This is a contempt proceeding where the petitioner alleged non-compliance with a prior order. The court accepted the respondent's undertaking to issue the Trade Licence within one week, subject to orders from the Tribunal.
Court accepted undertaking to issue Trade Licence within one week subject to Tribunal orders and closed the contempt case.
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 DEVAN RAMACHANDRAN
TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941
Con.Case(C).No.132 OF 2020 IN WP(C). 31514/2019
AGAINST THE JUDGMENT IN WP(C) 31514/2019(L) OF HIGH COURT OF KERALA
PETITIONER:
I.R.JOSE
AGED 76 YEARS S/O.I.J.RAPPAI, INJODIKKARAN HOUSE, GANDHI NAGAR, NELLANKARA P.O., THRISSUR DISTRICT, PIN-680005.
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT:
RADHAKRISHNAN P AGE AND FATHER'S NAME NOT KNOWN, SECRETARY, THRISSUR MUNICIPAL CORPORATION, MUNICIPAL OFFICE ROAD, THRISSUR-683101.
SRI.SANTHOSH P. PODUVAL-SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).132/2020 IN WP(C).31514/19
2
JUDGMENT
The petitioner has approached this Court alleging that the directions in Annexure A2 judgment have not been complied
with by the respondent.
Counsel for the respondent, submits that his client has not deliberately violated
the orders at all, but that he has approached the Tribunal for Local Self Government Institutions to have the order, marked as Ext.P6 in the writ petition, set aside as per the liberty reserved to him in the judgment in question. He says that the Tribunal, however, is not sitting and therefore, that his client was unable to
obtain necessary orders. He, therefore, prays that this Contempt Case be closed.
P.Poduval on the afore lines, it is clear from the judgment that I had directed the
Con.Case(C).132/2020 IN WP(C).31514/19
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respondent to issue necessary Trade Licence
to the petitioner within a certain period, which time also could be used to approach the Tribunal to obtain orders, as he may be advised. This does not mean that he can
wait for ever for the Tribunal to pass orders and since it is now obvious that he has not obtained any orders on the application from the Tribunal until now, issuance of the Trade Licence now becomes necessary.
disclosed at the Bar, Shri.Santhosh P.Poduval, learned counsel for the
respondent, submitted that his client will
now issue the Trade Licence, however,
praying that this Court may clarify that same will be subject to any order that may be issued by the Tribunal and that this can be done within a period of one week.
Con.Case(C).132/2020 IN WP(C).31514/19
In the afore circumstances, I close
this Contempt Case recording the undertaking of Shri.Santhosh P.Poduval, that necessary Trade Licence will be issued to the petitioner within a period of one week from the date of receipt of a copy of this judgment, however, clarifying that such Trade Licence will be subject to further orders to be issued by the Tribunal for Local Self Government Institutions.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mc/21.1.2020
Con.Case(C).132/2020 IN WP(C).31514/19
5
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE | A1 TRUE COPY OF THE ORDER IN I.A.NO.1122/2019 |
|---|---|
| IN R.P.NO.71/2019 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 27.07.2019. |
|
| ANNEXURE | A2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.31514/2019 PASSED BY THIS HONOURABLE COURT DATED 29.11.2019. |
| ANNEXURE | A3 TRUE COPY OF RECEIPT EVIDENCING SUBMISSION |
| OF ANNEXURE A2 JUDGMENT BEFORE THE RESPONDENT DATED 13.12.2019. |
|
| ANNEXURE | A4 TRUE COPY OF THE NOTICE ISSUED TO THE RESPONDENT BY THE PETITIONER THROUGH COUNSEL DATED 28.12.2019. |
| ANNEXURE RESPONDE |
A5 TRUE COPY OF RECEIPT EVIDENCING SUBMISSION OF ANNEXURE A4 NOTICE BEFORE THE RESPONDENT DATED 28.12.2019. NT'S/S EXHIBITS: |
NIL
1 issue framed by the court
Whether the respondent has committed contempt for non-compliance with the direction to issue a Trade Licence in the main Writ Petition.
I.R.JOSE
RADHAKRISHNAN P AGE
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
