

Kavitha K Karunakaran v. Girijakumari Ayyappan

Kerala HC20 Jan 2020Con.Case(C)/123/2020

Case brief

AI extract

What is this about?

Petitioner moved for contempt against respondents for continuing constructions despite earlier High Court directions. Court observed validity of a subsequent building permit is pending in a separate writ petition. Contempt case dismissed with liberty to approach the court later depending on that writ petition's outcome.

What did the court decide?

Contempt case dismissed with liberty to approach this Court in future depending on the fate of W.P. (C) No.35917/2019.

Kavitha K Karunakaran Vs Girijakumari Ayyappan — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 20TH DAY OF JANUARY 2020 / 30TH POUSHA, 1941

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Con.Case(C).No.123 OF 2020 IN WP(C). 19366/2019

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PETITIONER:

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KAVITHA K KARUNAKARAN AGED 35 YEARS

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@ KAVITHA AJAYAN, W/O. AJAYAN K P, PUTHUPARAMPIL HOUSE, CHELIKUZHI BHAGAM, MUNDAKAYAM VILLAGE AND POST, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN-686513.

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BY ADV. SRI.P.KURUVILLA JACOB

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RESPONDENTS:

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1 GIRIJAKUMARI AYYAPPAN AGED 50 YEARS W/O. AYYAPPAN, THE SECRETARY, MKUNDAKAYAM GRAMA PANCHAYATH, MUNDAKAYAM P O, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN686513.

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2 M.M. ABDUL AZIZ S/O.A.K. MUHAMMED, AGED 45 YEARS, AYENTHAYAR P O, KOOTICKAL VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, 686513.

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OTHER PRESENT:

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SRI.LIJI J.VADAKKEDOM-SC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No.123 OF 2020 IN WP(C). 19366/2019

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J U D G M E N T

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This Contempt Case has been filed by the petitioner, alleging that in spite of the directions in the judgment dated 16.10.2019, the 2^nd respondent continued to make constructions and that the 1^st respondent, who is the Secretary of Mundakayam Grama Panchayat, did not take any action to stop the same. The petitioner, however, concedes that she has already approached this Court by filing a fresh writ petition, namely W.P.(C)No.35917/2019, on the same allegations and that Annexure-XII order has been issued by this Court against the 2^nd respondent herein. She thus, prays that the respondents be proceeded against under the provisions of the Contempt of Court Act for having willfully disobeyed the orders of this Court. 2. Sri.Liji J. Vadakkedom, learned counsel appearing for the 1^st respondent, submits that the facts, as now narrated by the petitioner in this Contempt Case, are not fully correct because, subsequent to the judgment in question, a building permit had been issued to the 2^nd respondent, which has been produced as Annexure-XI in this Contempt Case and that the

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Con.Case(C).No.123 OF 2020 IN WP(C). 19366/2019 3

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said building permit has been challenged by the petitioner in the afore mentioned W.P.(C)No.35917/2019. He says that validity of the building permit and entitlement of the 2^nd respondent to obtain such a permit are all issues that are being considered by this Court in the said writ petition and therefore, prays that this Contempt Case be closed.

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I find some force in the submissions of Sri.Liji J. Vadakkedom, because, even if Annexure - XI building permit had been issued to the 2^nd respondent by the 1^st respondent in violation of the directions of this Court, it would not be prudent or proper for this Court to answer its validity at this stage, particularly when a new writ petition has been filed by the petitioner challenging it.

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Since anything that may say herein with respect to the afore issues will have the effect of intervening with the new writ petition, I am of the firm view that the petitioner must pursue it, for which purpose, I leave open all contentions.

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Consequently, this case will stand dismissed; however, with liberty to the petitioner to approach this Court, if it is so

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Con.Case(C).No.123 OF 2020 IN WP(C). 19366/2019

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necessary in future, depending upon the fate of W.P. (C)No.35917/2019.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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Con.Case(C).No.123 OF 2020 IN WP(C). 19366/2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1	TRUE COPY OF JUDGMENT DATED 16.10.2019 IN WPC NO.19366/2019 OF THE HON'BLE HIGH COURT.
ANNEXURE II	TRUE COPY OF PETITIONERS COMPLAINT DATED 06.07.19 SUBMITTED BEFORE 1ST RESPONDENT.
ANNEXURE III	TRUE COPY OF THE RELEVANT PHOTOGRAPH OF THE SITE INDICATING A PORTION OF THE ILLEGALLY CONSTRUCTED BUILDING OF RESPONDENTS 6 AND 7 IN ANNEXURE 1 JUDGMENT, CONSTRUCTED VERY CLOSE TO THE KITCHEN AND NEARBY COMPOUND WALL OF PETITIONERS RESIDENTIAL HOUSE.
ANNEXURE IV	ONE RECENT PHOTOGRAPH OF THE RELEVANT SITE(EXTERNAL VIEW) INDICATING THE ILLEGAL CONSTRUCTION CARRIED OUT BY RESPONDENTS 6 AND 7 IN ANNEXURE-1 JUDGMENT, DURING THE MIDDLE PART OF NOVEMBER 2019, IGNORING ANNEXURE-1 JUDGMENT.
ANNEXURE IV A	ONE RECENT PHOTOGRAPH OF THE RELEVANT SITE(INTERNAL VIEW) INDICATING THE ILLEGAL CONSTRUCTION CARRIED OUT BY RESPONDENTS 6 AND 7 IN ANNEXURE-1 JUDGMENT, DURING THE MIDDLE PART OF NOVEMBER 2019, IGNORING ANNEXURE-1 JUDGMENT.
ANNEXURE V	TRUE COPY OF PETITIONERS LAWYER NOTICE DATED 18.11.19 COMMUNICATED TO 1ST RESPONDENT BY SPEED- POST.
ANNEXURE VI	TRUE COPY OF ORDER DATED 21.11.19 ON IA 1454/2019 IN OS NO.307/2019 OF THE MUNSIFF'S COURT, KANJIRAPPALLY FILED BY THE PETITIONER.
ANNEXURE VII	TRUE COPY OF PETITIONER'S COMPLAINT DATED 23.11.19 SUBMITTED TO THE SI OF POLICE AT MUNDAKKAYAM.
ANNEXURE VII A	TRUE COPY OF THE RECEIPT DATED 23.11.19 ISSUED FROM THE OFFICE OF THE S I OF POLICE AT MUNDAKKAYAM WHILE RECEIVING ANNEXURE-VI COMPLAINT
ANNEXURE VIII	TRUE COPY OF THE COMMISSION REPORT DATED 7.12.2019 FILED BY THE ADVOCATE COMMISSIONER IN OS NO.307/2019 OF THE MUNSIFF'S COURT, KANJIRAPPALLY.

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Con.Case(C).No.123 OF 2020 IN WP(C). 19366/2019

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ANNEXURE IX	TRUE COPY OF 1ST RESPONDENT'S LETTER DATED 28.11.19 COMMUNICATED TO PETITIONER ON 29.11.19.
ANNEXURE X	TRUE COPY OF PETITIONERS LETTER DATED 30.11.19 COMMUNICATED TO 1ST RESPONDENT.
ANNEXURE XA	TRUE COPY OF RECEIPT DATED 30.11.19 ISSUED TO PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT WHILE RECEIVING ANNEXURE X LETTER.
ANNEXURE XI	TRUE COPY BUILDING PERMIT NO.A2.742/19 DATED 3.12.2019 ISSUED BY THE 1ST RESPONDENT TO RESPONDENTS 6 AND 7 IN ANNEXURE -1 JUDGMENT BASED ON THEIR APPLICATION DATED 1.11.2019
ANNEXURE XII	TRUE COPY OF ORDER DATED 27.12.2019 IN WP(C) NO. 35917/2019 OF THE HON'BLE HIGH COURT.

Kavitha K Karunakaran v. Girijakumari Ayyappan

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Kavitha K Karunakaran v. Girijakumari Ayyappan

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